HomeMy WebLinkAboutMIN COUNCIL 2022-06-15 2020-2022 Hawaii County Council
43`'d Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
June 15, 2022
INVOCATION: Pastor Bill Dierking of Kona Coast Baptist Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:04 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
Ms. Ashley L. Kierkiewicz, Member(via videoconference in Hilo)
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member (came in later;via videoconference in Hilo)
Mr. Herbert M. "Tim" Richards, III, Member(via videoconference in Hilo)
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (At this time, Mr. Inaba presented a Certificate of Merit to Kea E. Kahoilua-
EXPRESSIONS OF Clebsch for being named a U.S. Presidential Scholar.)
CONDOLENCE:
Recess: At 9:14 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:15 a.m.
Hawaii County Council-43 June 15,2022
(At this time, Ms. Kimball presented a Certificate of Merit in recognition of
Patsy T. Mink Title IX Day, the 50'h anniversary of Patsy T. Mink's Equal
Opportunity In Education Act.)
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:
Doug Adams: Bill 179 (Comm. 818), in opposition.
Kanani Kapuniai: Bill 180 (Comm. 819), comment.
(representing Waimea
Hawaiian Homestead
Association, Inc.)
Ellen McKinley: Bill 167 (Comm. 771), in support.
Joe DiNardo: Bill 167 (Comm. 771), in support.
(See Comm. 771.472)
Scott Uehara: Bill 179 (Comm. 818), in opposition.
Nancy Crawford: Bill 179 (Comm. 818), in opposition.
Dee Fulton: Bill 167 (Comm. 771), in support.
John Palmer: Bill 167 (Comm. 771), in support.
(See Comm. 771.526)
Eileen O'Hara: Bill 159 (Comm. 746);
Bill 167 (Comm. 771); and
Bill 179 (Comm. 818), in support.
Janice Palma-Glennie: Res. 415-22 (Comm. 800), in support;
Res. 440-22 (Comm. 840), comment;
Res. 441-22 (Comm. 841), comment; and
Bill 167 (Comm. 771), in support.
(See Comms. 771.525 and 800.2)
Kristen Alice: Bill 160 (Comm. 750), in support.
(representing HOPE Services
Hawaii)
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Hawaii County Council-43 June 15,2022
Jaerick Medeiros-Garcia: PC-68 (Comm. 806), in opposition;
(representing Makahanoloa Bill 168 (Comm. 783), in opposition;
Fishing Association) Bill 175 (Comm. 812), in opposition; and
Bill 180 (Comm. 819), in support.
Paul Herring: Bill 167 (Comm. 771), in support.
Paul Montague: Bill 167 (Comm. 771), in support.
Cory Harden: Res. 440-22 (Comm. 840);
Bill 167 (Comm. 771); and
Bill 173 (Comm. 809), in support.
Kawehi Inaba: Bill 179 (Comm. 818); and
(representing La`i`opua 2020) Bill 180 (Comm. 819), in support.
Debbie Nakasato: Bill 180 (Comm. 819), in support.
Patrick Kahawaiolaa: Bill 180 (Comm. 819), comment.
(See Comm. 819.7)
Diana Bertsch: Bill 167 (Comm. 771), in support.
(representing IRONMAN Group
and IRONMAN World Championship)
Jamie Pardau: Bill 167 (Comm. 771), in support.
Maki Morinoue: Bill 160 (Comm. 750); and
Bill 167 (Comm. 771), in support.
(See Comm. 771.515)
Setsuko Morinoue: Bill 167 (Comm. 771), in support.
(See Comm. 771.516)
Malani Alameda: Bill 160 (Comm. 750);
Bill 167 (Comm. 771); and
Bill 180 (Comm. 819), in support.
Amy Cornforth: Bill 167 (Comm. 771), in support.
(representing Captain Zodiac)
Cindi Punihaole: Bill 167 (Comm. 771); and
Bill 180 (Comm. 819), in support.
(See Comm. 771.529)
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Hawaii County Council-43 June 15,2022
Chloe Weir: Bill 167 (Comm. 771), in support.
Lynn Miyahira: Bill 167 (Comm. 771), in opposition.
(representing Public Access to (See Comm. 771.513)
Sunscreens Coalition)
Monica Stone: Bill 167 (Comm. 771), in support.
(See Comm. 771.543)
Heather Carvalho: Bill 167 (Comm. 771), in support.
(See Comm. 771.461)
David Clark: Res. 441-22 (Comm. 841), comment.
(See Comm. 841.3)
Mahina Paishon-Duarte: Bill 167 (Comm. 771), in support.
Krista Donaldson: Bill 167 (Comm. 771), in support.
(See Comm. 771.473)
John Cranshaw: Bill 167 (Comm. 771), in support.
(See Comm. 771.468)
Robert Shapiro: Bill 167 (Comm. 771), in opposition.
(See Comm. 771.538)
Ted Bohlen: Bill 167 (Comm. 771), in support.
(See Comm. 771.454)
Mendy Dant: Bill 167 (Comm. 771), in support.
(representing Fair Wind
Cruises)
Ann Humphrey: Bill 167 (Comm. 771), in support.
Christopher Dean: Bill 167 (Comm. 771), in support.
(representing Recycle Hawaii)
Andrew Choy: Bill 180 (Comm. 819), in support.
(representing Department of
Hawaiian Home Lands)
Heather Howard: Bill 167 (Comm. 771), in support.
(representing Coral Reef
Education Institute)
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Hawaii County Council-43 June 15,2022
Paul Badgley: Bill 167 (Comm. 771), in support.
(representing Coral Reef
Education Institute)
Kevin McCabe: Res. 415-22 (Comm. 800); and
Res. 416-22 (Comm. 801), in support.
Lisa Bishop: Bill 167 (Comm. 771), in support.
Megan Lamson: Res. 415-22 (Comm. 800);
(representing Hawaii Wildlife Res. 416-22 (Comm. 801);
Fund) Bill 167 (Comm. 771); and
Bill 180 (Comm. 819), in support.
(See Comms. 800.1 and 819.11)
Merry Anne Stone: Res. 441-22 (Comm. 841), comment.
Simmy McMichael: Bill 167 (Comm. 771), in support.
(representing West Hawaii (See Comm. 771.510)
Surfing Association, Inc.)
George Martin: Bill 167 (Comm. 771), comment.
(See Comm. 771.505)
Steve Oppenheimer: Bill 167 (Comm. 771), in support.
(representing Friends of
Hanauma Bay)
Tara Rojas: Bill 160 (Comm. 750);
Bill 167 (Comm. 771); and
Bill 180 (Comm. 819), in support.
Jeff Bagshaw: Bill 167 (Comm. 771), in support.
(See Comm. 771.450)
Dwight Vicente: PC-68 (Comm. 806), comment;
Res. 440-22 (Comm. 840), comment;
Bill 160 (Comm. 750), comment;
Bill 179 (Comm. 818), comment; and
Bill 180 (Comm. 819), comment;
Christopher O'Donnell: Bill 167 (Comm. 771); in support.
(Representing Dr. Dianne (See Comm. 771.523)
Godar)
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Hawaii County Council-43 June 15,2022
CHR. DAVID: I'm closing public testimony at this time. Before I take a real
quick, much needed five-minute break, when we come out of recess, I'm going to
be taking a few things out of order. I just wanted to let the Clerk know. We're
going to do the "Reports" first, then we're going to go to Bill 167, and then
Resolution 441-22. So right now, I'm going to take a five-minute break and,
Council Members, we'll be back at 12:12 p.m. Thank you, we're in recess.
Recess: At 12:07 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:14 p.m.
CHR. DAVID: Aloha, everyone. I'm taking the Council meeting out of recess at
this time. Clerk Henricks, can we proceed with "Reports"?
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.
PC-66: NOMINATION OF ALAYNA L. KILKUSKIE TO THE KAILUA VILLAGE
(Comm. 804) DESIGN COMMISSION
Requires Council
Confirmation by: June 24, 2022 (Section 134(1),
Hawaii County Charter
Vote on PC-66: Mr. Inaba moved to adopt Planning Committee Report
(Adopted) No. 66. Seconded by Mr. Kaneali`i-Kleinfelder and carried
by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy —2.
Excused: None.
PC-67: NOMINATION OF PALANI GREENWELL TO THE KAILUA VILLAGE
(Comm. 805) DESIGN COMMISSION
Requires Council
Confirmation by: June 24, 2022 (Section 134(1),
Hawaii County Charter)
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Hawaii County Council-43 June 15,2022
Vote on PC-67: Mr. Inaba moved to adopt Planning Committee Report
(Adopted) No. 67. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy —2.
Excused: None.
PC-68: NOMINATION OF JOHN C. CROSS TO THE WINDWARD PLANNING
(Comm. 806) COMMISSION
Requires Council
Confirmation by: June 24, 2022 (Section 13-4(k),
Hawaii County Charter)
and
Comm. 806.1: From Mayor Mitchell D. Roth, dated May 31, 2022, confirming that Mr. Cross
would represent the South Hilo District, and if confirmed would serve the remaining
term of a former commissioner, ending December 31, 2023.
Vote on PC-68: Mr. Inaba moved to adopt Planning Committee Report
(Adopted) No. 68. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy —2.
Excused: None.
RAWEEMC-14: NOMINATION OF NOMINATION OF AUSTIN GRIFFEY TO THE GAME
(Comm. 807) MANAGEMENT ADVISORY COMMISSION
Requires Council
Confirmation by: June 24, 2022 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-43 June 15,2022
Vote on RAWEEMC-14: Mr. Inaba moved to adopt Regenerative Agriculture,
(Adopted) Water, Energy and Environmental Management Committee
Report No. 14. Seconded by Ms. Villegas and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
CHR. DAVID: I believe that concludes the "Reports." Can we just move to
Bill 167,please?
Bill 167: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO THE PROHIBITION OF NON-MINERAL SUNSCREEN
Prohibits the sale and distribution of non-mineral sunscreen, unless prescribed by
a licensed healthcare provider, beginning December 1, 2022.
Reference: Comm. 771
Intr. by: Mr. Inaba and Ms. Villegas
First Reading: June 1, 2022
and
Comm. 771.1: From Council Members Holeka Goro Inaba and Rebecca Villegas, dated
June 8, 2022, transmitting a proposed amendment to Bill 167.
Motion to Approve: Mr. Inaba moved to pass Bill 167 on second and final
reading. Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you, Chair David. We've heard hours of testimony today
with multiple community groups, and we've had robust discussion about this
topic and this specific measure. I want to perhaps get us started with the proposed
amendment that we have. It's on our board, not in the pinkie folder.
Motion to Amend: Mr. Inaba moved to amend Bill 167 with the contents of
Comm. 771.1. Seconded by Ms. Villegas.
CHR. DAVID: Mr. Inaba, go ahead.
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Hawaii County Council-43 June 15,2022
MR. INABA: Thank you. This amendment that has been submitted is in regard
to conversation that we had, so I kind of want to take us back to our last meeting.
We've had discussion about, first of all, Council Member Kimball bringing up the
definition that is used here and the definition used in Bill 167 references the
definition in the HRS (Hawai`i Revised Statutes). After further consideration, we
did decide to stick with that definition, being that we don't want to have different
definitions from Maui and from the State. So we're sticking with that. If the
State should amend their definition of sunscreen, ours will follow suit, being that
it's in reference to the definition provided in the state chapter.
Moving on then to Section 14-31, Council Member Chung brought up the idea
that if I passed this sunscreen to Chair David, that's providing—it's very difficult
to enforce and really keep track of something like that. So the word "provide" has
been removed. Again, this is to move the language more towards what stores and
retailers are providing here on our island. That's why the word"provide" has
been taken out.
The word"for sale"was added after "distribute." So it now reads, "It is unlawful
to sell, offer for sale, or distribute for sale any non-mineral sunscreen. . . ." This
language is exactly in line with the HRS language. So really trying to stick with
that original bill that was put forth by the Legislature and approved by the
Legislature. So these two sections are now exactly aligned with the language in
the HRS.
The last part of this amendment speaks to the violation and penalties. So there
were some thoughts brought up by Council Member Lee Loy regarding where the
funds should go. And again, we are hoping and we will be doing work with our
stores to educate them and let them know of the passing of this bill, hoping that
this body does pass it today. Instead of sending the funds collected from fines to
the Solid Waste Fund, these funds would now be used put into the General Fund
and utilized by the Department of Parks and Recreation for mineral sunscreen
dispensers, education materials, and related purposes. Director Messina was
supportive and has committed that he will help in this effort. I'm looking forward
to contributing, hopefully, some of my CRF (Contingency Relief Fund)this year
to this effort as well.
Director Sako I believe is online, but has allowed us and provided that we are able
to create a new line item so that these fines have a place to go, and that the
department will have a way to spend that on those three areas, that being the
dispensers, educational materials, and anything else that might be helpful to
improve human behavior. So with that, I ask that we approve this amendment
based on the discussion. This amendment, again, comes from the mana`o of the
Council Members in our last meeting. Mahalo.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Ms. Villegas? Anyone else
in Hilo on the amendment,please? Seeing none, all those in favor of amending
Bill 167 with the contents of Communication 771.1, please say "aye."
Vote on Motion The motion to amend Bill 167 with the contents of
to Amend: Comm. 771.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David–8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. DAVID: Now, before we go back, I believe I need a motion to discuss.
Vote on Motion Mr. Inaba moved to suspend Council Rule 24 to waive the
to Suspend holdover for the substantive amendment of Bill 167.
Council Rules: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David–8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. DAVID: Now, back to the main motion, Bill 167, as amended.
Ms. Villegas.
MS. VILLEGAS: Thank you. I just want to, first and foremost, express my deep
and heartfelt gratitude to the legislators, the community groups, the experts,
toxicologists, ocean advocates, and the broad, cross section of generations that
showed up today to speak in support of Bill 167. I think that it exemplifies the
pervasive support of transitioning our practices here in the County of Hawaii.
They weren't able to be here with us today, but I would like to point out that
Senator Gabbard sent in a letter of support for this bill and directly stating that
there are no this does not create a—Act 104 did not preempt the counties from
regulating our own sunscreen sales. Also, there's a wonderful letter from
Senator Laura Acasio. We have a letter from Representative Nicole Lowen and
from Council Member Kelly King, all people who have been very active when it
comes to legislation whose goal is to change the products available for sale.
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Hawaii County Council-43 June 15,2022
I think that also something that Mr. Jeff Bagshaw, who has been a phenomenal
advocate for this legislation, works within the DLNR (Department of Land and
Natural Resources) and the State system, is that Bill 167 solves the problem at the
store where the problem begins, and that is the intention, is to remove the
opportunity for the majority of people who are visitors. We have millions of
people that come every year and will immediately go to the store, and they will
make a best effort to buy a sunscreen that they don't think will do harm. This
allows for our County to ensure that only mineral-based sunscreens that will not
harm our coral ecosystems are available for them to purchase in our retail
establishments. So I ask for the continued support of my colleagues in passing
Bill 167 today at final reading. With that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else to weigh in? Seeing
none, I just wanted to make a couple of comments here. Number 1, Council
Member Inaba, thank you for proposing these amendments based on our lengthy
discussion and your cooperation in amending it based on that. Number two, I just
wanted to thank the many, many testifiers that showed up today and for their time
and their mana`o. On that, Mr. Clerk, a roll call vote please on the bill, as
amended.
MR. RICHARDS: Chair, I would like to make a comment.
CHR. DAVID: Sure, go ahead.
MR. RICHARDS: I do agree—and I wasn't here at the last readingI do agree,
we've heard a lot of testimony and a lot of comments on both sides. I don't think
anybody sitting on this Council isn't concerned about the County, the community,
the oceans, the environment going way forward. What we do have, though,
before us is information that we will be having a review very shortly that will
actually give us a lot more definitive answers. And borrowing from something
that Councilman Lee Loy has often said: Good information leads to good
decisions.
We had one testifierI think it was Doctor George Martin—reference that we
have this review coming out from the National Academy of Science that is not a
new definitive study, because that was also commented on by one of the testifiers,
but it's a review of the studies. There was another testifier that commented on a
study from IARC (International Agency for Research on Cancer) and that actually
is not exactly accurate because IARC is not an investigatory agency. What they
do is do exactly what the National Academy of Science will be doing, is
reviewing data and coming up with the solution there. So I'm keenly interested
on what that is going to be saying going forward because I think we're all looking
for the solutions going forward.
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Hawaii County Council-43 June 15,2022
The list of experts though some testimony was long, the list of experts was not
that long. And I look forward to seeing what the National Academy of Science
produces because we're all trying to find a way forward. No matter what we look
at, there are opinions on both sides of this argument, and we can support both of
those by experts. So the question comes down to us: How do we make that
evaluation? I think more data is needed and that's where I am in my mind. I need
to see the final review that the National Academy of Science will be producing
and that's imminent. If this was years off, we would need to make a decision.
One of the comments was made, "Hit the pause button," and that's what I need to
see in my mind going forward. I commend the efforts going forward with this. I
am not of a mindset that it doesn't prevent cancer, but I'm not sure because,
again, I'm not an expert on this. However, from my perspective, I'm cautious on
going forward, especially if we have imminent information that's going to be
made available to us. So for those reasons, I can't support this measure at this
point because I think we will have a lot more information very, very shortly.
Thank you, Chair, I yield.
MR. CHUNG: Maile?
CHR. DAVID: Thank you, Mr. Richards. Go ahead, Mr. Chung.
MR. CHUNG: Maybe I should ask this of the Clerk. I just wanted clarification.
What's the motion on right now? The amendment?
MR. HENRICKS: I'm sorry, the amendment passed so the motion is to pass
Bill 167, as amended, on second and final reading.
MR. CHUNG: Okay, yeah, I wanted to weigh in on that then.
CHR. DAVID: Thank you. Go ahead, Mr. Chung.
MR. CHUNG: The last time I made this comment about this measure saying that,
you know, I could find a lot of reasons not to vote for it. Since that time, I've
spoken to other people. I've reached out to others. I did speak to Megan Lamson.
I felt I owed it to her because she had helped me out on a matter in the
South Point area; so I talked to her. Normally, I don't talk to people who are
invested in a measure, one way or the other; I'm only going to hear propaganda,
right? I did talk to Megan, and we had a delightful conversation. I hope she feels
the same way, too. I think we both agreed, or at least I agreed in my own mind,
that people believe what they want to believe, basically. That's all it comes down
to already.
But when I cast my vote, what really matters is what I believe already. For me,
the last time I said I'm going to err on the side of the little, tiny coral polyps—and
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Hawaii County Council-43 June 15,2022
I'm going to continue doing that. If the studies come out and show that was a
wrong decision, then I think subsequent councils can go and correct the situation
by repealing this ordinance, if it passes of course.
I've got to say this, though. It makes me take pause when I hear people saying
that these other types of sunscreens don't protect against skin cancer. They might
be right, ultimately. But I bet you there's a lot of people who are going to say
they're wrong, too, and I am one of those. I believe we should do whatever we
can to try to protect ourselves, and I don't think that kind of propaganda is really
going to be helpful. But I also believe that this is a measure that could protect our
coral reefs, and I think for the overall health of our world, our earth anyway, I've
got to err on that side.
So, I'm going to be—one last thing, it's about the preemption. I know somebody
mentioned Senator Gabbard. Senator Gabbard is not an attorney. Not that you've
got to be an attorney, really, to offer your opinion, but I just have a hard time
when people speak in absolute terms when they come to the law. Nobody can say
for certain whether something is legal or not—well, I mean when you're talking
about interpretation. There was Mr. Bohlen, I think. He reached out to me, but I
didn't call back and I really do apologize. He keeps on saying that he was a
former deputy attorney general.
It's kind of funny, we have here Patrick Kahawaiolaa because I always like to
look at this. They had this one opinion from the Attorney General's office
relating to police powers on Hawaiian Homelands. Landmark opinion. Craziest
opinion I ever saw. It came from the Department of the Attorney General. That
does not make it correct. I've just got to say that. I'm not saying it's wrong, but
like I said, we're all entitled to our opinions, and nobody should speak in absolute
terms unless it's decided by the Supreme Court. Thank you.
CHR. DAVID: Thank you, Mr. Chung, for that. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I'm going to be maintaining my "no"vote on
this measure. I really do appreciate the introducers for their effort here. The data
piece is a big question mark for me, and I really just would like to see what the
National Academy of Sciences puts out this fall so that we can make good
decisions based on good, solid, objective information. I really just don't know
how significant this legislation is when you think about the real impact that
climate change, agricultural activities, coastal development is really having on our
coral reef ecosystem. And that's really where I hope that our public policy in the
future is really going to be focused on. Thank you for that. I yield.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else?
MR. CHUNG: Maile, I have one more comment.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: If this were a complete prohibition against certain types of
sunscreens, I would vote against it. I just wanted to say that. But particularly
with the amendment that was advanced by Mr. Inaba, I'm more comfortable in
supporting this. Thank you.
CHR. DAVID: Thank you for that, Mr. Chung. Anyone else?
Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Although I do have tremendous love for
Ocean Potion sunscreen, if not just for the smell of orange creamsicles, and it
does a wonderful job of protecting my skin, I'll be maintaining my vote from the
last meeting as well. I do appreciate all the testimony both for and against
today just always good to hear everyone's opinions but I think it is best to err
on the side of the environment at this point. Like Mr. Chung statedI believe it
was Mr. Chung—we can always come back and amend later if things are found to
be true or not true. There is more information coming to the table, so I'll be
holding my vote today. Thank you, Ms. David, I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else want to
weigh in? I have just one final comment on this one. No? Okay, before we take
the vote, Ms. Punihaole, in her testimony earlier in support of Bill 167, mentioned
the fact that in my last statement I said I would never go back to Kahalu`u Bay
and swim. But in our conversation she failed to mention my reason and that I
would definitely go back to Kahalu`u right now and swim in that beautiful ocean,
but at this stage of my life, I would never put on a bathing suit, and that was the
only reason I would not go in the water at Kahalu`u. I just wanted to make that
very clear because I don't want people thinking that I will not go to Kahalu`u
because of a bad experience I had several decades ago. Okay, Mr. Clerk,please,
roll call.
MR. CHUNG: Maile?
CHR. DAVID: Mr. Chung.
MR. CHUNG: You weren't able to hear it from your end, but there was a lot of
laughter both on the dais and within the audience to those comments.
CHR. DAVID: Well, I just needed to clear that up, Mr. Chung, because I support
this. I really, I just needed thank you, Cindi.
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Hawaii County Council-43 June 15,2022
Vote on Bill 167: The motion to pass Bill 167, as amended to Draft 2, on
Draft 2 second and final reading was carried by the following roll
(Adopted) call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball,
Villegas, and Chair David–6.
Noes: Council Members Kierkiewicz and Richards –2.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. DAVID: Thank you very much. Thank you, everyone. Can we please
now go to—what time is it? Okay. Bill—I think the best thing to do for everyone
right now is take a 20-minute lunch break because we have to reconvene Human
Services at 1:00. Let's take a real quick lunch break. We'll be in recess until
1:00 this afternoon.
MR. HENRICKS: Are you recessing this meeting until 1:00?
CHR. DAVID: No, we'll be in recess until we're done with Human Services, I
guess.
MR. HENRICKS: Or that meeting recesses?
CHR. DAVID: Yeah.
MR. HENRICKS: We just don't have a certain time at this point.
CHR. DAVID: At this point, I can't recess for a certain time because
MR. HENRICKS: We don't know what's going to happen with Human Services.
CHR. DAVID: Yeah so I'm just—
MR.
ustMR. HENRICKS: Madam Chair, you're putting this meeting into recess. Human
Services will convene at 1:00, and this meeting will reconvene at the adjournment
of Human Services or if it recesses again.
CHR. DAVID: Okay,perfect.
MR. HENRICKS: Is that correct?
CHR. DAVID: I couldn't have said it better.
MR. HENRICKS: Very good. Thank you so much.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Okay, we're in recess until 1:00. I'm sorry. We're in recess until
Mr. Clerk—in accordance with what Mr. Clerk said, yeah. Thank you,
Mr. Henricks.
Recess: At 12:41 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:12 p.m.
CHR. DAVID: I'm taking the Council meeting out of recess at this point in time.
Mr. Clerk, can we proceed with Resolution 441-22, please?
Res. 441-22: DETERMINES THE REAL PROPERTY TAX RATES FOR THE COUNTY OF
HAWAII FOR THE FISCAL YEAR JULY 1, 2022, TO JUNE 30, 2023
Lowers the tax rates for properties classified in residential tier one, affordable rental
housing, commercial, industrial, agriculture or native forests, and homeowner.
Reference: Comm. 841
Intr. by: Mr. Inaba
Waived: FC
(Note: Comms. 841.1 and 841.2, from Council Members Herbert M. "Tim"
Richards, III, and Susan L. K. Lee Loy dated June 15, 2022, transmitting
proposed amendments to Res. 441-22, were circulated.)
Motion to Approve: Mr. Inaba moved to adopt Res. 441-22. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you, Chair. Again, this is a second resolution, being that I
withdrew the first one, and it seeks to adjust those rates that were shared when the
agenda item was read in. Again, there was a lot of discussion at the previous
meeting regarding helping smaller businesses, those in our commercial and
industrial tax classes, our agricultural and even our homeowner and affordable
rental housing classes as well, although they are currently paying the lowest rate
and do have the 3 percent cap.
This resolution balances with the total final approved budget that we approved as
a Council, and I believe Director Sako is online. Director Sako, if you would, I
know you're away right now, but thank you for joining us. Is she online?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Sorry, yes, I'm here.
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Hawaii County Council-43 June 15,2022
MR. INABA: Okay. Good afternoon. If you could just speak to the rates that are
proposed in this resolution and confirming that they are covering the approved
budget that we did earlier this month.
MS. SAKO: Our staff have put those in our formula and our spreadsheet as well,
and they do cover the budget that was passed on June 2nd. We did note that there
would be a need to increase the appropriation for homelessness based on this
particular set of rates because the tier one rate is being reduced. So we would
take care of that with a budget amendment after the first of the year.
MR. INABA: Got it. Thank you, Director Sako, for joining us. So with that,
again, wanted to provide this. I know there are other measures right now looking
to improve our real property taxation system. This, however, is just what is
proposed for this current budget year or until we move it again should a Council
choose to amend the rates again. But open to any discussion and really, it just
takes off any monies that we did not budget to use in the operating budget this
year. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Ms. David. I commend
Mr. Inaba for bringing this forward. During discussions over the past month or
two months, it has been regularly stated that inflation is at our absolute high and
that our folks and our community and our residents need relief. And this provides
that relief, albeit it may be in a lengthy manner; we may not see the results until
next year. But knowing that we're providing that relief and that we've done this
in line with Ms. Sako's Draft 2 of our budget, as amended, and with the approval
of the Finance Director, knowing that we can provide this relief without affecting
our budget negatively and still provide all the services that we offer to our
community, I feel this is a very balanced proposal and I will be supporting this
today.
Thank you for bringing this forward. I cannot say it any stronger than we need to
do this right now for our residents. This is our responsibility. It is to look at
where we stand fiscally, understand where our budget sits, and make decisions
appropriately in regard to our tax rates. That's my comments. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Ms. Villegas, go ahead. Hilo, if you want to weigh in,please just shout out.
Thank you.
MS. VILLEGAS: I just want to say that I concur. I want to thank Council
Member Holeka Inaba for his diligence, and his eye for detail and precision, and
working with the Finance Department to ensure that they were in alignment. I
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Hawaii County Council-43 June 15,2022
agree with the value system behind these tax rates and where the relief is
provided, and think that it's wise at this point. And so I'll be supporting this piece
of legislation today. With that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Hilo, any comments?
MR. RICHARDS: Yeah, Chair.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you, Chair. I have an amendment I'd like to add to
this, the main motion.
CHR. DAVID: Alright, are you making a motion?
MR. RICHARDS: Okay, yeah, ready.
Motion to Amend: Mr. Richards moved to amend Res. 441-22 with the
contents of Comm. 841.2. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you, Chair. It's, again, in the spirit of looking at going
forward with the Real Property Tax and seeking some relief for everyone and not
just identified a few of this. I wanted to introduce this resolution so we give
everybody a little bit of a break. Again, recognizing that every taxpayer in our
County has been impacted by the last couple of years. So with this, it's a modest
recognition of what's gone on for the last couple of years, but again, it's inclusive
of everyone. We're not discriminating against any one group. We're trying to be
inclusive of all. So I offer that and I ask for my colleagues' support.
CHR. DAVID: Thank you, Mr. Richards. Anyone else?
MS. LEE LOY: Yes, Ms. David.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. You know, this one actually, as Mr. Richards
discussed, and we heard the descriptor spread the pain a little bit, yesterday we
looked at exemptions for the homeowner's class around age and a catchall. And
so we're providing a lot of relief although it comes in the next fiscal cycle. We do
provide relief in the homeowner's category. Everyone will see relief on their
August 20'h bill. And this coupled with the work that we did yesterday and
hopefully future work really strikes a balance.
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Hawaii County Council-43 June 15,2022
I also wanted to see if, Diane or Deanna, they had an opportunity to look at this
amendment and ask the similar questions that Mr. Inaba posed, which is if these
rates provide enough as was budgeted.
MS. SAKO: So Diane and her team did look at the rates, and it would barely be
enough to cover the budget. It would be really tight to pass the nonprofit grants.
So while, yes, it covers it, it's really tight. Yes.
MS. LEE LOY: Okay. Thanks, Deanna. Just again asking for my colleagues'
support. We saw a huge jump in assessed values, which is why we have—we're
living in a time of an abundance, and we're just really trying to keep all of our
services going while still, again, making it fair and equitable across all the classes
to see some relief on their August 20'h bill and future relief as we work through
more changes with our Real Property Tax Code. Thank you, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else from Hilo?
MR. CHUNG: Yeah, me.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: As I said the last time, and no offense to any of the makers of
these amendments, but look, I'd like to be the person or a person who votes in
favor of tax relief. Of course. But it's very difficult for me to support these
reductions in the homeowner class because they have caps. They're protected.
That was the very reason why those caps were put into place. I cannot support
either of them. That's all I'm going to say. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: I'm just going to join my voice to that,potentially for slightly
different reasons. Inflation was mentioned. That inflation actually is going to
affect us as well as the purchaser of goods and services. We've already seen that
with things. I think there is a ton of uncertainty right now about the future of our
economy, and as Council Member Lee Loy mentioned, these are boon times.
They are, but I have no certainty on how long those boon times are going to last.
I think that the housing market is completely unsustainable and if I were to—if I
was a betting person, I would be betting on a collapse at some point in the not too
far term. I think there are other mechanisms; I shared one yesterday. I think
there's additional things that have been proposed that we're waiting kind of to
revisit that can help some of the other property tax classes. As of right now, I'm
going to vote against changes to the tax rate. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else on the proposed
amendment? Seeing none, Mr. Clerk, roll call please on the motion to amend.
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Hawaii County Council-43 June 15,2022
Vote on Motion The motion to amend Res. 441-22 with the contents of
to Amend: Comm. 841.2 failed by the following roll call vote:
Failed
Ayes: Council Members Lee Loy and Richards —2.
Noes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Villegas, and Chair David—7.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. We're back to Resolution 441-22. Go ahead.
MR. INABA: Thank you. I just wanted toagain, this is a balanced approach
and recognizing there are other tools being discussed right now that will have an
affect later. I think we can provide this relief to the tax classes in the resolution,
so asking for my colleagues' support. Mahalo.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on the main motion?
MS. KIERKIEWICZ: Chair David?
CHR. DAVID: Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you. I really appreciate all of my colleagues for
their creativity and ingenuity here. I'm not going to be supporting this measure as
well. When Director Sako said we're going to be cutting it really, really close,
that gave me a lot of concern. I want the extra cushion and I know that money
can be used to be leverage so that we can have stronger borrowing power and get
a lot of the CIP (Capital Improvement Projects)projects that we keep wishing
would get done actually accomplished. So again, I appreciate the efforts but can't
be supporting this today. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else here or Hilo?
Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Just to say, these two communications are
very, very similar, some being within a cent or two of each other. I just want to
state this is a very balanced move towards addressing the concerns that were
raised over the last two months by the community as far as property tax rates.
Again, our Finance Director is saying this is doable without affecting anything
that we've done to date and makes us flush for 2022-2023. I think it's an option,
if we are truly worried about our community. Our budget being based, for the
most part, on property taxes, then this is truly a commendable approach towards
providing relief for our residents. I know it's been stated again and again; I'm
just restating the obvious.
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Hawaii County Council-43 June 15,2022
Another point that was brought up last time that I thought was really important
was, do these equal out to the folks who need the help being helped? There were
some questions and I still have some of those questions, but I do feel that the
relief given to different classes here is of particular value. I'll be supporting this
measure today. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo?
Comments?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. I do appreciate Mr. Inaba advancing this so we
could have just one more shot at it, however, it's not fair for some classes. I just
wanted a more fair approach, which is why I will not be supporting this. I look
forward to what we do next based on the decisions of this Council. Thank you,
Chair. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo before I go to
Kona again?
MR. RICHARDS: Yeah, Chair.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you. I'm just going to echo that. The numbers that we
had put forth were very, very close, but it was for everybody. Again, trying to be
inclusive of all to be fair. So with that, I can't support this going forward. I
definitely hear the concerns that Ms. Kimball raised and so, for that, I will not be
supporting. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else here in Kona? Seeing
none, before we take the vote, roll call, Mr. Clerk, I just wanted to note that I
really appreciate Director Sako hanging on all morning waiting for us to take up
this measure. I put a lot of credence in her estimation about what position this
proposed amendment to our real property taxes places us in. So I give her a lot
of—my decision rests with her recommendation that she stated initially about this
would be fine and it would be okay in maintaining what we've already discussed
and approved in our budget. Okay, Mr. Clerk, roll call, please.
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Hawaii County Council-43 June 15,2022
Vote on Res. 441-22: The motion to adopt Res. 441-22 failed by the following
Failed roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Villegas, and Chair David —4.
Noes: Council Members Chung, Kierkiewicz,
Kimball, Lee Loy, and Richards —5.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
MR. CHUNG: Maile?
CHR. DAVID: Yes, go ahead, Mr. Chung.
MR. CHUNG: Chief Ferreira is here for Resolution 433-22. I'm wondering if
that could be taken out of order?
CHR. DAVID: Sure. Mr. Clerk, can we go to Resolution 433-22, please?
Res. 433-22: CREATES ONE NEW CLERK III POSITION FOR THE POLICE
DEPARTMENT'S TRAFFIC SERVICES SECTION
Reference: Comm. 833
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 433-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Mr. Chung, for bringing to our
attention Mr. Ferreira's in the audience today. Mr. Ferreira, if you could come
up. Just for everyone's information, this was waived to Council by the request of
the department. So if you could, Chief Ferreira, provide us with some
information on why the need for the waiver and what the position will do for our
County.
(Note: At this time, Police Chief Paul Ferreira came forward to address
the members of the Council.)
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Hawaii County Council-43 June 15,2022
MR. FERREIRA: Good afternoon, Council. Thank you for taking me out of
order. This position is for our Traffic Services section to assist Torey Keltner
who is our Program Manager in there. We're managing all the services that have
been going forward or coming out of that section.
Back in 2018, we reduced the positions in the Traffic Services section from three
to the two current positions that we do have. We took a Patrol Sergeant position
out of it and put the position into our records division as we saw a greater need
there. However, since then, over the years, the Traffic Services section has taken
on a lot greater responsibilities with managing our intoxilyzer program, managing
our school crossing guards. They do all the citations for our DUIs (Driving Under
the Influence), our traffic fatalities. They've gotten into Program Zero on the
traffic collisions. And having only two members in there really tasked the
Program Manager with a lot of extra duties.
So what this does is asks to put a Clerk III to assist in answering the phones,
answering the public's questions when they call in for services, addressing the
issues with road closure permits, and helping with the school crossing guards and
just having a third body in there to alleviate the Program Manager having to do all
of this and have him concentrate more on the larger scale of programs. I'm
available for any questions. I asked Torey to be here, but he went on vacation this
past week, so you're stuck with me.
MR. KANEALI`I-KLEINFELDER: It's never a bad thing, Chief. Thanks for
being here today. I did have just a quick discussion with Torey regarding this,
and he said this would be absolutely beneficial to him and his department. He's
overloaded and overwhelmed, and this is something he asked for. So I'll be
supporting this today. Thank you for being here today, Chief. I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on this
matter? Hilo?
MR. RICHARDS: Chair?
CHR. DAVID: Go ahead.
MR. RICHARDS: Thanks, Chair. Chief, the asks of the Police Department are
always so modest, and so I will definitely be supporting this, especially because
you need the support and you need to be able to get that clerical side handled. I'll
definitely support this. Chair, I yield.
MR. FERREIRA: Thank you, sir.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none,
Chief Ferreira, thank you so much for your patience and for being here. All those
in favor of approving Resolution 433-22,please say "aye."
Vote on Res. 433-22: The motion to adopt Res. 433-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David —9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Could we possibly take out of orderI believe we have
representatives in our Hilo Chambers—at the top of the agenda, Resolutions 412,
413, and 414, in that order?
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.
(Note: Items in this category were taken up previously, out of order.)
Res. 412-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE
EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES
ASSOCIATION UNIT 02 FOR THE CONTRACT PERIOD JULY 1, 2021
THROUGH JUNE 30, 2025
The estimated costs over the four years of the new contract resulting from across-
the-board increases and one-time lump sum payments would be $1,567,354.
Reference: Comm. 797
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-157
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 412-22 and
Finance Committee Report No. 157. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-43 June 15,2022
MR. KANEALI`I-KLEINFELDER: There was limited discussion in Committee
level; I have no discussion presently.
CHR. DAVID: Alright, thank you. Anyone else? Seeing none, all those in favor
of approving Resolution 412-22, please say "aye."
Vote on Res. 412-22: The motion to adopt Res. 412-22 and Finance Committee
(Adopted) Report No. 157 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Res. 413-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE
EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES
ASSOCIATION UNITS 03, 04, 13, AND EMPLOYEES EXCLUDED FROM
THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH
JUNE 30, 2025
The estimated costs over the four years of the new contract resulting from lump
sum payments, across-the-board increases, step movements, and increases to
uniform allowances and overtime meal rates would be $21,783,815.
Reference: Comm. 798
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-158
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 413-22 and
Finance Committee Report No. 158. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I see Mr. Leopoldino in Chambers. Can you
come to the chair to the dais real fast? I have some questions.
(Note: At this time, Human Resources Director Waylen Leopoldino came
forward to address the members of the Council.)
MR. LEOPOLDINO: Good afternoon.
MR. KANEALI`I-KLEINFELDER: If you could introduce yourself for the
record, please.
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Hawaii County Council-43 June 15,2022
MR. LEOPOLDINO: Waylen Leopoldino, Director of Human Resources.
MR. KANEALI`I-KLEINFELDER: Thank you for being here today, Director.
Director, the question is really basic. The discussion today: taxes, salary and
wages being about 65 percent of our budget. These agreements were reached
until 2025, correct?
MR. LEOPOLDINO: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. I'm just wondering, like, say next
year is a hard year for us, what happens to these agreements? These are held
steady or is there any ability for the counties to go back to the table?
MR. LEOPOLDINO: No, these contracts are in place through June 30, 2025. If
the County is unable to pay salaries and wages, we move to reduction in force.
MR. KANEALI`I-KLEINFELDER: Okay. That's kind of what I expected you to
say, but I just wanted to clarify that in case there were questions by the
community. I appreciate it, Director. That's all I had.
MR. LEOPOLDINO: Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have any
questions? Seeing none, all those in favor of approving Resolution 413-22, please
say "aye."
Vote on Res. 413-22: The motion to adopt Res. 413-22 and Finance Committee
(Adopted) Report No. 158 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David —8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-43 June 15,2022
Res. 414-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION
TO HAWAII FIRE FIGHTERS ASSOCIATION UNIT 11 FOR THE CONTRACT
PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025
The estimated cost over the four years of the new contract resulting from across-
the-board increases and step movements would be $16,267,480.
Reference: Comm. 799
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-159
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 414-22 and
Finance Committee Report No. 159. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Good discussion in Committee. No
discussion today, Chair. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 414-22, please say "aye."
Vote on Res. 414-22: The motion to adopt Res. 414-22 and Finance Committee
(Adopted) Report No. 159 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Richards, Villegas, and Chair David —8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-43 June 15,2022
Res. 415-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION
EASEMENT FOR PROPERTY IDENTIFIED AS TAX MAP KEY 8-7-001:002
SITUATED IN THE AHUPUA`A OF KA`OHE AND KNOWN AS WAI`OHE,
DISTRICT OF SOUTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION FUND
The County seeks to acquire approximately 220 acres of land to protect the old
growth of`Ohia trees and habitat for the Hawaiian Hawk, the Hawaiian Hoary Bat,
and other endemic bird and plant species. This parcel is listed as priority number
15 for purchase in the 2021 Annual Report of the Public Access, Open Space, and
Natural Resources Preservation Commission.
Reference: Comm. 800
Intr. by: Ms. David
Approve: FC-160
Motion to Approve: Mr. Inaba moved to adopt Res. 415-22 and Finance
Committee Report No. 160. Seconded by Ms. Villegas.
CHR. DAVID: We had a lot of discussion on this in Committee, and I just would
like to ask for my colleagues' continued support. Mahalo. Anyone else? Seeing
none, all those in favor of approving Resolution 415-22, please say "aye."
Vote on Res. 415-22: The motion to adopt Res. 415-22 and Finance Committee
(Adopted) Report No. 160 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David –9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Before we vote on—I need to take another couple out of order
because I believe Administrator Magno is in the room. Could we do
Resolution 437-22?
MS. KIERKIEWICZ: Chair, he's no longer here.
CHR. DAVID: Okay, never mind then. We'll just continue, Mr. Clerk.
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Hawaii County Council-43 June 15,2022
Res. 416-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 7-7-004:025
SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS
KAKALA O KAMOA CULTURAL CENTER, UTILIZING THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
FUND
The County seeks to acquire this .78 acre oceanfront parcel located on the north
side of Holualoa Bay along Alii Drive in Kailua-Kona to preserve the historic
Lyman House cottage and stone swimming pool, and provide an area for cultural
education, subsistence fishing, and shoreline recreation. The parcel is listed as
priority number 16 for purchase in the 2021 Annual Report of the Public Access,
Open Space, and Natural Resources Preservation Commission.
Reference: Comm. 801
Intr. by: Ms. Villegas
Approve: FC-161
Motion to Approve: Ms. Villegas moved to adopt Res. 416-22 and Finance
Committee Report No. 161. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: I just ask for my colleagues' support on the potential purchase
of this incredible piece of property, and at the same time, also asking for quick
movement. Hamana, thank you for all the work that you do. I'm hopeful that
with the Mayor's support we'll be able to purchase this piece of property that is
another priceless shoreline place on Alii Drive, which is a coastline that does not
have, I don't think, adequate shoreline access. So this would provide another
resource for our community. With that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in
favor of approving Resolution 416-22, please say "aye."
Vote on Res. 416-22: The motion to adopt Res. 416-22 and Finance Committee
(Adopted) Report No. 161 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Could we just move to, really quick, to Resolution 440,please?
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Hawaii County Council-43 June 15,2022
Change Order As directed by the Chair and with no objections from the Council Members,
of Business: the following items were taken out of order:
Res. 440-22: CONDEMNS GUN VIOLENCE AND SUPPORTS STRENGTHENING GUN
LAWS IN THE UNITED STATES OF AMERICA
Encourages the United States Congress to establish gun safety measures to reduce
the number of mass shootings and gun related deaths occurring nationwide.
Reference: Comm. 840
Intr. by: Ms. Kimball
Waived: GOREDC
Motion to Approve: Ms. Kimball moved to adopt Res. 440-22. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. In 2012 was when the Sandy Hook
Elementary School shooting took place. And at that time, I was just devastated at
the thought of these six- and seven-year-olds. I wasn't in a position to do
anything except to vote for somebody who would stand for gun safety.
Then 2018 came and Parkland happened, and I thought, you know, for sure this
time, with all those high school students getting up there and advocating for gun
safety, something would happen this time. All I could do was make sure I was
voting for somebody that would support gun safety laws.
Now, it's 2022 and we've had more elementary school children in Uvalde, Texas,
just murdered for no reason. The difference is now I'm in a position where I can't
do much more, but I can present this body with a resolution that says we condemn
this. I know all of you are behind that 110 percent; I don't even have to ask. I
know that all of you are as horrified and as grief stricken about this as I am.
Something's got to happen this time.
One of the testifiers mentioned there are more guns than people in this country;
123 guns per 100 people. How is that even reasonable? When I wrote this
resolution, to be added onto the agenda, the Uvalde shooting was the 134 ' of the
year. This was just a couple of weeks ago. I checked the stats this morning; as of
this morning, there have been 267 mass shootings in this country.
Gun safety laws protect people; they are reasonable. The most overlooked words
in the Constitution is under the second amendment where it says, "well
regulated."
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Hawaii County Council-43 June 15,2022
It is time that we put the safety of children ahead of the profits of gun
manufacturers. The gun safety measures that are proposed are supported by the
majority of Americans. They are actually even supported by the majority of
lawful, careful gun owners.
I'm asking you to support this today to encourage our congressional delegation
and the members of Congress to actually take action and not just offer thoughts
and prayers, and provide this country with some reasonable gun laws. When I
think about it and I think, "My God, we're in a situation that we can't get beyond
more guns than people." Then I look at other places across the country that did
have serious gun violence issues, and they were able to make progress. It is
possible.
I just received an email from our Managing Director, Lee Lord, that there is a
body of ten republicans and ten democrats in the Senate, working together right
now for a bipartisan gun safety package. What I ask this body for today is,
through this resolution as the vehicle, we lend our support to those 20 folks to
come up with something to finally do something to address this issue.
I believe we may have somebody in Hilo Chambers. I'm not sure who it is, but
there is a story I want to share from the Prosecutor's office if that is not somebody
from the Prosecutor's office over there. Thank you for the leeway, Chair. I yield
at this time.
CHR. DAVID: Thank you, Ms. Kimball. Is there someone in the Hilo Chambers
that needs to weigh in on this? Thank you. Please identify yourself for the
record, and go ahead.
(Note: At this time, Managing Director Lee Lord, Office of the Mayor,
came forward to address the members of the Council.)
MR. LORD: Thank you, Chair.
CHR. DAVID: I'm sorry, Mr. Lord, I didn't see you from
MR. LORD: No problem. Thank you, Chairwoman David. This is Lee Lord,
Managing Director. When this was put on the agenda, I did agree and
wholeheartedly support coming and sharing from the Administration that our
Administration and Mayor Roth wanted me to be here to point out that we do
condemn gun violence and support the strengthening of gun laws in the
United States of America. The Administration also encourages the United States
Congress to establish gun safety measures to reduce the number of mass shootings
and gun-related deaths occurring nationwide.
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Hawaii County Council-43 June 15,2022
We fully support Councilwoman Heather's motion here and hope that things
move forward. We do know you all support it. And thank you for doing this,
Councilwoman Kimball.
CHR. DAVID: Thank you, Director Lord. Anyone else in Hilo? Kona? Seeing
none, thank you very much, Ms. Kimball.
MR. RICHARDS: Hang on, Maile. Aaron's running up to the dais.
CHR. DAVID: Okay, I'm sorry. Mr. Chung, go ahead.
MR. CHUNG: Thank you. I wanted to thank Ms. Kimball for bringing this up
because I don't really know how much affect this is going to have in the grander
scheme of things, but at least it allows us to discuss this matter. It's rather
cathartic, even if we don't say anything,just to be able to voice our opinions on
this very grave state of affairs that we have in the United States.
The problem I see is that you have the two extremes: the far right and the far left.
For some reason, they're all melding in this kind of weird dance for more rights,
while the people in the middle, and Ms. Kimball kind of touched upon it, the
greater community, their voice isn't being heard. They're marginalized for some
strange reason. All people have to do is come upI think everybody is just
asking for sensible gun laws. How difficult can that be really?
I know someone earlier had said, "Not against red flag laws." You've got to have
that kind of stuff. Of course you've got to have that. It's part of the sensible
package. Assault weapons; there is no need for that, really. How simple. But
people cannot agree. They just I don't know. We've lost sensibility because
the two extreme sides of our country are dominating the conversation and
marginalizing the people in the middle. That's my thoughts. But I really wanted
to thank Ms. Kimball for bringing this forward, even if we don't know what it's
going to accomplish; but it sure helps my mental stability. Thank you very much.
CHR. DAVID: Thank you, Mr. Chung, for that. Anyone else in Hilo?
MS. LEE LOY: Yes, Ms. David.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: I wanted to thank Ms. Kimball for advancing this, and I just
wanted to share. She shared a couple of numbers and I wanted to share a couple
also. The numbers I have to share are 13, 62, 141, and 1,560. Just in 2021,
13 soldiers died in action, 62 police officers, 141 firefighters just in 2021
1,560 children under the age of 18. I wholeheartedly support this resolution.
Thank you, Chair. I yield.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo?
MR. RICHARDS: Yeah, Chair.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Just real quick. Mr. Chung always is able to distill it down.
The left and the right had marginalized the people of this (inaudible) and the vast
majority of the population, and that's wrong. So I, again, I fully support what
this the intent. Thank you, Ms. Kimball, for bringing it up because it makes
sense. It just makes common sense. Thanks. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else in Hilo before I go to
Mr. Kaneali`i-Kleinfelder? Okay, Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: As a father, I mean I could not imagine
getting a phone call like what we've seen in the past in different areas in our
country. So I'll be supporting this today. If you put yourself in the shoes of the
parents who've lost their children due to inadequate gun laws or whatever it may
be, I think as a parent that just changes your whole mind frame. So I'll be
supporting this today. Mahalo.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba.
MR. INABA: Thank you. Council Member Kimball, thank you for bringing this
forward. I wasn't going to say anything, but I think about my time in the
classroom that I still spend and when we see those things in the news. As
educators, you know what your kuleana is; it's not only to educate but to protect.
You know what you need to do. I don't think anybody could have said it better
than what Council Member Chung said. We need to just wake up and be sensible.
There's no benefit. There's no forward movement. There's no progress with
these two heavily opposed perspectives. Thank you for bringing this forward, and
I support the intention of protecting our kids and our residents. So thank you,
Council Member Kimball.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, go ahead.
MS. VILLEGAS: I echo the sentiments of my colleagues and am so grateful that
you brought this forward. When I saw it come through in Laserfiche, I was really
heartened and very appreciative that we would have the opportunity to talk about
this in our County and with this legislative body.
As a young child, my dad had serious mental health issues and was able to get an
HK semiautomatic machine gun, which he proceeded to teach me how to use at a
very young age. It wasn't necessary. It wasn't based on positive, conscious,
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Hawaii County Council-43 June 15,2022
proactive, purposeful. It was based on fear and judgement and reactivity. I'm
grateful no one in my family was ever hurt by that gun, and I hope that no child
ever has to go through that.
So I'm just really grateful for this, not only for the opportunity for us to support
potential national legislation, which eliminates any and all chances of children
being tormented and traumatized in spaces that are intended for education, but
also for the children out there who may be being raised by parents who have
questionable mental health capacities, and that legislation and safety measures be
put into place, which would ensure that they're not able to get their hands on
weapons that could harm their own families. So thank you for this. It hits home,
I think, with all of us in so many ways and I really appreciated your the mention
of those words and that's really poignant about them being regulated. Thank you
again for that and just sending our aloha and prayers, not to be not just prayers
but here's legislation. No more thoughts and prayers; let's make legislation.
Let's make change and let's make it now. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Okay, Ms. Kimball, I
really, really appreciate the fact that you brought this up. In hindsight, I don't
believe this has ever happened to our children or to our communities, and it scares
me that right now it's close to home already. It's not something that you just see
on the news, but it is here. That is what's very concerning, and I really thank you
for bringing this resolution. I mean if we can all band together and do something,
even if this resolution is just an encouragement to the powers that be. I support it
wholeheartedly because I'm not sure what's happening to all of our communities,
but it's certainly concerning. So thank you so much for doing this. I really want
to send this Council's condolences to all of the parents and the families that have
lost people to this sad and tragic situation. All those in favor of approving
Resolution 440-22, please say "aye."
Vote on Res. 440-22: The motion to adopt Res. 440-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
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Hawaii County Council-43 June 15,2022
Vote on Motion Ms. Kimball moved to suspend Council Rule 15 to waive
to Suspend the 5-day hold for reconsideration. Seconded by Mr. Inaba
Council Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David –9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Alright, could we now go to Bill 179, please?
Bill 179: AMENDS ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY
CHARTER (2020 EDITION), RELATING TO TERMS OF OFFICE OF
DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE
AGENCIES UNDER THE MANAGING DIRECTOR
Provides that within 60 days of the County Council term beginning on
December 5, 2022, and within 60 days of the beginning of every alternate Council
term thereafter, that all department heads appointed by the Mayor and approved by
the Council appear before the Council for a vote to retain each department head.
Reference: Comm. 818
Intr. by: Mr. Chung
Approve: GOREDC-25
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
Motion to Approve: Mr. Chung moved to pass Bill 179 on first reading and
adopt Governmental Operations, Relations, and Economic
Development Committee Report No. 25. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: Thank you. I'm going to ask my colleagues to move this forward.
I know we heard from some members of the public who also happen to be
department heads but they came in their private capacity.
First of all, Doug Adams, who is the R&D (Research and Development) Director,
also noted that he was the Chair of the Charter Commission. He spoke about the
legalities of the matter, and also mentioned that—there was something that came
up during our Committee discussion about the way of solving this, perhaps, is to
go with four-year Council terms, and I'm in favor of that. But the voters, as
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Hawaii County Council-43 June 15,2022
Mr. Adams pointed out, voted that down in 2020. But Mr. Adams stated
something very interesting. He said that in his estimation, it reflected that the
citizens wanted to connect to their Council Members, also citing that similar
initiatives had been shot down in 1992 and 1998. I look at it a little bit more
broader. I think the public wants more accountability. That's my opinion; I could
be wrong. He spoke of the strong Mayor, weak Council, all these other
technicalities.
Also—who else came up here? Mr. Uehara from IT (Information Technology)
came here and talked about the Managing Director is the supervisor for all the
department heads. And that's basically what Mr. Lord, the Managing Director,
had told us the last go-around. Nancy Crawford, very interesting, smart lady,
talked about long termability to implement long term. That was probably the
only thing that I heard today from the members of the public who happened to be
with the Administration who tried to explain how sticking with the four-year
terms, basically, serves the public interest. Never mind all of these kinds of
technicalities or who is under what. The bottom line is if we can better serve the
County, that's all that should matter.
I'll tell you this: If I were in any department head's place or even in the Mayor's
position, which I'm not campaigning for Mayor or anything, don't get me wrong.
But I would embrace this initiative. I would say anything that can promote
continual improvement has to be good for the community. And you would have
to put the instructions to each and every one of the department heads this: "Hey,
just do a good job. Don't worry about a thing. You just do a good job;
everything should be all right."
Yeah, there might be some disruption and bumping. But look, right after our
Committee meeting, there's a shake-up in the Department of Public Works. We
didn't need two-year terms; this thing got shaken up already. And the thing about
it is this: There's no transparency in the way this thing occurred. At least if it's
done at the County Council—we cannot talk about personnel matters,just as the
Administration is not able to do it, but there's more transparency here at the
Council level. Read that article that was in the newspaper. People can only guess
what happened, and maybe that's how it should be regarding our Public Works
Director, but I think it flies in the face of transparency in my opinion.
I will say this though, going forward, this Charter amendment, as written,
probably not ready for prime time. I'll be the first to admit that. I've been
working with Mr. Henricks, our County Clerk, in trying to tweak it. I don't know
if we're ever going to get it to a position where it's really good. And I will say
this, if it's not real good, I would probably either have it deferred, at some point,
or withdraw because we're dealing with the County Charter. But at the same
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Hawaii County Council-43 June 15,2022
timeoh, and one more thing too. What we're looking at is perhaps just having
it—sorry to be so herky jerky on this, right, but there's so many things going
around in this mind of mine, right?
Nancy Crawford brought up something saying this is basically a biennial
performance review. Yeah maybe, but that's going a little bit too far. All it is, is
a structural change to county government and department heads. That's all it is.
For all intents and purposes, it allows for two-year terms. Instead of putting two-
year terms in each and every one of the sections regarding the respective
department heads, we're putting a catchall in another section. But what
Mr. Henricks and I were looking at is the motion would probably come up as a
motion to retain, and only in the event of a supermajority against that motion
would the department head not be retained.
What I'm worried about—and I've seen it in the past. I haven't seen it on this
Council, thank God. But you can get some whacky councils and they play power
politics and that's bad. So in order to avoid that kind of situation, we're thinking
about maybe doing it by a supermajority. So it's not just two-year terms. It's not
a performance review or anything like that. It's just, hey, this is the Council's
chance to weigh in on whether they made the right decision two years before.
We've heard from members of the public who happened to be members of the
Administration, but I've also heard, during the last two weeks, from rank-and-file
people. I didn't see any rank-and-file people coming over here and saying, "Hey,
that's a bad idea because we're under the Managing Director, the supervision."
No, no. What they're saying is this: "Hey, how come when they get hired"—and
I don't know because I've never been a civil service person, so you guys can fact-
check this thing. But this is what I'm told: When they come in, every single civil
service person, without exceptionI could be wrong—three-months' probation.
After that, another three months, from what I'm told. Every year,performance
review by whomever; I'm guessing the department head. How come we cannot
do that for our department heads? What's wrong with that? Why do we put these
rigorous types of reviews on our rank and file and not do it at the higher levels? I
just don't get it.
Remember, I made this comment one time during the first—two years ago.
Sometimes—and I've seen it before—we've got to take leaps of faith. The
system that we have makes us take these leaps of faith. I know some of the
members of the Council took exception when I said, "Hey look, I've made
mistakes before and it's not going to be the last time I make a mistake." Well,
maybe that might be the last time because I don't get to weigh in anymore. That's
the system that we have, and all I'm trying to do is see if there is a way of making
it better for the public, and that's all.
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Hawaii County Council-43 June 15,2022
Having said that, I'm going to go back to what I said earlier, that if this thing just
doesn't work out, we can deal with it at that point. But all I ask my colleagues
right now is if we can continue moving this forward. That's all. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo want to weigh in?
Okay, Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Mr. Chung, I don't know what it is, but over
the last couple of months, your speaking to the Council has just been hilarious,
and I really appreciate that. It's been fun. That's off the top of my head.
I'm going to be supporting this today. I like the idea. The more I heard from our
own Administration, some of them being in opposition to it, and listening to the
reasoning behind it, it felt like they were describing Council terms. I was thinking
that at the last meeting, it sounds like what we all go through as Council
Members; you don't have job security. You do your best, you do what you think
is right, and you hope you get re-elected. It's that simple. If this resembles that,
then I think it's good. Do your best.
And when you come up for this review or whatever it's going to be called by the
Council, if you've done as well as you can and you can say honestly, "Hey, I did
everything I could; I think it's right," and there's no power politics at play like
Mr. Chung stated, then I don't think there's anything to be worried about. It's the
same thing that we all face every two years. It's scary but it's the reality of the
situation. That's just what it is. So, I'll be supporting this today. I like it. Thank
you for bringing it forward. I appreciate it.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. I think—Council Member Chung, thank you
for bringing this forward. Thanks for providing the opportunity for discussion
around this. As you said, I don't think it's quite ready for prime time. I couldn't
support it in its current form, but I would like to see what further suggestions you
come up with. So I'm going to support it today,just mainly to keep it on the
timeline and to see what you and Jon and whomever else you collaborate with can
concoct over the next couple of Council meetings. Thank you. I yield, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else?
MR. RICHARDS: Chair?
CHR. DAVID: Go ahead, Mr. Richards.
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Hawaii County Council-43 June 15,2022
MR. RICHARDS: Thank you. First of all, I want to start by saying I'm very
leery of Charter amendments at any level when we introduce them like this. The
reason being is we have a Charter Commission that meets every ten years, and for
the heavy lift, they spend a full year looking at this stuff.
Okay, now put that aside. I think the value of bringing Charter amendments forth
off-cycle is very important, but walk very slowly as we get into it because I'm
always concerned about unintended consequences. Now, I do hear what
Mr. Chung is saying about this, and I also believe that he has more experience
sitting on Council than any of us. But again, I'm concerned about unintended
consequences. And "not ready for prime time,"that's a common thing that I have
said throughout my time here on Council; and I have to agree, I don't think it's
ready for prime time.
I am concerned about some of the things that were articulated today, and my
concern is attracting people to actually do the jobs. I understand what
Mr. Kaneali`i-Kleinfelder just said about it's like a re-election every two years. I
got that but these aren't elected positions. I firmly believe in the separation of the
branches of government: executive,judiciary, and legislative. So I'm listening to
what's being said, and I do understand wanting to have a review. Of course, with
the Sunshine (Law), we were all—everything is on the table.
That being said, almost anything we get introduced, if we're talking about an
ordinance it's one thing. It's a Charter amendment that I have to look very, very
carefully. So, to echo a little bit of what Ms. Kimball said, I am considering
seeing how this can evolve a little bit. So I'm on the fence as far as taking a step
forward, but that doesn't secure my support going forward. I just want to see
what might come of this going forward. With that, I'm listening very carefully to
my fellow Council Members and look forward to the discussion. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Thank you. Mr. Chung, thanks again for bringing it forward. I'm
looking forward to continued discussion on this. We had administrative directors
testify today that last minute. My mom also testified as a former R&D Director in
support of this measure, and I think it speaks to the ability for us as a County to
continue to do the best work. So I really appreciate the intention here and can't
wait for it to be prime time. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this side?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead. Is that Ms. Kierkiewicz?
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Hawaii County Council-43 June 15,2022
MS. KIERKIEWICZ: We both want to go but Sue had her light on first.
CHR. DAVID: Okay, go ahead.
MS. LEE LOY: Thank you, Chair David. I'm going to be supporting this, and
just listening to the rest of my colleagues and especially the maker of this Charter
amendment who has done this work, not only for the last eight years now, but
eight prior to that. So he has seen the ebb and flow. What really resonated with
me was his comment around the rank and file and the measures that the rank and
file have as far as job performance ratings and how they're measured over periods
of time, especially when they first step into the work with a probationary period,
and the extension of that probationary period for six months and then an annual
review.
One thing I did share at our last meeting related to this particular—or questioned,
had curiosity around, was something Mr. Chung mentioned when I first stepped
onto the Council about—especially the Director of Public Works and the
requirements of that particular position. If we were looking for a perfect match to
those job skills, there was only very limited fields that individual could come
from. It was either within the department or from HELCO (Hawai`i Electric
Light Company, Inc.) that actually met those requirements.
So I had questioned Mr. Yoshimoto at that time about the ability for people within
the department to take the Director position while still reserving their rights to go
back to their old job. Tome, that's also a disruptor because they continue to hold
onto those positions while stepping into the leadership role. Then when they're
done doing that work, for whatever reason, they move down and everybody else
moves down.
So to the maker, as you mentioned, it's not ready for prime time, but if you could
also explore some of those options to ensure that when these people step into
these cabinet positions, they're all in. They're absolutely all in and that they don't
have a lily pad to fall back on because it's the job and serving the community
rather than a bump in their retirement. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Is that Ms. Kierkiewicz? Go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I appreciate it. In Committee, I was, I
think, the only one that voted against this Charter amendment, and I had planned
to vote that way again today. But then I saw a lot of members of the
Administration testify as private citizens, and a member sitting here in Chamber,
and it put a real foul taste in my mouth. So I'm going to be voting "yes"today. I
do agree that it needs a bit more work; not saying that I'm going to be supporting
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Hawaii County Council-43 June 15,2022
this in the future, but you guys are—we're looking for a bit more transparency
and accountability. And by you testifying against this today,just makes me
believe that you are not for that. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo?
MR. CHUNG: Yeah, me again.
CHR. DAVID: Okay, go ahead, Mr. Chung.
MR. CHUNG: I thought that was kind of funny when Mr. Kaneali`i-Kleinfelder
said I've been a little bit more hilarious. I just consider it a little bit more
animated, and you know why? I think it's this mask. There's a sense of
anonymity with this mask. That's what I think anyway.
I think all of you understand where I'm coming from; not quite ready for prime
time. And if it gets to the final vote like this, then I'll be the first to admit it's not
ready. We've got to think about this thing and I'm all ears. Anybody who has
any ideas, please communicate it to me. All I ask is that it moves forward
because we are looking at—we're running on a timeline here. That's all. Thank
you very much.
CHR. DAVID: Thank you, Mr. Chung. Anyone else before I close this up and
take the vote? No? Okay. Well, another thank you coming your way,
Mr. Chung. You have a way with expressing things that, at least for me, that I'm
thinking about, but you do it in a way that's very creative in your own sense.
I like what you're saying. I like the intention of this. To me, it's like a check and
balance of government representatives. I know the separation of powers issue,
but I also believe in transparency. The reason I say that is because there was
always, in my mind, we kind of take for granted that while our terms are two
years, the people that we have to work very closely with, I mean very closely with
in representing our districts, are department heads that will be in for like four
years, the same length of time as the Mayor. So I don't see this as a power trip in
having oversight over Administration, but I see this as an opportunity that in two
years, in case there's some issues that affect our communities because we're
having some, not problems, but difficulty in negotiating with the Administration, I
think it's healthy for those kinds of issues to be at least discussed, not that we're
going to yeah. I don't know how it's going to work but I like the idea.
Yes, it's not ready for prime time but maybe within two weeks you guys can get it
all together. I support moving this forward, Mr. Chung, and thank you for
explaining it in a real normal, casual way where it's understandable for me and
everybody, I'd say, in plain language.
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Hawaii County Council-43 June 15,2022
MR. CHUNG: Maile?
CHR. DAVID: Yes.
MR. CHUNG: Sorry. Mr. Lord wants to speak.
CHR. DAVID: Okay. Alright, Mr. Lord, come to the table and I'm going to take
the vote right after this, okay? Thank you.
(Note: At this time, Managing Director Lee Lord, Office of the Mayor,
came forward to address the member of the Council.)
MR. LORD: Okay. I really thank you for all you do. And I thank you, Aaron,
for bringing this up. I think that any time we can question what's going on in
government, it can only lead to making it better and more understanding and more
transparent. Truly, my motivation to encourage you all not to vote for this was
more from a democracy standpoint, and it was mentioned before the three
branches of government. We are not looking to hide anything. I'm all open about
transparency, and so is Mr. Roth.
Unfortunately, when it comes to employees, which all of our directors are, they
are employees and they have rights under the State and under the County. We
can't talk about what happens when an employee separates from employment.
We can't talk about it if it was a resignation or if it was a firing. We can't talk
about that unfortunately.
What we have done is we've invited each of you to come to our office every
quarter and have a discussion with Mayor Roth and myself about any issues that
you have or issues that were going to be brought up here that you wanted to talk
about that you wanted to bounce off of us. It was also an opportunity for us to
bounce it off of you.
MR. INABA: Chair? Point of order.
CHR. DAVID: Sorry, Mr. Lord. What's your point of order, Mr. Inaba?
Point of Order: MR. INABA: I don't see how this is relevant. We have a bill before us and I
think we're ready. This is not regarding—our individual meetings are not related
to what's before us right now. So I'd like toI'm not sure if this is these
comments are coming on behalf of the Mayor's Office or in an individual capacity,
but I think we need to move forward. We have a long day still ahead of us. Thank
you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else wants to weigh in on the
point of order?
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Hawaii County Council-43 June 15,2022
MR. RICHARDS: Chair? Richards.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: As a courtesy to the Administration, we should hear out
Mr. Lord.
CHR. DAVID: Anyone else? Mr. Lord, could you just summarize? I think we
got the gist of it, but we need to move on. Thank you.
MR. LORD: Alright, thank you, Madam Chair. My point being that we are open
to hearing any issues that you have with any of our department heads or the
activities in the departments. That's your power. That's your ability to share with
us what you think is wrong and give us an opportunity to fix it. I understand you
have concerns at times. You have power here through the power of the purse.
You can choose what gets funded at the departments. But once again, when it
comes to democracy, for me, there is a division of power in that the Legislative
Branch makes the rules and is in charge of the purse strings.
I'll keep it brief and say, once again, I don't really think this is a good idea. I'm
afraid that at some point in time in campaigns, there might be applicants, I'm
sorry, people running for offices in the County Council and part of their campaign
could be whether or not they're going to support one of the department heads
when it comes time for the two-year thing.
CHR. DAVID: Okay, Mr. Lord, I think we're getting way off track here when
we're getting into elections and that sort of thing.
MR. LORD: Okay.
CHR. DAVID: I really want to keep this to the bill at hand, which is not to
monitor anybody from the department. I believe the intention is if there are issues
with the relationship between departments, this is a possible method of bringing it
out into the open so we can have a discussion. All the other stuff, I believe those
are all sidelines that I don't believe is right for discussing right now. So, I
appreciate your input, but I think we're ready to move forward.
MR. LORD: Okay, and I appreciate you for allowing me to say what I did say.
Thank you so much, and thank you for all you do.
CHR. DAVID: Okay, thank you very much. Mr. Clerk, do a roll call on this one.
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Hawaii County Council-43 June 15,2022
Vote on Bill 179: The motion to pass Bill 179 on first reading and adopt
(Approved) Governmental Operations, Relations, and Economic
Development Committee Report No. 25 was carried by the
following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
(Note: Mr. Richards voted "kanalua"then "aye.")
CHR. DAVID: Thank you everybody for input. Where are we? Can we just get
to the top, I mean where we left off on the agenda?
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 419-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII AT HILO
Authorizes the Mayor to enter into a three-year agreement to facilitate the Hawaii
Island Recovery and Resilience Action Learning Initiative.
Reference: Comm. 813
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-162
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 419-22 and
Finance Committee Report No. 162. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: There was Committee discussion regarding
this request. We didn't have anyone available from the department. We did have
Mr. Adams here momentarily but he is no longer present in the Chambers. If
anyone has questions for R&D, Doug was present. I'm okay with moving this
forward at this time. I yield.
CHR. DAVID: Okay, thank you. Anyone else on this?
MS. KIERKIEWICZ: Chair?
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. We actually have Deputy Director Bob Agres
here and if I could call him forward.
CHR. DAVID: Sure.
MS. KIERKIEWICZ: Thank you. We also have Vice Chancellor of Academic
Affairs, Doctor Farrah Marie Gomes, and so if you could just introduce
yourselves for the record. We are so curious to know more about this initiative
and collaboration.
(Note: At this time Research and Development Deputy Director Robert
Agres and the University of Hawaii at Hilo Vice Chancellor for Student
Affairs Farrah Marie Gomes came forward to address the members of the
Council.)
MR. AGRES: Chair David, Council Members, aloha kakou. I'm Bob Agres,
Deputy Director for Research and Development. I'm excited to have with me
MS. GOMES: Aloha, Farrah Marie Gomes, Vice Chancellor for Student Affairs
at the University of Hawaii at Hilo.
MR. AGRES: Great. What I wanted to do is just provide some quick background
and context and then turn it over to Farrah to share UH (University of Hawaii)
Hilo's perspective on this partnership.
The resolution would authorize the Office of the Mayor to enter into an agreement
with the University of Hawaii at Hilo. This Memorandum of Agreement would
identify the roles and responsibilities of the County of Hawaii and UH Hilo
relative to the implementation design of this Hawaii Island Recovery and
Resilience Action Learning Initiative.
The intent of this initiative is to enhance the educational experiences engagement
of UH Hilo students and faculty in action learning activities to advance recovery
and resilience on the island of Hawaii. What this consists of is quarterly or more
frequent events such as forums, workshops, presentations, talk-story sessions, and
then intercession learning activities that allow UH faculty and students to be
emersed in and engaged with community and County collaborative actions around
recovery and resilience.
While it's a series of learning events and activities, it's not just that. It's actually
a deliberate and intentional action learning process that's based on the PEWA
framework. And this is a process developed by the University of Hawai`i's
Office of Indigenous Innovation that was used and demonstrated during Hawaii
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Hawaii County Council-43 June 15,2022
Island Huaka`i that was sponsored by the COVID Funders Hui and hosted by
Hawaii County. It involves staff who are working on resilience, from Maui
County, Kauai County, City and County of Honolulu, and Hawaii Green
Growth.
This partnership with UH Hilo, its intended outcome is to generate partnership
and collaborative opportunities for UH faculty and students to take action with
Hawaii County commute partners around recovery and resilience. Then more
importantly, hopefully strengthen a pipeline that inspires students from UH Hilo,
especially those from Hawaii Island, to actually go from their academic
experience into meaningful work and jobs around resilience in the community and
hopefully in county government.
The AmeriCorps VISTA (Volunteers in Service to America) cohort that the
County has will play a key role in implementing this initiative. They will be
connecting their work around shared mobility, energy efficiency, sustainability
and climate action, food access, economic recovery, disaster recovery and
resilience, early childhood care and education, and housing affordability with this
initiative. We are in the last year, the fourth year of our AmeriCorps VISTA
project that has hosted seven VISTA members for each of those four years in our
East and West Hawaii office. Once this project is done, we look to expand and
have an improved program that really addresses some of the needs of our
communities and County while providing opportunities for young people to be
engaged in the County's resilience work. We're hoping that this initiative will
actually help form the design of that program as we move forward. Let me turn it
over to Farrah.
MS. GOMES: Thank you. Thank you, Chair David and Council Members, for
this opportunity to share a little bit about this concept. We'd like to thank
Research and Development for reaching out and inviting the University of
Hawaii at Hilo into this space. I wanted to just share some statistics to begin
with. The University of Hawai`i at Hilo, last fall, our total student enrollment was
3,243, of which 70 percent were resident students, so somewhere in the State of
Hawaii, but more shockingly, 50 percent of those students, right here from
Hawaii Island. So when we think about the students who we are serving through
the University of Hawaii at Hilo, they are students that are based on this island,
and we have geographic breakdowns by zip code. Of course, now that online
learning has been broadened, it has increased access to higher education
opportunities, especially for those students in rural areas across the island.
The average age of our students is 24.3 years old, and we look at this opportunity
as a way to better engage our students, give them opportunities while they are
finishing their academic career with us to experience real life, and to have real life
experiences in the areas that they have spent several years learning about. At
UH Hilo, we focus on the student's journey being our focus, but we can only do
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Hawaii County Council-43 June 15,2022
so much, right? This MOA (Memorandum of Agreement) allows us the
opportunity to partner with the County that can provide some of these real life,
out-of-the-classroom experiences, and this will help with some of the brain-drain.
So when we talk about the economic drivers in our society right now, and when
we hear students talk about the reality for them, it's very disheartening to hear
young adults say, "I knew I had to go away for college because there was nothing
for me here." These are youths from families with generations on this island. So
this really is an opportunity for two of the largest employers on Hawaii Island to
partner together to look at how can we—and I heard this a lot earlier—"How do
we do a little bit better than what we're doing right now?"
I will share that back in 2009, I was part of the Hamakua Community
Development Plan liaison team and then I became you heard from me as a
member of the steering committee. In the liaison phase, I went out and collected
data for the County, Research and Development, and we asked two basic
questions of our residents: What do you love about Hamakua, and what would
you like to see in the next 20 years? We started that plan when my son was three
years old. He's 16 now. He's looking at what's next for his future. I look at the
CDP (Community Development Plan) and I say, "We did some great work there.
Where is the action?" So we're in the action plan phase right now.
I see lots of opportunities for us to actually engage our young residents whose
futures, not only we are shaping, but we need to invite them into those phases
because some of the ideas they have are much more innovative and creative than
we can ever be. We try hard, but the reality is that there is different talent from
our younger adults. If we truly are looking to be better—well, we need to do
better—is to involve and engage our younger adults. So I look at this as a real
opportunity for both the University of Hawaii at Hilo and for the County of
Hawaii to bring that together.
I will offer one last piece of commentary here because I hear this a lot as a
government employee. Government works in silos. Part of the reason for that
personal opinion is it's easy when you have a certain kuleana and to carry it out,
but where we need to be better is in collaborations, and collaborations are hard
because you have to trust the other parry. You have to be able to bring other
people in. You may not know their full agenda. But that is the beauty of this type
of work because we get to be fully inclusive, and we get to involve the various
and diverse perspectives that are among us.
So I hope that you can all embrace the resolution today. It is—with no exchange
of funding at this point, right—it is basically almost like an application to plan,
but it does open the door for many more great things to come. And again, thank
you to the Department of Research and Development for the invitation to join the
effort.
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Hawaii County Council-43 June 15,2022
MS. KIERKIEWICZ: Thank you both so much for being here. I know you were
here since 9 a.m., so thanks for your patience. I just have a couple of questions
and we still have a lot on the agenda, so just quick-type responses if possible.
CHR. DAVID: Ms. Kierkiewicz, I'm sorry; right before your question, I just
wanted to make a note that Director Adams is in our Chambers in Kona.
MS. KIERKIEWICZ: Perfect. Thank you, Chair. No exchange of funding, how
are the forums, workshops, the learn-by-doing experiences going to be funded? Is
this coming out of R&D's budget? Is there money within UH to support and
facilitate those activities?
MR. AGRES: First of all, we're using the VISTA members to help with the
coordination and implementation of this. UH Hilo is providing all the facilities
and the like, where the forums will be held, and they will be making connections
with community partners. As an example, the work that you're doing with
Revitalize Puna and all these kinds of things, it will be in those kinds of situations
but around the island where there will be opportunities for immersion and
engagement of faculty and students, but with support from county partners as well
as the VISTA players.
MS. KIERKIEWICZ: Thank you.
MS. GOMES: I would add one more quick thing. Once marketing collateral is
available, we will both share them and disseminate through our various means of
communication. So that would be another shared area.
MS. KIERKIEWICZ: If you could go a little bit deeper. So one of the things you
say here is food access. We have a lot of food plans: food access plan,
emergency food plan, certified kitchen plana lot of food plans. Then I was a
little bit cautious because you said the work here is going to lead to another plan.
I would just like to know, through this partnership, what do you mean by, "We're
going to be able to address food access a little bit better"? What is this immersive
experience that you are creating?
MR. AGRES: So in the area of food access, there's emergency food plan that is
already in place. There is a food action plan that's being developed. There's the
Build Back Better initiative. So there's already a range of actions already in
place. So what this initiative would do is actually lift up some of these kinds of
things, raise faculty and student awareness, begin to make connections with the
folks already doing work on the ground. And then that's how connections are
made and how they get involved in on-the-ground work to actually do.
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Hawaii County Council-43 June 15,2022
MS. KIERKIEWICZ: Got it. That provides more clarity. Thank you. This is a
three-year agreement. On the record, can you say that you would come forward
on an annual basis to let us know how things are happening?
MS. GOMES: Absolutely.
MS. KIERKIEWICZ: Okay,perfect. I'll be supporting this 100 percent. I really
appreciate the opportunity to give `opio a place to have a seat at the table, connect
with county government and hopefully be in a position to influence policy in
some of the investments that we make in our County. Mahalo nui, Chair, for the
latitude. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else from Hilo?
MR. RICHARDS: Yeah, Chair.
CHR. DAVID: Go ahead, Mr. Richards, then I'm going to go to Ms. Kimball.
MR. RICHARDS: Thank you. First of all, terrific. Farrah, great to see you. I
love the fact that we're doing collaborations. I love the fact that you're thinking
outside the silo because that has been one of my biggest complaints; everybody
gets stuck in their own silo. We probably waste a lot of money because we're not
collaborating. One of the things that I think, Farrah, you and I have discussed is
not just collaboration here but on a grander scale because I think we can save a lot
of money. This goes in line with some of the thoughts that we're thinking up here
on the dais, about getting amplification of the effect of those dollars we commit
towards whatever program because we are collaborating.
So I appreciate this. I fully support it. I look forward to how this is going to
continue to evolve because, to your point, got to go to the Mainland to get an
education. Let's change that. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kimball.
MS. KIMBALL: Thank you. And I just want to again mahalo Deputy Director
and Vice Chancellor for being here today, and really shedding some light on what
a great program this is. I wasn't as excited about it when it first came through but
now I'm really stoked. This is really—as the parent of a recent graduate from
high school, I kind of get, you know, for our kids these days, they look out and
are like, "What are we going to do?" They don't have that vision, right. And
vision is such an important piece of motivation. And so I love that you're
creating, through this collaboration, a vision of what could potentially be, where
their future could potentially be. I just want to mahalo you for that. And I
appreciate you again being here today and really highlighting the value of this
program. Thank you, Chair. I yield.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Ms. Kimball. Anyone else in Hilo or on this side?
Seeing none, alright, all those in favor of approving Resolution 419-22, please say
aye.
Vote on Res. 419-22: The motion to adopt Res. 419-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to Suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
Res. 432-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT FOR THE DEPARTMENT OF
PARKS AND RECREATION TO MAKE IMPROVEMENTS AT EXISTING
FACILITIES AND FOR THE DEVELOPMENT OF NEW PARK FACILITIES
IN COUNCIL DISTRICT 9
Transfers $5,384.03 from the Clerk-Council Services —Contingency Relief
account(Council District 9); and credits to the Department of Parks and
Recreation, Transfer to Capital Projects Fund-General account.
Reference: Comm. 831
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 432-22. Seconded by
Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you. This is winding up my CRF funding. I don't
think any of us would disagree that as much money as we could find for Parks and
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Hawaii County Council-43 June 15,2022
Rec. (Recreation) for maintenance and repair, we could commit that way. This is
just again putting it into there. And I could use a lot more on this. But I ask for
my colleagues' support.
CHR. DAVID: Thank you, Mr. Richards. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'll be supporting this; I did something very
similar. But I think Mr. Richards may have won the "Last CRF of the Year"
award unless there's another one forthcoming for the next meeting. Thank you,
Mr. Richards. I'll be supporting this.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Resolution 432-22, please say "aye."
Vote on Res. 432-22: The motion to adopt Res. 432-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
Res. 434-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE CHEVY
CARGO TRUCK AND VARIOUS BOMB SQUAD EQUIPMENT TO THE
COUNTY OF HAWAII POLICE DEPARTMENT
The donation from the State of Hawaii, with an estimated value of$429,287.37,
would be used by the Hawaii Interisland Bomb Squad.
Reference: Comm. 834
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 434-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This is a fairly sizable
donation from the State of Hawaii to the County of Hawaii for numerous
equipment. It was waived to Council. I don't know if we still have Chief Ferreira
in chambers. I would doubt we do. Council Members, is there anyone in
chambers in Hilo to represent the Police Department?
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Hawaii County Council-43 June 15,2022
MS. KIERKIEWICZ: Council Member, no. No one from Police is here in
chambers.
MR. KANEALI`I-KLEINFELDER: Okay. Well, I don't have any questions
about this. This is an amazing donation for our County. I'll be supporting this
today. Mahalo.
CHR. DAVID: Thank you. Anyone else? Alright, seeing none. It's a donation
and thank you for the donation to the County. All those in favor of approving
Resolution 434-22, please say "aye."
Vote on Res. 434-22: The motion to adopt Res. 434-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Richards —2.
Excused: None.
Res. 435-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII, HAWAII TOURISM
AUTHORITY, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH
AND DEVELOPMENT DEPARTMENT
Allows for the receipt of$175,000 to implement the Resilience Corps and
Community Tourism Collaborative programs.
Reference: Comm. 835
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 435-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is another donation to the County to
better our tourism plan. And I will be supporting this today. This was waived to
Council.
CHR. DAVID: Thank you. Director, would you like to say anything on this
resolution? It was waived to expedite it. And thank you for being here and your
patience.
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Hawaii County Council-43 June 15,2022
(Note: At this time, Director Douglass Adams came forward to address
the members of the Council.)
MR. ADAMS: Thank you, Chair. Actually, I believe Frecia(Cevallos), last time,
or in Committee actually, gave a rather lengthy and detailed explanation of this.
We actually applied for these grants and were awarded them competitively. So
we're very appreciative about it and appreciate the Council moving this forward.
CHR. DAVID: Thank you very much. Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, Chair, if I may. I think what Director Adams is referring
to is when we had the budget hearings, they did have the proposed budget
amendment that added the placeholder for this. So this is just that.
MR. ADAMS: Appreciate the correction.
MS. KIMBALL: Thank you. So we talked about it at great length before with
Frecia. Excited that we get these funds from HTA (Hawai`i Tourism Authority).
Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. And thank you, Director. Anyone
else? Seeing none, all those in favor of approving Resolution 435-22, please say
Ic aye.
Vote on Res. 435-22: The motion to adopt Res. 435-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Res. 436-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a four-year, eleven month lease with Puna
Plantation of Hawaii, Limited, for 3,163 square feet of office space within Hanama
Place in Kailua-Kona.
Reference: Comm. 836
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-43 June 15,2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 436-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mr. Ventura is here in Council if there are
questions from the Council Members. It's fairly straightforward. Mr. Ventura, if
you could just give us a quick summary of what we're looking at. This was
waived to Council to expedite the funding. And this looks like it begins possibly
July 1st of this year.
(Note: At this time, Property Manager Hamana Ventura, Finance
Department, came forward to address the members of the Council.)
MR. VENTURA: Hamana Ventura, Property Manager, to introduce a lease
agreement for Hanama Place. If you're in West Hawaii, they mistake my name
all the time for this area.
MR. KANEALI`I-KLEINFELDER: Okay. Is there a price that's been set?
MR. VENTURA: Pardon me?
MR. KANEALI`I-KLEINFELDER: Is there a price that's been set as an
agreement?
MR. VENTURA: Yes. So we're looking at Base Rent- $4,744, CAM (Common
Area Maintenance) - $3,163, GET (General Excise Tax) so, 8,238 a month,
annually 98,856. So within budget we budgeted for.
MR. KANEALI`I-KLEINFELDER: Okay. I have no further questions. Thank
you. Thank you, Chair.
MR. VENTURA: Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. And thank you for being
here and your patience, Mr. Ventura. Any discussion from Hilo on this one?
Seeing none, all those in favor of approving Resolution 436-22, please say "aye."
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Hawaii County Council-43 June 15,2022
Vote on Res. 436-22: The motion to adopt Res. 436-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to Suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 437-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FLOWFLEX
COVID-19 ANTIGEN HOME TESTS KITS FROM THE STATE OF HAWAII
DEPARTMENT OF HEALTH TO THE HAWAII COUNTY CIVIL DEFENSE
AGENCY
The donation of 8,000 test kits, with a total value of approximately $79,920,
would be used to provide COVID testing options to low-income households, rural
communities, and County of Hawaii employees who frequently interact with the
public.
Reference: Comm. 837
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 437-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: No discussion, Chair. I yield.
CHR. DAVID: Thank you. Well, I really appreciate Mr. Magno was here all day
and he had to leave. Any other discussion on this one? Seeing none, all those in
favor of approving Resolution 437-22, please say "aye."
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Hawaii County Council-43 June 15,2022
Vote on Res. 437-22: The motion to adopt Res. 437-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to Suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 438-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
FOR ESRI SOFTWARE FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY
Authorizes the Mayor to enter into a three-year agreement, with an annual cost of
$165,000, to allow continued support of the County's Geographic Information
System.
Reference: Comm. 838
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 438-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I like this system a lot. It's been very, very
useful and offers a lot of opportunity to our Council. I'll be supporting this
resolution today. Thank you.
CHR. DAVID: Alright. Anyone else? Hilo? Mr. Inaba.
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Hawaii County Council-43 June 15,2022
MR. INABA: Yeah,just for the record, this system is used—is it used to help
with emergency services or just our Planning Department? Anyone available to
answer that question?
(Note: At this time, Information Technology Director Scott Uehara came
forward to address the members of the Council.)
MR. UEHARA: Yes. In Hilo Chambers.
MR. INABA: Director Uehara, thank you for being here. Go ahead.
MR. UEHARA: Scott Uehara, Director of Information Technology. So to
answer your question, in terms of what the GIS (Geographic Information System)
or what this ESRI contract supports is for our GIS System. And that does support
our emergency services and all our other GIS functions that's used within the
County.
MR. INABA: Okay. And then in addition to this resolution and what's contained
within this resolution, what other GIS software or licenses do we currently have?
MR. UEHARA: This is for our GIS pro support on our infrastructure for the GIS
system. So the departments that use it primarily: Planning Department, Public
Works, Research and Development, Liquor Control, DEM (Department of
Environmental Management), Finance, Police Department, Fire Department—
MR.
epartmentMR. INABA: Okay, so everyone is umbrellaed under this one.
MR. UEHARA: Yes.
MR. INABA: Okay, very good. That's what I wanted to know. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Resolution 438-22, please say "aye."
Vote on Res. 438-22: The motion to adopt Res. 438-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David–8.
Noes: None.
Absent: Council Member Kimball – 1.
Excused: None.
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Hawaii County Council-43 June 15,2022
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to Suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 439-22: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAII, THE COUNTY OF KAUAI,
THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU,
REGARDING THE DISTRIBUTION OF ANTICIPATED SETTLEMENT
PROCEEDS FROM THE OPIOID LITIGATION
Authorizes the execution of an intergovernmental agreement to maximize receipt
of funds resulting from the settlement of the nationwide opioid lawsuit.
Reference: Comm. 839
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 439-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This item was waived to Council as well.
And I just wanted to go back a minute; I'm trying to think back on why and who
got us entered into this opioid litigation. I believe it was Ms. Villegas. Is that
correct?
MS. VILLEGAS: It was brought to us. May I answer, Chair?
CHR. DAVID: Go ahead, Ms. Villegas. You may answer.
MS. VILLEGAS: It was brought to our attention by Corp. (Corporation)
Counsel. Then we as a Council voted to participate. And now it seems there is
some financial resources becoming available. Judge Strance, did you want to
share?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
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Hawaii County Council-43 June 15,2022
MS. STRANCE: Good afternoon. Elizabeth Strance, Corporation Counsel. The
County, the State, and a number of jurisdictions all across the country have been
involved in opioid litigation. There are two nationwide settlements that are in the
process of approval. And the way that the the nationwide settlement, the funds
that will be set aside will be about$26 billion to be paid over a period of 18 years.
The State of Hawaii is to get, depending on if the settlements are approved, will
get around $63 million over a period of 18 years. Those are just estimates
because the settlements haven't been approved.
There are formulas set up for the settlements. And the way that they're set up is
that there are incentives for the County and State governments to come to mutual
agreements for distribution of funds. So the general structure of the settlement is
not one that the County has much control over because it's part of the nationwide
settlement. But there are some incentives at the state level if there's a cooperation
agreement. So what this resolution does is authorize us to negotiate the terms of
that cooperation agreement, which we have been doing over the last several
months and are fairly close to reaching an agreement as to what that would look
like.
So this resolution would authorize us to complete those negotiations and to go
ahead and execute the settlement agreement. So we're just asking for Council
approval to go ahead and proceed with those. The County and the State have
already agreed to participate so this would be just kind of the next level to
facilitate distribution. The settlement agreements that have been negotiated at the
nationwide level are fairly particularized at how monies can be used. And so one
of the advantages of having the statewide agreement is to have a collaborative
oversight in the County for the funds.
So we're reasonably optimistic that we will reach an agreement. We are
reasonably optimistic that the settlement agreements will be approved. It's not
clear to me quite yet whether enough jurisdictions have signed on to the
settlement to take it to the next step at the bankruptcy court level. But there are
websites that are available to the public to log onto to look at what the structure of
the nationwide settlement looks like and how monies can be spent. But we are
looking forward to at least that income stream over a period of 18 years that
would provide additional revenue to the County to abate the problems caused by
opioid addiction.
MR. KANEALI`I-KLEINFELDER: Thank you. Thank you very much,
Judge Strance. You touched on everything I wanted to know. And it kind of
gives me direction, too, on what to look forward to from this intergovernmental
agreement, and what kind of funding we're looking at and what it's programmed
for. So I really appreciate that answer. Thank you. I yield, Chair.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo?
Okay, seeing none, all those in favor of approving Resolution 439-22, please say
Ic aye.
Vote on Res. 439-22: The motion to adopt Res. 439-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Can we now move to Bill 180, please?
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order.
Bill 180: INITIATES AN AMENDMENT TO ARTICLE VIII OF THE HAWAII
COUNTY CHARTER (2020 EDITION), RELATING TO THE WATER
BOARD AND THE DEPARTMENT OF WATER SUPPLY
Adds a representative from the Department of Hawaiian Homelands to serve as
an ex-officio member of the Water Board, requires the Manager-Chief Engineer
to submit an annual report to the County Council, and establishes protection for
Native Hawaiian water rights and Native Hawaiian law training for members of
the Water Board and certain personnel of the Department of Water Supply.
Reference: Comm. 819
Intr. by: Mr. Kaneali`i-Kleinfelder
Negative: RAWEEMC-15 (Due to a vote of 2-ayes,
6-noes, 1-absent)
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
(Note: The following were circulated:
Comm. 819.2, from Manager-Chief Engineer Keith Okamoto, Department of
Water Supply, dated June 15, 2022, transmitting testimony in opposition to
Bill 180;
Comms. 819.3 and 819.4, from Council Member Matt Kaneali`i-Kleinfelder dated
June 15, 2022, transmitting proposed amendments to Bill 180; and
Comm. 819.5, from Council Member Matt Kaneali`i-Kleinfelder dated June 15,
2022, transmitting information relating to Bill 180.)
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Hawaii County Council-43 June 15,2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 180 on first
reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. I want to take a minute to
mahalo all of our testifiers today who came in, in support of this bill. There were
a number of amazing community representatives: DHHL (Department of
Hawaiian Home Lands)
CHR. DAVID: I'm sorry. We need to take a break. Technical difficulties.
MR. KANEALI`I-KLEINFELDER: Okay.
CHR. DAVID: I'm sorry. We're being requested to take a recess, really short.
How long? Charlie? I'll do a five-minute recess for technical work. Thank you.
Recess: At 3:03 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:09 p.m.
CHR. DAVID: Aloha, everyone. I'm taking this meeting out of recess. Go
ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. As I was saying you know
what, I'll just get to the point. We had our first reading; there was mixed results
from the Council, from the community. I reached out; I talked to the community,
the State, beneficiaries. I was opened up to different perspectives. Reality is,
here in Hawaii, our Hawaiian homesteads face reality that there is either no
water, not enough water, or no affordable water—and for various reasons.
Maku`u in Puna, Kailapa, and Ka`u are shining examples of why Bill 180 is so
important. What has become very apparent to me is what is needed. And the
reason this bill was brought forward is more transparency and more
communication between our respective departments. Stepping back a little, we
had positive testimony on behalf of DHHL, or Department of Hawaiian Home
Lands. We have positive testimony from our homestead and beneficiary
associations. We had positive testimony from Hawaiian homestead residents
today. And that speaks to the overall feeling in the community that there needs to
be more done to provide water to our Hawaiian homestead residents and our
beneficiaries. Again, that's the purpose of this bill.
So with all that in mind, I really just want to take the time to just remind everyone
that there's such a unique loss regarding what was done to promote and protect
the health of Native Hawaiians. From constitutional law to statehood, it has been
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Hawaii County Council-43 June 15,2022
repeatedly brought up and attempted, and it was mentioned today by Ms. Inaba,
this policy of`aina ho`opulapula, or the restoration of Native Hawaiians through
the land by Prince Kuhio Kalaniana`ole. And that led to the enactment of the
Hawaiian Homes Commission Act and then later on to the creation of the
Department of Hawaiian Home Lands. But all for the betterment of Native
Hawaiians, whether it's getting land,protection of resources, access to cultural
traditional gathering rights.
And the reason I have come to understand this is because I'm taking these Native
Hawaiian law trainings put on and funded by the State and through OHA (Office
of Hawaiian Affairs), and it has opened my mind to things that I didn't know.
That's another piece of Bill 180, this Charter amendment, is the requirement of
Native Hawaiian law training for our board members, for administrative staff.
And that was positively accepted by the department as well.
So it just becomes more and more apparent to me as we look at Hawaii Island,
116,000 acres held by DHHL for beneficiaries; 58 percent of our DHHL
applicants seeking pastoral or agriculture awards. This is directly off of the
website from DHHL. Eighty-one percent of these folks want to work the land in a
way that supplements income agriculturally or provides food for community.
What's holding them back in a lot of cases is water. So we sit here and we talk
about promoting affordable housing, promoting agriculture, sustainable resiliency,
and we see all these beautiful key words. If we can't even do it at the Hawaiian
Homes level and provide the resources needed—and again, for a multitude of
reasons then we have an issue. If there wasn't an issue, I wouldn't be here in
front of you today asking for your support on Bill 180. That's about as simple as
I can put it.
It was stated to me, through a friend, "Hawaiian Homes has the potential to be the
best source of affordable housing there ever was because it truly helps the
residents of Hawai`i." That was an amazing statement that was made to me, and I
wanted to bring that forward to this body.
From where we sit now and the communications that was given by the
community and from the Council Members, I do have an amendment that I
brought forward and I'm very clearI actually have two amendments. I don't
want to confuse the subject, but I do want to offer that there are options on the
table being provided as we look at the different reasonings behind whether or not
it's acceptable to say DHHL should be present or that the County can control the
State body in that manner.
I would offer that there are many different boards and commissions with a State
representative on them. It's not precedence setting, but there isI have had a
back-and-forth with Ms. Strance from Corporation Counsel on this matter. And
so I brought the amendments forward. Before bringing these amendments to the
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Hawaii County Council-43 June 15,2022
table, I would like to hear from my Council Members. Given today's testimony,
and if there isn't any further movement—and then my time is up just to hear
what's on the table at this time. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any discussion, Council
Members?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. I have the privilege and honor of living on
homestead properties so I'm actuallyI really do appreciate Mr. Kaneali`i-
Kleinfelder bringing this bill forward. However, he couched so much of this in a
very simplistic way and it's a lot more complex than as he described. And so in
an effort to try and find solutions, what I heard him say was this bill was brought
forward to provide more water to the homestead communities. That is the
responsibility of the Department of Hawaiian Home Lands, to provide that
infrastructure. So I'm still challenged with the connection of how a seat at the
table translates into water for them.
As discussed at our last meeting, the Department of Hawaiian Home Lands has a
master development plan, which Andrew Choy from the department spoke about.
And through that plan, they reserve water for their development at the
commission on water resource level. So the idea that water is in the way of them
accessing their lands is misleading. We have beneficiaries who are willing to just
get on the land without any infrastructure. But the department is the one saying,
"No, that's not feasible. It might not be healthy. There's safety issues."
The other kind of over-simplification of this is the lands. The lands have been
provided to us through the act, and they are currently held in trust by the State
Department of Hawaiian Home Lands. Until such time, the beneficiaries can
establish their own governance and hold the lands entitled to themselves. And the
more we try and strap them up with bureaucratic red tape or ties to the State
and/or the County, we delay their self-governance.
I understand you also have a couple of amendments, which I think kind of head in
the right way. But I'm still largely concerned with its relationship to the federal
government and the ability for our beneficiaries to realize what was described as
rehabilitation through the use of the lands, which for some may not be housing. I
also have attended those law-training classes. I have also attended those law-
training classes, and I've attended them in various spaces, and Mr. Kaneali`i-
Kleinfelder is absolutely correct. But they are just the tip of the iceberg of so
many issues that we are facing. And for me, I would love to see this implemented
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Hawaii County Council-43 June 15,2022
at the State level, which would then provide guidance for the entire department
and all of its landholdings, not only on this island, but all of their holdings across
the state.
I'm open to hear any more input and maybe even provide other pathways where
we can truly assist the beneficiaries of the homestead to realize use of the lands.
But to couch this in a way that this provides more water is misleading because
water is not the barrier for them; it's the department and their plans. I'm all ears
to hear from the rest of my colleagues. But for right now, the bill we have in front
of us—and I listened very carefully today. The current bill was neatly stated by,
"Thanks for a seat at the table, but we have tape over our mouth." There's other
ways forward and I look forward to discussing them. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else on the Hilo side before I
go to Kona? Seeing none, anyone else on this side? Mr. Kaneali`i-Kleinfelder,
you can go.
MR. KANEALI`I-KLEINFELDER: Just a quick response. Last meeting, a
statement was made by Ms. Lee Loy—and I need to correct it—in that this bill
was made without discussion with the beneficiaries. That was an absolutely
incorrect statement that was un-based. Furthermore, the comments provided
today were again inaccurate. The fact of the matter is that this bill, this Charter
amendment, seeks to include a representative on the Water Board in its current
form, that is a representative of the Department of Hawaiian Home Lands.
Currently, there is no representation of beneficiaries on that Water Board. And
although it was stated by the Department of Water Supply that maybe there are
members who are Native Hawaiian, there is a large difference, a glaring
difference, between someone who is Native Hawaiian and someone who is a
beneficiary for Hawaiian homesteads.
So I just wanted to put that on the record as far as the clarification. I do
appreciate the comments that were provided today by Ms. Lee Loy. With that, I
would like to bring to the attention of the Council, the amendments that I and my
staff worked on over the weekend. I would like to make a motion to amend
Bill 180 with the contents of Communication 819.3.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 180 with
the contents of Comm. 819.3. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. The two amendments that
you have in front of you are very similar.
CHR. DAVID: We're discussing 819.3, right?
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Hawaii County Council-43 June 15,2022
MR. KANEALI`I-KLEINFELDER: (Comm.) 819.3 would include a
representative of a beneficiary association on a Homestead and Beneficiary
Associations List, which is compiled by the United States Department of Interior
through the Office of Native Hawaiian Relations. This would serve as an
ex-officio member, as was discussed in the last meeting and was the original
intention of the bill. The purpose of this is to and is in relation to some of the
discussions I had with folks like Uncle Pat(Patrick Kahawaiola`a) and some of
the testifiers today, and as well as DHHL, in that—okay, if we're not comfortable
with giving DHHL requirements from a County seat then we can do so and have
representation for beneficiaries at the table by having this as an option. This gives
someone from our community—and there is a list of the Homestead and
Beneficiary Associations online. It is not up to date currently. I did double check
that.
I have also included another communication just for the folks here, information
on what a Homestead and Beneficiary Association is and where to find more
information, again provided by the Department of the Interior. This would be a
community member, non-voting. And I do completely understand what Uncle Pat
said when he said, "Make sure there's a seat at the table, but there's still tape on
their mouth." I hear that completely. My wife is a kanaka and she's on the
beneficiary list. And I've heard this many times as I've grown in my position
here on the Council and that is why, again, why we are here. I would like to hear
some of my Council Members' comments on this amendment. I yield for now,
Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Comments, Council
Members, on the amendment? Mr. Inaba, go ahead.
MR. INABA: Thank you, Chair. I voted in favor of this measure at Committee.
And in looking at this amendment, I do prefer the bill unamended just because by
amending it with the contents of this communication, I'm a little confused. How
do we decide which association gets a seat versus a department that is going to be
around for awhile just having that one person be the representative? So I would
prefer the bill without this amendment. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on the amendment? Seeing
none, Mr. Clerk, on the amendment, roll call please.
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Hawaii County Council-43 June 15,2022
Vote on Motion to The motion to amend Bill 180 with the contents of
Amend: Comm. 819.3 failed by the following roll call vote:
Failed
Ayes: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Noes: Council Members Chung, Inaba,
Kierkiewicz, Kimball, Lee Loy, Richards,
and Chair David—7.
Absent: None.
Excused: None.
(Note: Mr. Kaneali`i-Kleinfelder voted "kanalua"then "aye.")
CHR. DAVID: Thank you. Back to the main motion.
MR. KANEALI`I-KLEINFELDER: I'm open to the conversation. I was
interested to see how this went.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 180 with
the contents of Comm. 819.4. Seconded by Ms. Villegas.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Again, very, very similar
language. The difference on this one would be that we would require of the nine
appointees to the Water Board, that at least one of them be a voting member of
the Water Board and must be a representative of a beneficiary association on the
Homestead and Beneficiary Associations List. This would be a very unique
change in that our beneficiary on the list would be a voting member of the board
by requirement.
And after looking over the list of who is a Homestead and Beneficiary
Association, again compiled by the Department of the Interior, there is one in
almost every single district on this island, which would allow us to fulfill this
position and this Charter amendment if passed and remove the tape from the
beneficiary's mouth and allow them to have a vote on the Water Board. Open to
everyone's discussion. Interested to hear thoughts. Mahalo.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Council Members,
discussion on the amendment? No discussion in Hilo and I don't see any lights
on, on this side. Mr. Inaba.
MR. INABA: I'm going to stick with my comments from the previous
communication. I won't be supporting this amendment.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you. Anyone else on this side? Ms. Villegas, go ahead.
MS. VILLEGAS: First off I want to thank Mr. Kaneali`i-Kleinfelder for his
ingenuity in coming up with different options and different ways of putting this
together. I particularly appreciate the initiative it took to find a way to remove the
tape. And I think it's tragic that we still in America have circumstances within
our government and within the ways that natural resources or management that
our native peoples from this land still consider their mouths taped. So I
appreciate the creativity here and am willing to stand behind it as an option and
with the hopes that we are moving in the direction to ensuring that the people of
this place are always provided a seat at the table and there is no tape involved
red tape, duct tape, any kind of tape but people are allowed to speak freely and
with a full consideration and balance of their opinions being taken into account.
So with that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else on the amendment?
Seeing none, Mr. Clerk, roll call please.
Vote on Motion to The motion to amend Bill 180 with the contents of
Amend: Comm. 819.4 failed by the following roll call vote:
Failed
Ayes: Council Members Kaneali`i-Kleinfelder,
Lee Loy, and Villegas –3.
Noes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Richards, and Chair David–6.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. Back to the main motion. Mr. Kaneali`i-Kleinfelder,
go ahead.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. Again, Council Members, I
appreciate the conversation today. There is a lot brought forward by the
community, and to the discussion we had at the Council. I mean, glaring in my
eyes, I cannot avoid this. We need to provide more communication and
transparency amongst the different agencies. That's clear, okay. But when it
comes down to who's speaking on behalf of the beneficiaries, there's a question
mark. There is extensive beneficiary consultation done by DHHL before they
move forward on projects. There is this collaboration between DWS
Department of Water Supply—and Department of Hawaiian Home Lands to
provide water from our Hawaiian homesteads. The support of this measure by
DHHL speaks to them being willing to be here. That speaks volumes to me;
they're willing to be at the table.
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Then again, going back to numerous circumstances right here in Hawaii where
we do not have water for our Hawaiian Homes, they cannot grow food. They
cannot irrigate their crops. They cannot be subsistent. And yet, this is a
prioritization amongst our law set. I just find it impressive that, till today, we
haven't figured this out. With that, I really hope to move this forward. And it's
not so much for me; it's for our long-term goals here on Hawaii Island.
Our Water Board is an extremely powerful tool in shaping how we move on this
island, our future development. Water is life. So having that representative there
ensures that in future generations, future administrations, future councils, we
know there's going to be representation there. The training that's just outstanding
on Native Hawaiian law for our board members and the folks on that committee
going forward; not just right now, not in two years, but for the term of our County
Charter. That's truly why I feel this is so important. We have to speak on behalf
of our beneficiaries. So with the amendments failing today, I would hope for
everyone's support for Bill 180, for our community. Chair, I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MR. CHUNG: Yup. Me.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: Thanks. I'm going to leave pretty soon. I wanted to thank
Mr. Kaneali`i-Kleinfelder. He gave me a call. He wanted to get my perspectives
on this matter and I appreciate that. And I think he'll probably be able to confirm
that I was very descriptive in the way I explained my position. You could maybe
even say it was hilarious. But I'm going to try to be a little bit more, I guess, even
tempered on this matter so I'm going to take off my mask.
I understand the goal that Mr. Kaneali`i-Kleinfelder is trying to advance. I can't
disagree with that goal. It's to get more water available to those tracks of land on
Hawaiian Home Lands. I don't think anyone will dispute the merits of that goal.
This is not the mechanism to do it. I said that while we have the Department of
Water Supply, who really runs a good operationapolitical,just do their job
then you're going to have even, albeit on an ex-officio basis, someone from the
Department of Hawaiian Home Landsa department or agency that has over
decades failed in their responsibility to deliver to the Hawaiian people—so we're
going to put them as an ex-officio member of the Water Board for what?
This is the only thing that I can see is going to happen. They're, again, like
they've been doing over and over and over, it's to deflect the responsibility for
providing water onto the Water Department. And that's wrong. They bear the
full responsibility to provide that water to the beneficiaries. They have to develop
the water system. They can get the licenses. They're entitled to the licenses from
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the Water Department or whomever may have those licenses upon demand. But
they have to go and develop the water systems. And they would do it like any
other developer in conjunction they could even do it in partnership with the
Department of Water Supply.
Now, Matt, I told you over the phone—and we agreed to disagree, perhapsI
said I certainly understand where you're coming from, but water is key. I don't
know why the Department of Hawaiian Home Lands hasn't used that vital
resource as a way of generating income to get the beneficiaries on the land.
We're missing the point here. We're totally taking away—we're misdirecting the
public from the true people who are supposed to be taking care of the Hawaiian
people. And that is the Department of Hawaiian Home Lands.
Right now, they're getting a huge infusion of hundreds of millions of dollars and
perhaps that might help. We'll see how that goes. I'm not really confident,
though, quite frankly. But anybody, if they get$800 million, you've got to do
something, right? But I don't think they're going to do as well as they should. So
don't let them go and intrude upon the Water Department right now. There might
be a time; I don't know. But what you're trying to achieve by this is not going to
be accomplished by this Charter amendment. Now, if there were any way within
the context of this ordinance that we could switch things around and make it
better, then, hey, I'm all ears. But there's some fundamental issues that have to
be done at the State level. It's not going to be done here at the local level.
Hawaiian Home Lands has to step up and fulfill their responsibilities to their
beneficiaries. Plain and simple. But thank you.
CHR. DAVID: Thank you, Mr. Chung. Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. I appreciate Council Member Chung's
perspective and want to also weigh in. As the bill is written, Section 3 and
Section 4, which we haven't really touched on yet, I think Section 3 is
unnecessary. I mean that's
CHR. DAVID: We can't hear you.
MS. KIMBALL: I'm sorry. I think Section 3 is unnecessary. I mean, that order
of precedence for the higher level law already exists. And as far as No. 4, I
expressed this last time. The law training is indeed excellent, and I think as many
people that are in decision-making bodies that have to do with land use or other
things should subscribe to it. I have the same hesitation I had last time, which is I
don't see how we can mandate a training that is outside of our purview. And I
think that's problematic. We don't have any jurisdiction over whether that
training will continue. Maybe somebody takes over and makes it a terrible
course, and we don't want anybody to take it. We have no authority over that. So
I have reservations about mandating it. I look forward to hearing from the rest of
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the body. I'm willing to afford the same time to you to continue working on this
as I have with others. I will say, though, the same thing: I cannot support it in its
current form. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else?
MR. RICHARDS: Chair. Richards.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you. I don't disagree that we need more water and
water development for the County of Hawaii. We need it for Hawaiian Homes.
This has been something I've been trying to figure out for 15-plus years. When I
first was elected, I've been trying to figure out how to get this done. Department
of Water Supply, their mission charge, however you want to describe it, is to
deliver potable water.
And to your point, Matt, concern for irrigation water, you bet. I think we need to
have as much irrigation water as we can environmentally and economically afford
for all of our lands if we're truly talking about agriculture. But that's not Water
Supply's mission. They help us. They kokua us on this and they help in
agriculture as best they can. But agriculture is last in and first out. If we hit dry
times, they have to pull out of that. So we need to develop it going forward.
I completely agree with everything that Mr. Chung has said concerning
responsibility. And when I talked to Water Supply Director Okamoto years ago
concerning this, if we had the infrastructure in place, Water Supply very happily
would step up to the plate and help manage it, take it over, whatever the case may
be. And that has been a recurrent affirmative from them. But that's not what
we're talking about in this picture. What we're talking about is getting that
infrastructure built and the water availability. And at the State level, there are
things that have to be done that have not been done, which prohibits this. And so
though I understand the intent and I definitely support trying to get water for these
lands, this is not the vehicle. This is not the venue and this is not the way to get it
done.
So I like the conversation. I like the direction. I fully support pushing for helping
Hawaiian Homes achieve their mission. But this is their mission. And there's a
lot of funding that's come to them at this point. They need to step up. And we
also don't have the oversight of mandating something from Hawaiian Homes.
That's not in our County. So I do not support this bill as it is written. Thank you,
Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else?
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Hawaii County Council-43 June 15,2022
MR. CHUNG: Maile?
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: And just to share a little bit more of that conversation I had with
Mr. Kaneali`i-Kleinfelder. So what I suggested—it's not like I just left it over
thereI suggested to him, "Look, Matt. You could act as a broker between the
Department of Hawaiian Home Lands and the Water Department to try to get
something going." You can kind of confirm that that's what I suggested. So
there are possibilities. But it has to be a partnership between two separate entities.
And right now, the Department of Hawaiian Home Lands has a lot of money. So
they should move quickly on that; and not just build infrastructure, I mean like
land infrastructure, but try to develop water systems. But you've got to go
through the Water Department. It's not just kind of being a guard dog over the
Water Department. That's not going to get anywhere. It's not going to
accomplish what you're trying to achieve. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo?
MS. KIERKIEWICZ: Chair, really quickly. Thank you.
CHR. DAVID: Go ahead. Ms. Kierkiewicz, right?
MS. KIERKIEWICZ: Yes. Thanks, Chair.
CHR. DAVID: Okay. Thanks.
MS. KIERKIEWICZ: Chief Okamoto, if you could come forward,please? We
kind of had this conversation in Committee, but just want to make sure because
I'm sure more folks are watching. I just want to make sure that at the end of the
day we have a right-sized solution. And I think nobody here disagrees that we
want to make sure that we are supporting folks in homes that have access to
water. So let's start with some of the easier things here. The training, the Native
Hawaiian Law training. I don't necessarily think a Charter amendment is
necessary. Is this something that you can add to your roster? Perhaps you already
have it on the next agenda for Water Board to consider. But just wondering when
that happens and it's part of your overall training package for board members, can
you transmit a communication to Council just informing us of that?
(Note: At this time, Water Supply Manager-Chief Engineer
Keith Okamoto came forward to address the members of the Council.)
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MR. OKAMOTO: Yes. Keith Okamoto, Manager-Chief Engineer, Department
of Water Supply. Quick answer: Yes, no problem. I've taken that same course
and I agree it is very valuable. So we can definitely put it on a board agenda as a
recommendation for the board members to attend that.
MS. KIERKIEWICZ: Okay. Perfect. Thank you. And then the annual report
that we get from you guys—actually all County departments—in the CAFR
(Comprehensive Annual Financial Report), that's sufficient but perhaps you can
initiate a communication and do just a presentation to Council going forward. Do
you need a resolution from us to kind of formalize that presentation? Want to
make sure it happens should you ever decide to retire.
MR. OKAMOTO: Hopefully soon.
MS. KIERKIEWICZ: No. Don't joke like that.
MR. OKAMOTO: All kidding aside, we have no problem with doing that. But if
this body feels more comfortable with a resolution, that's fine with us as well.
MS. KIERKIEWICZ: Okay. I mean I did one a number of years ago requesting
that Office of Housing provide the Council with a quarterly update on
201H applications. We've been getting them consistently. And so just a
suggestion to Council Member Kaneali`i-Kleinfelder: That might be another
avenue to just get the information that we are really looking for here.
Just a last thing. Your communication to Council, Chief Okamoto, Comm. 819.2,
just speaks volumes about the collaboration that your department has had with
Hawaiian Homes for a number of years. Very successful working relationship.
And so it's clear that it's not you guys that are in the way.
MR. OKAMOTO: Thank you for that. Appreciate that.
MS. KIERKIEWICZ: Yup. Absolutely. Again, really appreciate the intention.
Can't be supporting this amendment in its current form. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else on the Hilo side
before I go to Kona?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. I had asked Corporation Counsel about some
curiosity. I have heard my colleagues loud and clear. We're looking for
solutions. Mr. Chung summed it up real nice that we really need to start holding
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the Department of Hawaiian Home Lands accountable. But I just wanted to, for
the record, if Judge Strance could come forward. I had asked specific questions
related to how and if it was possible for this body and/or the electorate to direct
duties and responsibilities to the Department of Hawaiian Home Lands. And I
was just wondering if, Ms. Strance, you could provide this body an update to
those questions that I had at our last meeting.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Thank you. Elizabeth Strance, Corporation Council. A concern
that I had raised is whether the County has authority to direct the actions of a
State body; and in this case, a State body created by federal statute. And the
County only has delegated authority, and there's no delegated authority either
under the Hawaii Homes Commission Act or State law. The way that the bill is
written is it is a representative of the department. So it would be the department
sending a representative to the board. So it's my opinion that the County does not
have that authority to direct DHHL or any other State agency.
Most of the County boards that have State representatives on them, those boards
are normally created at the direction of a State statute. And it's the State statute
that directs that a State representative be on those boards.
MS. LEE LOY: Thank you, Judge Strance. As Mr. Chung mentioned, this is a
huge opportunity to galvanize all of the testimony that we heard and focus them
into the direction of working and putting it on the department to develop these
systems. And I know at our last reading, as a beneficiary I was not contacted
about this bill. I even reached out to others and they didn't know about it. I had
to forward it on to them. And so I made that statement based on my own
experience. And that's why I feel for these beneficiaries. I sit here as an elected
representative and the department doesn't even communicate with me, which is
why I keep having to go to them to help push ideas and goals for the beneficiaries
forward.
And I would just like to say to Mr. Kaneali`i-Kleinfelder: Take that passion,
partner with all of us, and take this to the department. Because what I don't want
to do is strip our beneficiaries of their power that they have over the department,
because there have been a number of case rulings that the department cannot
serve two masters. They have to serve the beneficiaries. So please,
Mr. Kaneali`i-Kleinfelder,join with all of us, work with the department, and let's
hold them accountable to deliver to the beneficiaries. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo before I go to
Kona? Mr. Inaba, go ahead.
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MR. INABA: Yeah. Thank you. I supported this last time, like I said. I just feel
that the conversation around this bill has been so dramatized, for lack of a better
word. It's been a long day. But I don't see, myself, how this hurts Native
Hawaiians, hurts the County's ability to provide water to do the work that they're
already doing. I guess there might be some questions about forced training. I
love the training that Ka Huli Ao provided. Again, we don't know which
organization will provide that. But I do support the intention of this and I do
think that it should move forward like the other bills. If Mr. Kaneali`i-Kleinfelder
has the opportunity to improve it, then he can do that. And if not, then the
Council can vote it down. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this side? Mr. Kaneali`i-
Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you for the opportunity, Chair.
Again, Council Members, I do appreciate the conversation today. I would ask for
another two weeks for that courtesy. That would be, I think, well worth it. Let
me work with the different stakeholders in this as I have been, and try and come
back with something that maybe we all can swallow that provides representation
but provides collaboration, which is ultimately what we're after, is collaboration
between different agencies which is difficult—it's like herding cats but here we
are. So that would be my ask today. And I do appreciate everything I've heard so
far. It's helped me get farther with this bill, but also understand the issue more
and more and where each of us sits in our respective positions and our respective
agencies. So that would be my ask today. Mahalo, Chair. Thank you.
CHR. DAVID: Thank you. And if everyone is done, I think I just have a few
comments regarding the discussion about this today. As I've said or mentioned in
these prior discussions, the issue about having training required as part of a
Charter amendment was one of my really difficult issues to support this—and I
still see it in there. Given what Judge Strance has said as far as the legal process
and the jurisdictions of the Hawaiian Home Lands—and I have to agree that
Hawaiian Homes, the department, has really done an insufficient job in
addressing Native Hawaiians' needs. And I can say that from personal
experience.
In 1986, my dad was on the waiting list for almost 30 years and finally got
awarded. And he got awarded land down in Ka`u no water. And this is
25 acres of—he was going to raise cows. And needless to say, no water
whatsoever going down South Point Road. And so, as far back as then, what
we've heard about DHHL, I'm not sure if this is the solution because I think this
creates another governmental process that will just be discussing what's wrong. I
just would like to see the department move forward with something, especially in
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our rural communities where they haven't had water. They've been giving away
land and pastures for years. And guess what, those poor ranchers and cowboys
have been packing their own water so that they can support their cattle.
So I'm not sure if this is going to help, Matt. I'm really torn because I like the
idea but just having a non-voting seat on this, to me, is like yeah, they need to
take action. And if they can take action between departments—Water
Department and their department—and work together to get something done, I'd
rather see that. Anyway, for now I think I have toI can't support this because
of that one part of it is that one mandate that you're requiring people to take this
course. Alright, Mr. Clerk, roll call please.
Vote on Bill 180: The motion to pass Bill 180 on first reading failed by the
Failed following roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Villegas, and Chair David–4.
Noes: Council Members Chung, Kierkiewicz,
Kimball, Lee Loy, and Richards –5.
Absent: None.
Excused: None.
(Note: Ms. David voted "kanalua"then "aye." Ms. Kimball
voted "kanalua"then "no.")
CHR. DAVID: Thank you. Can we please take there's a request to take
Bill 174.
Bill 174: INITIATES AN AMENDMENT TO ARTICLE VI OF THE HAWAII COUNTY
CHARTER (2020 EDITION), BY ADDING A NEW CHAPTER TO ESTABLISH
A DEPARTMENT OF BUILDING
Creates a Department of Building to manage the duties and functions currently
performed by the Building Division within the Department of Public Works.
Reference: Comm. 810
Intr. by: Ms. Kierkiewicz
Approve: PWMTC-18
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
(Note: Comms. 810.1 and 810.2, from Council Member Ashley L. Kierkiewicz
dated June 14 and 15, 2022, respectively, transmitting proposed amendments to
Bill 174, were circulated.)
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Hawaii County Council-43 June 15,2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 174 on first
reading and adopt Public Works and Mass Transit
Committee Report No. 18. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I have a couple of amendments that I
just want to get on the floor. And this is based on the conversation that we had in
Committee. So the first one, if I could amend Bill 174 with the contents of
Communication 810.1.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 174 with the
contents of Comm. 810.1. Seconded by Ms. Lee Loy.
CHR. DAVID: Thank you.
MS. KIERKIEWICZ: Thank you, Chair. This would provide an effective date
for this proposed Charter amendment, should it pass. So looking to have the
effective date of July 1, 2023. That is the start of the next fiscal year. Should this
amendment pass by the electorate, that would give the Administration sufficient
time to plan for transition and creation of the department and the necessary budget
and organizational structure. Happy to answer any questions folks might have.
Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Questions, Council Members?
Ms. Villegas, go ahead.
MS. VILLEGAS: Thank you, Ms. Kierkiewicz, for bringing this forward and for
looking for creative solutions in how our County government is organized. I
suppose I have some concerns with this. I mean, this is a Charter amendment so it
would go out to the people. But looking at the risk versus reward and the amount
of work and effort that it would take to move Building to create its own
department, as opposed to being a portion or just a division under DPW
(Department of Public Works), I don't know if we'reI think we're all aware
that there's some challenges with these departments and some efficiencies and
streamlining is necessary. We've had lots of challenges with the EPIC
(Electronic Processing and Information Center) system. I guess I have some
concerns in understanding. Is anybody from Building here today or DPW that
could be asked some questions about how they feel about this transition?
MS. KIERKIEWICZ: No one is here in Chambers, but I believe that we're
discussing the amendment related to when this would take effect.
MS. VILLEGAS: Thank you. Sorry. Yes. My apologies. Long day. I'll wait
my turn for when we go back to the actual bill itself. I yield.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Ms. Villegas. Anyone else on the amendment?
Seeing none, all those in favor of amending Bill 174 with the contents of
Comm. 810.1, please say "aye."
Vote on Motion to The motion to amend Bill 174 with the contents of
Amend: Comm. 810.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David–9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Back to the main motion, Ms. Kierkiewicz.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 174 with the
contents of Comm. 810.2. Seconded by Ms. Lee Loy.
MS. KIERKIEWICZ: Thank you, Chair. Just making sure everybody here in
Hilo has a copy of the amendment. Again, this is coming out of discussion during
Committee to provide a little bit more clarity on what we're looking to do here.
Striking out the words "manage public building construction and inspection"
MR. INABA: Chair, sorry.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: I don't have a copy of that.
CHR. DAVID: Can you hang on? We need to get copies of Comm. 810.2. I'm
sorry. Thank you. Go ahead.
MS. KIERKIEWICZ: Does everyone in Hilo have a copy? Okay. Just want to
make sure everybody has a copy because words and precision matter here.
Charter amendments are permanent. And so looking to strike the words "manage
public building construction and inspection" from this amendment. This is
because Public Works, right now, in addition to the many different divisions
within their department, EPIC permitting process, they're also responsible for the
design, construction of various County facilities. And so would not want to take
that function, that particular function, out of Public Works.
As I explained in Committee, wanting to make sure that anything related to a
County asset—its design, its construction, its maintenance—stays within Public
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Works. So this provides a little bit more clarity. And at the suggestion of LRB
(Legislative Research Branch),just listing everything out in numerical order so
that there is a bit more ease in reading. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo on the
amendment?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: On the amendment, yeah, I'd like to thank Ms. Kierkiewicz for
advancing this clarification and striking through the projects that are managed by
the department. Because, there are provisions in HRS that require certain
oversight for County assets or State assets, which is contained in HRS 444 or 464.
What this amendment does is clearly delineate projects that happen that have
those HRS requirements, and these will be separate and apart from those. And I
do like the way this is actually being split up real nicely and providing pathways
for people doing work, for owner-builder, private,those types of things, compared
to the work that needs to happen in-house and/or through contract work with the
department. So I will be supporting this amendment. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo before I go to
Mr. Inaba? Alright, Mr. Inaba, go ahead.
MR. INABA: Thank you. Number four, Ms. Kierkiewicz: Process sign
applications. Is there supposed to be a comma after "Process"?
MS. KIERKIEWICZ: No. There are sign applications and variances that are
reviewed by the department. So it's the act of processing them.
MR. INABA: "Process sign" is an administrative function.
MS. KIERKIEWICZ: Not"sign" as a signature, but the signage that you would
see on a storefront.
MR. INABA: Okay. Thank you. It is a long day.
MS. KIERKIEWICZ: I know. It's a very long day.
MR. INABA: I was like, "That doesn't make sense." Okay. Thank you. Wait.
So do we have anybodyI know we're without a director right now, but do we
have anyone online yet from the Administration? Okay. Well, we heard from the
former Director at last reading. We know the existing department needs help, but
I'm afraid to be moving forward with this until we get a better understanding from
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the Administration as to what really is the best way to proceed. And being that
we don't have someone, it's a little bit concerning on the amendment and on the
bill itself. So hopefully if anybody in the Administration is listening, they can
show up soon. Thank you, Chair. I yield for now.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else in Kona here?
Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm just concerned in
general. I like what's being expressed in the bill. But after seeing what's
happened in the last two days and being ranked worst in the nation, I'm just
concerned that this probably couldn't come at a worse time. I won't be
supporting this today for the two reasons I just stated. I do appreciate it being
brought forward. Mahalo.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MS. VILLEGAS: Are we still on the amendment?
CHR. DAVID: We're on the amendment, Comm. 810.2, amending Bill 174, as
amended.
MS. VILLEGAS: I suppose my question would be—and Ms. Kierkiewicz, which
members of DPW or the Building Department, or did you work with any of them
to confirm in creating this definition of powers, duties, and functions?
MS. KIERKIEWICZ: I did not collaborate with anyone from the department on
the specific language. I did have a meeting with Mayor Roth several months ago
to float this idea and he was supportive, and took it upon myself to work with
LRB to wordsmith what is in front of you.
MS. VILLEGAS: Okay. Thank you for helping clarify. I won't be supporting
this today. I think there needs to be more alignment with the department itself.
And I concur with the current shake-up. I think we can change where things live,
but until we change what's really going on within it I just remember a comment
about"Wherever you go, there you are." With you comes your troubles, your
talents, your challenges, your whatnot. And so I feel that this just makes me a
little uncomfortable at this point. And the reasons for the changes and these
definitions, it would be wiser to work more directly with the department. Thank
you. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else in Kona? Mr. Inaba, go
ahead.
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Hawaii County Council-43 June 15,2022
MR. INABA: Yeah. I just want to state I know, Ms. Kierkiewicz, you're always
a proponent of making sure that we work with the departments. To restructure a
department into two I think really requires that. So I ask that you make that effort
to really work with the Administration on this. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else?
MS. KIERKIEWICZ: Chair.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I did work with the Mayor to let him know I
was doing this. Former Director Rodenhurst was going to be here today, but
because he is no longer with the County, kind of in a predicament here. Oh,
Managing Director Lee Lord is here. Did you want to speak to Bill 174,
Department of Building? Okay. Great. And just for clarification, the words that
you see here aren't things we made up. This currently lies in our Code and is
related to the kuleana of the Building Division. So wanted to make sure that we
were honoring existing language and moving that into its own department. Thank
you. Managing Director Lord, you have the floor.
(Note: At this time, Managing Director Lee Lord, Office of the Mayor,
came forward to address the members of the Council.)
MR. LORD: This is Lee Lord, Managing Director. In spirit, we definitely
support this. The Building Division is very large, as you all know, and has many
different divisions doing a lot of things. So putting the Building Division from
the Public Works into its own department would probably serve well to focus the
jobs and allow that division to really fine tune what they're doing and follow their
direction. The only reservation we have is, of course, the cost. So we'd have to
figure out the cost only because currently they're sharing a human resources
person, a finance person, some of the clerical persons with the Public Works
Department. If they're their own department, we would just have to figure out the
rent for where they're going to be and the additional staffing. Because, when
you're with the Department of Public Works, it's cheaper when you're spreading
that one person out over several divisions. But, ultimately, I think it would serve
the County and the citizens well if it was in its own department.
MS. KIERKIEWICZ: Thank you very much, Managing Director Lord, for your
support and that clarification. My recollection is with any Charter amendment,
and this is something we approved last term, there needs to be a fiscal impact
statement. So that would be forthcoming by the Finance Director should my
colleagues feel this is worthy enough to move to second reading. So we would be
able to see what the fiscal impact would be should we want to create a
Department of Building.
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MR. LORD: Super.
MS. KIERKIEWICZ: Thank you, Managing Director Lord. Chair, I yield for
now.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else before we finalize?
Okay. Managing Director Lord, if I got the message correctly, there will be funds
required to staff this entirely new department. And I believe Ms. Kierkiewicz is
saying that by our next reading, you will be able to come forward with that. Is
that correct?
MR. LORD: That's what I heard Ms. Kierkiewicz say, yes.
CHR. DAVID: Okay. No, but the Administration would be able to give us some
numbers on how much
MR. LORD: Excuse me. You've been working with Deanna or Diane?
MS. KIERKIEWICZ: With Director Sako, yes.
MR. LORD: Yes, okay. So, yes, I will support and ensure that Deanna has that
together.
CHR. DAVID: Okay. Alright. I'm curious to see how much additional cost this
creation of this division is going to generate as far as our budget is concerned. I
will support it to move it forward and get the funding answers at next reading. So
we're still on the amendment. Are we ready? No other comments. All those in
favor of amending Bill 174, as amended, with Communication 810.2, please say
Ic aye.
Vote on Motion to The motion to amend Bill 174 with the contents of
Amend: Comm. 810.2 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Now we're back to Bill 174, as amended. Any comments?
Seeing none, roll call, Mr. Clerk.
MR. RICHARDS: Chair?
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CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: I was waiting for the motion. I think some of this has been
already impartially answered. Conceptually, I agree. I am concerned about the
financial side. But as was articulated by Ms. Kierkiewicz, we'll be having that
financial impact coming forth. I conceptually understand where we're going with
this, and I think it is the right movement and Administration does support it. But I
do want to see the numbers before I get totally behind it. Thank you. Chair, I
yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kimball, go ahead.
MS. KIMBALL: I'm just going to concur with Council Member Richards.
Support the intent. I think it's likely a good idea and I want to see the cost.
Thanks.
CHR. DAVID: Thank you as well. Mr. Inaba, go ahead.
MR. INABA: Just looking forward to more information. I won't be supporting it
today.
CHR. DAVID: Thank you very much. Anyone else? Mr. Clerk, roll call please.
Vote on Bill 174: The motion to pass Bill 174, as amended to Draft 2, on first
Draft 2 reading was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Kierkiewicz, Kimball,
Lee Loy, Richards, and Chair David—6.
Noes: Council Members Inaba, Kaneali`i-Kleinfelder,
and Villegas —3.
Absent: None.
Excused: None.
CHR. DAVID: I think we can probably just go back to wherever we left off.
Point of Personal MS. KIMBALL: Chair, if I may? I'd like to take this moment to make a point of
Privilege: personal privilege, if I may.
CHR. DAVID: Sure.
MS. KIMBALL: With your leeway and the leeway of this body, I'm going to
have to excuse myself shortly, but I did want to make just a brief commentary on
some of the testimony earlier today. I am from the generation of women where
we are nice to everybody regardless of how they treat us, and I'm not comfortable
with that after some of the circumstances this morning. We are elected officials
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Hawaii County Council-43 June 15,2022
and the public has a right to criticize our decisions, to criticize the legislation we
put forward, and even to make comments to their friends and the rest of the public
that they do not think that we should be re-elected.
There's a line, though, that gets crossed when you are just bullying and you are
attacking a person as an individual or you are saying things that could be
interpreted as a threat beyond an electoral threat. So I just want to say that I've
learned to develop a pretty thick skin on this job, and I think we all do and we all
have to. But there is an expectation of decorum from our colleagues and from the
public, and I feel that line was very nearly breached. The other exception in this
case was it was not an isolated incident. This was, to my recollection, I think the
fourth public meeting when comments of this nature were made.
I got some feedback from my staff and from other staff members on the Council
that they felt that it was threatening. That's where the line is. So I just ask
members of the public to understand that you have every right to disagree with us.
You have every right to tell all your friends that they should not vote for us if
you're unhappy with our decisions. But we are not doormats. There is a level of
decorum that should be expected. Thank you, Chair, for that leeway and
privilege.
CHR. DAVID: Thank you, Ms. Kimball.
MR. HENRICKS: Madam Chair, I just would point out that, in the future, your
Council Rules do provide under Rule No. 13, Public Statements and Testimony,
that all members of the public shall extend proper courtesy and respect to one
another and to all Council Members. And all persons shall be addressed by their
surnames. No profanity or abusive remarks will be allowed at any time in any
meeting. That's one section. Another says that any person not a member of the
Council who is disrespectful to the Council or any Committee by any disorderly
or contemptuous behavior in its presence or disrupts the exercise of any
legislative function may be removed from the meeting at the discretion of the
Chairperson.
So you have some tools available to you if any member of the Council feels that
the testimony has crossed the line from being an exercise of community's
constitutional rights to a point where it has gone beyond that and is unhealthy and,
according to the Rules I just read, has violated those tenets of our Rules. So it's
for future reference that can be brought forward and addressed at the time. And
of course, can be reminded perhaps before we start meetings when we see that
there are contentious issues and a high volume of testifiers, people can be
reminded of the ground rules. Sometimes that helps. Sometimes it doesn't. But
appreciate your remarks, Ms. Kimball. And there are some remedies available to
the Council and it is embedded in your Rules.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Mr. Clerk. Alright, where are we now? Can we
move on with bills for first reading?
Return to Order The Chair directed the Council to return to the order of business.
of Business:
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING
(Note: Items in this category were taken up previously, out of order.)
Bill 173: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18 OF THE
HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE
OFFICE OF THE COUNTY AUDITOR
Adds investigations of reports of fraud, waste, and abuse within County
operations as an authorized function of the Office of the County Auditor.
Reference: Comm. 809
Intr. by: Ms. Kierkiewicz
Approve: FC-163
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 173 on first
reading and adopt Finance Committee Report No. 163.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I don't have anything else to add. We
had a pretty comprehensive discussion in Committee. This just provides some
refinements in the Charter so that the Auditor is able to proceed should anything
come through, any of the hotlines that are worthy of investigation. So looking for
everyone's continued support. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 173 at first reading, please say "aye."
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Vote on Bill 173: The motion to pass Bill 173 on first reading and adopt
(Approved) Finance Committee Report No. 163 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba, Kaneali`i-
Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Bill 175: INITIATES AN AMENDMENT TO ARTICLE V OF THE HAWAII COUNTY
CHARTER (2020 EDITION), RELATING TO ESTABLISHING A YOUTH
COMMISSION WITHIN THE EXECUTIVE BRANCH
Adds a new chapter to create a commission consisting of up to 15 members
between the ages of 14 and 24 years old that would integrate its ideas and
perspectives into County government.
Reference: Comm. 812
Intr. by: Ms. Kierkiewicz
Approve: GOREDC-24
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
(Note: Comm. 812.1, from Council Member Ashley L. Kierkiewicz dated
June 14, 2022, transmitting proposed amendments to Bill 175, was circulated.)
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 175 on first
reading and adopt Governmental Operations, Relations,
and Economic Development Committee Report No. 24.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 175 with the
contents of Comm. 812.1. Seconded by Mr. Inaba.
CHR. DAVID: Ms. Kierkiewicz, go ahead on the amendment.
MS. KIERKIEWICZ: Thank you, Chair. These amendments to the proposed
Charter amendment are related to comments from my colleagues during our
Committee meeting. On the first page, related to residency, this would allow
`6pio who might be away at college, like Travis Chai who testified before us in
Committee, to be able to participate on this commission. So that's in Section A.
A few more additions to this amendment related to ensuring that members of the
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Youth Commission are exempt from filing a financial disclosure. And at the
guidance of Corporation Counsel, also inserting language where they would not
be subject to Section 13-4 of the Charter related to requirements for board and
commission members.
Also wanted to make sure that the Legislative Branch is able to just be part of
helping to stand up this commission and to be a resource. So looking to add
language around the Council Chair assigning someone from the legislative body
to serve as an ex-officio member of the commission, again simply to provide
support and insight into what it is to be part of the legislative branch of
government. Happy to answer any questions folks might have and looking for
everyone's support. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo before I go to
Kona? Seeing none, Kona, any comments? Mr. Inaba, go ahead.
MR. INABA: Thank you. Corporation Counsel, I know you provided a memo
today. If you could just recap for us your opinion on Bill 175, please.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. The
concerns that I had raised are both addressed in the amendments. The proposed
composition of the commission has a range of ages from 14, I believe, to 24. So
the 14-to 18-year-old groups are minors. I had a concern that by requiring them
to go through the normal board- and commission-appointment process, they
would be required to file financial disclosure statements, which would implicate
their parents and bring their parents into what is supposed to be a process about
them, about the youth. So the exclusion from Section 13.4 of the Charter is that
provision that goes—is the public approval process. Then the financial disclosure
process, then, would exclude members while they are minors. So when they turn
age 18, it would be subject to the financial disclosure procedures.
MR. INABA: Thank you very much. Chair, I think that's all. Council
Member Kierkiewicz, thank you for bringing this amendment forward based on
the discussion last time. Mahalo.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else here in Kona? Alright, Hilo?
Last call. Alright, all those in favor of amending Bill 175 with the contents of
Communication 812.1,please say "aye."
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Hawaii County Council-43 June 15,2022
Vote on Motion to The motion to amend Bill 175 with the contents of
Amend: Comm. 812.1 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David–8.
Noes: Council Member Kaneali`i-Kleinfelder– 1.
Absent: None.
Excused: None.
CHR. DAVID: Alright, back to the main motion. Any discussion, as amended?
Seeing none, roll call please.
MR. KANEALI`I-KLEINFELDER: Chair? Sorry, I have a few comments.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, on the bill, as amended.
MR. KANEALI`I-KLEINFELDER: Thank you. I won't be supporting this
today. There was a few comments made by the Administration, and I'm thinking
back to the previous meeting that we had and the confusion over some of the
appointed members on our commissions who were—there was bad information
presented to the Council and we had to have it fixed. It was basically becoming
clear that the Administration, at this point, is having a hard time maintaining the
boards and the commissions as we currently have them. And that was stated by
Managing Director Lee Lord.
But also there were some statements made during the presentation of this
commission that this would be possibly political in nature, and that was
concerning to me. I'm all for educating our youth and empowering them, but
when we start to use a County commission with an ex-officio Council Member
within the commission and we begin to use it to grow our youth politically, this
creates a questionable area within our County government. So for those reasons, I
will not be supporting this today. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MS. KIERKIEWICZ: Chair, if I could just get clarification,please?
CHR. DAVID: Sure. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Council Member Kaneali`i-Kleinfelder,just
really curious to I'm trying to do some sense-making here where you talk about
presentations made about this commission being political in nature. Going
through the language in the proposed Charter amendment, I don't see anything
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Hawaii County Council-43 June 15,2022
related to political activities or growing political candidates. That is certainly not
the intention here. It's very explicit about what we are looking to do. So I'm just
wondering where this political influence assertion is coming from?
MR. KANEALI`I-KLEINFELDER: Appreciate the question. Chair, may I?
CHR. DAVID: Alright. Thank you. Go ahead.
MR. KANEALI`I-KLEINFELDER: It was within your presentation of the bill
itself at first reading at Committees. That's all I have to state at this time.
CHR. DAVID: Okay. Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Mr. Clerk, roll call please on Bill 175, as amended.
Vote on Bill 175: The motion to pass Bill 175, as amended to Draft 2, on first
Draft 2 reading and adopt Governmental Operations, Relations, and
(Approved) Economic Development Committee Report No. 24 was
carried by the following roll call vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: Council Member Kaneali`i-Kleinfelder— 1.
Absent: None.
Excused: None.
(Note: Mr. Richards and Ms. Villegas voted "kanalua"then "aye.")
CHR. DAVID: Thank you, Mr. Clerk. Can we do "Order of the Day, Second and
Final Reading,"please?
MS. KIMBALL: Madam Chair?
CHR. DAVID: Yes.
MS. KIMBALL: May I quickly request that I do want to stick around for 160.
Please take that first.
CHR. DAVID: Oh, okay. Bill 160, please.
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:
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Hawaii County Council-43 June 15,2022
Bill 160: AMENDS CHAPTER 11 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO AFFORDABLE HOUSING PRODUCTION FUNDING
Establishes an annual appropriation of at least$5 million per year to the Office of
Housing and Community Development to facilitate programs that support
affordable housing production.
Reference: Comm. 750
Intr. by: Ms. Kierkiewicz
First Reading: June 1, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 160 on second and
final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Just wondering if Administrator Kunz is on Zoom. I think
she was going to be here in chambers but it is a long day. Hopefully she's on
Zoom to answer any questions that my colleagues might have. Okay, I'll try
getting in touch with her, or if folks have questions or comments, happy to field
them. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Go ahead,
Ms. Kimball.
MS. KIMBALL: Thank you, Chair. Council Member Kierkiewicz, I actually did
have a chance to talk to Administrator Kunz this morning. Just so the rest of you
folks know, I fully support funding for affordable housing-110 percent. Also,
really trust our Office of Housing to do a good job and have a good plan. I did
send an email to Council Member Kierkiewicz and Administrator Kunz. Timing
wise, it didn't work out about a proposed amendment, you know, thinking about,
okay, they're only allowed to expend maybe 10 percent at this point, whatever.
We didn't make that work.
Had another idea about let's just postpone it. I want to be clear that this bill does
not have to pass in order for the funding to be there this year. There is $9 million
in there this year. So we could just postpone until those rules are actually
finalized. I just expressed that concern that we have
CHR. DAVID: Hang on. Are we having problems with streaming?
MR. HENRICKS: Yes. I was informed the stream is down.
CHR. DAVID: Okay.
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Hawaii County Council-43 June 15,2022
MR. HENRICKS: Just to clarify, it's not required because of the kind of meeting
that we're holding. We'll try to regain it. If we can't, we can switch to the
YouTube, which we did yesterday.
CHR. DAVID: Okay.
MS. KIMBALL: Thank you.
MR. HENRICKS: So I'll just have them let me know if it stays down. If it does,
we'll go to the YouTube.
CHR. DAVID: Okay. Continue. I'm so sorry.
MS. KIMBALL: I just want to just once again, Chair, I have a little bit of
hesitation because we're approving $5 million on an annual basis for a program
that we haven't seen any rules for yet or any ordinance guiding us of what this
program is about. That said, I am going to take what I'm going to call from now
on the "Aaron Chung Polyp Method,"which is to say I'm going to support it right
now and if we need to fix it later, I'll fix it later.
Thank you, Administrator Kunz, for being here. I've already mentioned that you
and I spoke this morning. I have just shared my ongoing concerns that we are
putting money towards a program we haven't defined yet. But I'm going to
support it today. Basically, if you don't get those rules out there, I'm going to
come back and amend this again and take the money back.
(Note: At this time, Housing Administrator Susan Kunz came forward to
address the members of the Council.)
MS. KUNZ: I will get those rules up. You'll get those rules.
MS. KIMBALL: Got it. Okay. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. And thank you, Administrator Kunz,
for coming and for discussing this with me also. I appreciate it, your explanation.
So anyone else? Alright, seeing none, roll call, Mr. Clerk,please.
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Hawaii County Council-43 June 15,2022
Vote on Bill 160: The motion to pass Bill 160 on second and final reading
(Adopted) was carried by the following roll call vote:
Ayes: Council Members Inaba, Kierkiewicz, Kimball,
Lee Loy, Richards, Villegas, and
Chair David—7.
Noes: Council Member Kaneali`i-Kleinfelder— 1.
Absent: Council Member Chung— 1.
Excused: None.
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
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 159: 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 Hawaiian Paradise Park District Park—Fair Share
project($235,000)to the Capital Budget. Funds for this project shall be provided
from Fair Share funds and be used for costs associated with planning, design, and
an environmental assessment.
Reference: Comm. 746
Intr. by: Ms. Kierkiewicz
First Reading: June 1, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 159 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Just looking for everyone's continued
support. With this funding, we'll be able to do an environmental assessment for a
district park in HPP (Hawaiian Paradise Park). That parcel of land was donated to
the County by the HPPOA (Hawaiian Paradise Park Owners Association). This
gets us just one step closer to actually realizing the park for a growing
subdivision. So just looking for everyone's support. Thank you.
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Hawaii County Council-43 June 15,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 159 at second and final reading,please say "aye."
Vote on Bill 159: The motion to pass Bill 159 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, and Chair David—6.
Noes: None.
Absent: Council Members Chung, Kimball,
and Villegas —3.
Excused: None.
Bill 168: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE
HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE
BOARD OF ETHICS
Increases the membership of the board from five to seven members.
Reference: Comm. 783
Intr. by: Ms. Lee Loy
First Reading: June 1, 2022
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai`i County Charter
Motion to Approve: Ms. Lee Loy moved to pass Bill 168 on second reading.
Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: I just want to thank me colleagues for their past support. I know
there was some concerns about maybe expanding the numbers. So Deputy
Corporation Counsel Cody Frenz is in our Zoom. I know that there was some
conversations between her and Council Member Kaneali`i-Kleinfelder. So I'll
yield to Mr. Kaneali`i-Kleinfelder or Ms. Frenz.
CHR. DAVID: Alright. Mr. Kaneali`i-Kleinfelder, you have any ?
MR. KANEALI`I-KLEINFELDER: No comment at this time. Thank you.
CHR. DAVID: Okay. Anyone else? Alright, seeing none—do you want to say
anything, Ms. Cody Frenz? Hi, Ms. Frenz. Go ahead. I'm sorry we didn't hear
you. Okay, got it. Go ahead, Mr. Inaba.
MR. INABA: Sorry. We just got testimony this morning. Ms. Frenz, I didn't
have the opportunity to refer back to the Board of Ethics meeting, I believe, at the
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Hawaii County Council-43 June 15,2022
beginning of April. I'm not sure if you were even cc'd on that email. But there
was some concern regarding the board not wanting this or something along those
lines. I'm not sure if that was the case. So if you could recap that for us.
(Note: At this time, Deputy Corporation Counsel Dakota Frenz came
forward to address the members of the Council.)
MS. FRENZ: Absolutely. I was cc'd in it. I did have a chance to re-review the
minutes from the original hearing, and I respectfully disagree with the way in
which the quotes were used to relay the concerns being expressed by the testifier.
The discussion that we had that's relevant in which the quotes come from are
specific to a discussion about if we have more members, that'll affect the number
required for quorum. My comments were actually specific to in a large, big island
but a small town, so to speak, a lot of us know each other. And should there be
conflicts with recusals, as someone had indicated had occurred in the years past,
having more members would actually alleviate that. So those were the comments
that I was making and sharing.
There was no opposition to the motion to increase the membership. I believe
Chair Heintz did not vote, but I do not recall any opposition. There was overall
belief that it would be more beneficial than anything else, in other words. That
was my recollection from our conversations with the board and my review of the
minutes.
MR. INABA: Mahalo nui, Ms. Frenz. Chair, that's all. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, thank you,
Ms. Frenz. And Mr. Clerk, roll call.
Vote on Bill 168: The motion to pass Bill 168 on second reading was carried
(Adopted) by the following roll call vote:
Ayes: Council Members Inaba, Kierkiewicz, Lee Loy,
Richards, Villegas, and Chair David—6.
Noes: Council Member Kaneali`i-Kleinfelder— 1.
Absent: Council Members Chung and Kimball —2.
Excused: None.
(Note: Mr. Inaba and Ms. Villegas voted "kanalua"then "aye.")
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Hawaii County Council-43 June 15,2022
Bill 169: 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 Hawaii Island Bikeshare System —Federal account
($726,000); and appropriates the Hawaii Island Bikeshare System —Federal
account. Funds would be used to add 15 Hawaii Island Bikeshare stations in
Kailua-Kona and Hilo.
Reference: Comm. 787
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: June 1, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 169 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Good discussion at Committee level and at
first reading and unanimous across the board. So look forward to everyone's
support on this.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor please
say "aye."
Vote on Bill 169: The motion to pass Bill 169 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Page 94
Hawaii County Council-43 June 15,2022
Bill 170: 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 Coordinated Services account($52,461); and
appropriates the same to the Coordinated Services —Other Current Expenses
account, bringing the total appropriation to $188,461. Funds would be used by the
Department of Parks and Recreation's Coordinated Services Division for its
Transportation and Outreach programs.
Reference: Comm. 789
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: June 1, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 170 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This was unanimous at Committee as well
and look forward to everyone's support on this.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 170 at second and final reading, please say "aye."
Vote on Bill 170: The motion to pass Bill 170 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Bill 176: 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 State—Public Library at Pahoa Transit Hub Study
account($350,000); and appropriates the same to the Public Library at Pahoa
Transit Hub Study. Funds would be used to conduct a feasibility study of
co-locating a library at the future Pahoa Transit Hub.
Reference: Comm. 815
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: June 1, 2022
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Hawaii County Council-43 June 15,2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 176 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is amazing, actually, and I stated that in
the last meeting. Looking forward to everyone's support on this.
CHR. DAVID: Alright. Anyone else? Seeing none, all those in favor of
approving Bill 176 at second and final reading, please say "aye."
Vote on Bill 176: The motion to pass Bill 176 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Page 96
Hawaii County Council-43 June 15,2022
Bill 177: 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($1,840,000);
and appropriates the same to the following accounts: Police Administration
Division—Other Current Expenses ($900,000), South Hilo Police-Other Current
Expenses ($295,000), Investigation Cause of Death ($75,000), Planning Other
Current Expenses ($300,000), Planning Equipment($20,000), Clerk-Council
Services Other Current Expenses ($30,000), and Transfer to Solid Waste Fund
($220,000). Funds would be used for increases in cost and consumption as well as
other unanticipated costs that have arisen throughout the year.
Reference: Comm. 816
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: June 1, 2022
Vote on Bill 177: Mr. Kaneali`i-Kleinfelder moved to pass Bill 177 on
(Adopted) second and final reading. Seconded by Mr. Inaba and
carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Page 97
Hawaii County Council-43 June 15,2022
Bill 178: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Transfer from General Fund account($220,000); and
appropriates the same to the Recycling Programs-County Other Current Expenses
account.
Reference: Comm. 816
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: June 1, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 178 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion?
MR. INABA: Yes, Chair.
CHR. DAVID: Thank you. Mr. Inaba, go ahead.
MR. INABA: Is anybody from the Department of Environmental Management
available online? Okay. It would be helpful if we have our administrative folks
here to answer these questions. We just got a memo today regarding our
redemption centers at Waimea, Hilo, Kealakehe, and Volcano no longer being
funded, I believe, for the HI-5. So I'm just wondering what exactly this $220,000
is going to and if there's any relation to those HI-5 closures that we were notified
of today.
CHR. DAVID: Okay. You know what? I think I have some information, but I'll
let Mr. Kaneali`i-Kleinfelder go ahead.
MR. KANEALI`I-KLEINFELDER: I asked that at our first meeting as well.
And this was regarding—from what was offered from the Administration or from
the representative at that point was for Hawai`i Earth Recycling, which does the
composting at the County transfer centers or the landfills. But that's all that I
have from the Administration. I yield, Chair.
CHR. DAVID: Thank you. Mr. Inaba, I did get that same notice. When I did
reach out over the weekend, I was told that they are going out of—the current
contactor is the one that cancelled the contract. The RFP (Request for Proposals),
they don't, at this point, have any people responding. But they're working on it is
what I'm understanding. So I'm hoping that they can get someone to pick up.
That's all I know.
MR. INABA: Is that for the recycling?
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Hawaii County Council-43 June 15,2022
CHR. DAVID: The recycling, the HI-5.
MR. INABA: Okay. Mr. Richards, I think I see your light on. Do you know any
more?
MR. RICHARDS: No. Mr. Inaba, thanks for bringing that up because I was
going to raise the same concern. I think those with the—like us that have it in our
district, we do have a recycler a couple miles from the original the problem is
it's right on the highway and there's no parking. So it's going to pose a
congestion problem in a road that's already congested during high-traffic times.
So I think we're sharing the same concerns, and I'm going to follow up. Maybe
we can follow up together in trying to figure this out.
CHR. DAVID: Thank you, Mr. Richards. I think that's a great idea.
MR. HENRICKS: Mr. Inaba, did you want to ask questions of the Business
Manager from DEM?
MR. INABA: Are they available?
MR. HENRICKS: I believe that they're trying to—they're available on Zoom.
There's Ms. Bauman.
(Note: At this time, Business Manager Robin Bauman came forward to
address the members of the Council.)
MR. INABA: Good. Almost evening, Ms. Bauman. Just wondering if you could
explain what this $220,000 is going for. I'm sorry if I forgot what was said in
Committees.
MS. BAUMAN: Sorry. I kind of missed the conversation. I just logged on. But
is this the $220,000 transfer?
MR. INABA: Yes. I just wanted to clarify what it was for in light of us getting a
notification related to recycling and some of the services being cut back in
Waimea, Hilo, Kealakehe, and Volcano.
MS. BAUMAN: Okay. So those services were related to the certified
redemption centers. This money is basically for our green waste contract. The
amount budgeted did not factor in the CPI(Consumer Price Index) adjustment
that went into effect July 1. So this additional money is needed to meet our
minimum obligations as well as pay for some other reimbursable expenses.
Page 99
Hawaii County Council-43 June 15,2022
MR. INABA: Okay. Are we, besides this, up and up with this contract?
Because, there's talk about us being maybe not in compliance with the contract.
So I just want to know that if we're putting this $220,000 forward right now, does
that put us up and up?
MS. BAUMAN: I believe so. This will meet our minimum contract obligation
with minimum quantities and reimburse some outstanding reimbursements.
MR. INABA: Okie dokie. Thank you, Ms. Bauman. Thank you for joining.
Appreciate it.
MS. BAUMAN: No problem. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. And thank you, Ms. Bauman. Anyone
else? Seeing none, all those in favor of approving Bill 178 at second and final
reading, please say "aye."
Vote on Bill 178: The motion to pass Bill 178 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Rule 15
Suspend Council to waive the five-day hold for reconsideration. Seconded by
Rules: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
CHR. DAVID: I believe that brings us to the end of our agenda.
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Hawai`i County Council-43 June 15,2022
ADJOURN- There being no further business, at 4:55 p.m., Mr. Kaneali'i-Kleinfelder moved
MENT: to adjourn the meeting. Seconded by Mr. Inaba and carried by the following
voice vote:
Ayes: Council Members Inaba. Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas, and
Chair David — 7.
Noes: None.
Absent: Council Members Chung and Kimball —2.
Excused: None.
CHR. DAVID: Thank you so much, Council Members, for this nice long day.
It's not over yet. Human Services will be convening in about five minutes.
MR. HENRICKS: Yes. Five o'clock. That's five minutes from now.
CHR. DAVID: Five o'clock.
MR. HENRICKS: Is that good?
CHR. DAVID: That's good. Five o'clock.
MR. HENRICKS: Good with everybody? Five o'clock.
CHR. DAVID: Alright. We're adjourned.
MR. HENRICKS: Thank you.
CHR. DAVID: Thank you.
Council Approval: SEP 0 7 2022
COUN - "
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