HomeMy WebLinkAboutMIN COUNCIL 2022-09-21 2020-2022 Hawaii County Council
491h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
September 21, 2022
INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:00 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David,
Chair.
ROLL CALL:
Present: Ms. Maile Medeiros David, Chair
Mr. Aaron S. Y. Chung, Vice Chair
Mr. Holeka Goro Inaba, Member
Mr. Matt Kdneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo; came in
later)
Ms. Heather L. Kimball, Member(via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo; came in later)
Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Hilo)
Ms. Rebecca Villegas, Member (came in later)
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Hawaii County Council-49 September 21,2022
Alohalani Hope Cermelj: Bill 195, Draft 3 (Comm. 911.9); and
Bill 200, Draft 2 (Comm. 938.2), in support.
Jon Olson: Bill 200, Draft 2 (Comm. 938.2), in support.
Timothy Rowan: Bill 200, Draft 2 (Comm. 938.2), in support.
Toby Hazel: Res. 522-22 (Comm. 959), in opposition;
Res. 523-22 (Comm. 960), in opposition; and
Bill 200, Draft 2 (Comm. 938.2), comment.
Eileen O'Hara: Bill 200, Draft 2 (Comm. 938.2), in support.
Julie Mitchell: Res. 534-22 (Comm. 974); and
(representing Zonta Club of Hilo Res. 535-22 (Comm. 975), in support.
Foundation)
Payton Welch: Bill 200, Draft 2 (Comm. 938.2), in support.
Madison Welch: Bill 200, Draft 2 (Comm. 938.2), in support.
Maki Morinoue: Bill 200, Draft 2 (Comm. 938.2), in support.
Carrie Kowalski: Bill 200, Draft 2 (Comm. 938.2), in support.
Jimmie Lee Franklin: Bill 200, Draft 2 (Comm. 938.2), in support.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval Mr. Inaba moved to approve the Minutes of August 17,
of Minutes: 2022. Seconded by Ms. Villegas and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba, Kimball, Villegas,
and Chair David—5.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Richards —4.
Excused: None.
CHR. DAVID: You know what, can we take a short recess? I'm going to take a
five-minute recess at this time. We're in recess.
Recess: At 9:35 a.m., the Chair called for a recess.
Page 2
Hawaii County Council-49 September 21,2022
Reconvene: The meeting reconvened at 9:40 a.m.
CHR. DAVID: Clerk Henricks, can we go to "Reports,"please?
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
PWMTC-21 APPOINTMENT OF STEPHEN PAUSE AS PUBLIC WORKS DIRECTOR
(Comm. 964):
Requires Council
Confirmation by: October 15, 2022 (Section 13-8,
Hawaii County Charter)
Motion to Approve: Mr. Inaba moved to adopt Public Works and Mass Transit
Committee Report No. 21. Seconded by Ms. Villegas.
CHR. DAVID: Any discussion? We have Mr. Pause on Zoom, Relley, I believe.
(Note: At this time, Acting Public Works Director Stephen Pause came
forward to address the members of the Council.)
CHR. DAVID: Good morning, Mr. Pause, and thank you for being here.
MR. PAUSE: Good morning, Chair David.
CHR. DAVID: Thank you. Council Members, any questions for Mr. Pause?
Ms. Kimball and Mr. Kaneali`i-Kleinfelder, if you have any questions, please
shout out, please.
MR. KANEALI`I-KLEINFELDER: Ms. David, I have a question.
CHR. DAVID: Thank you. Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Pause, I was going
through my emails and realized I haven't had a response from you on a few
emails. I just wanted to make sure I have your email right.
MR. PAUSE: Okay. It's steve.pause@hawaiicounty.gov, Council Member. Do I
owe you a response? I apologize.
MR. KANEALI`I-KLEINFELDER: You might. Thank you. Thank you, Steve.
I'll be supporting your nomination today. Thank you.
MR. PAUSE: Thank you, Matt.
Page 3
Hawaii County Council-49 September 21,2022
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Mr. Chung,
go ahead.
MR. CHUNG: Hey, Steve. I hope everything's going well up there; I mean, as
well as can be. I just wanted to thank you. Something came up over the last
24 hours, as you well know. I think you've been talking with Eva. I really do
appreciate you guys taking the time and being so responsive to that. A lot of
people are very happy about that; I don't want to go into detail. But thank you so
much.
CHR. DAVID: Thank you for that, Mr. Chung. All right, Mr. Pause, anything
else before we take the vote?
MR. PAUSE: I'm good. Thank you.
CHR. DAVID: All right. Well, best wishes to you and your `ohana. Okay. All
those in favor of filing Communication 964 and approving the appointment of
Stephen Pause as Public Works Director,please say "aye."
Vote on The motion to adopt Public Works and Mass Transit
PWMTC-21: Committee Report No. 21 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Villegas,
and Chair David—6.
Noes: None.
Absent: Council Members Kierkiewicz, Lee Loy,
and Richards —3.
Excused: None.
CHR. DAVID: Thank you very much. Thank you, Mr. Pause.
MR. PAUSE: Thank you so much and I appreciate, Madam Chair, your support
and all the support of the Council Members. We're going to get this done. Thank
you for your support.
CHR. DAVID: Mahalo. Take care.
MR. PAUSE: Bye.
CHR. DAVID: Bye-bye. Okay, Mr. Clerk, can we go to the top of ouroh, I'm
sorry. Bill 199, please.
Page 4
Hawaii County Council-49 September 21,2022
Bill 199: AMENDS ORDINANCE NO. 17-24, WHICH AMENDED ORDINANCE
NO. 12-111, WHICH AMENDED ORDINANCE NO. 99-116, WHICH
AMENDED ORDINANCE NO. 96-159, WHICH AMENDED SECTION 25-8-33
(CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED)
(FORMERLY REFERRED TO AS SECTION 25-114, CITY OF HILO ZONE
MAP, ARTICLE 3, CHAPTER 25, ZONING CODE), BY CHANGING THE
DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL—
10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—
7,500 SQUARE FEET (CN-7.5) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEYS: 2-2-044:031, 032, 035, AND 037
(Applicant: Hilo Senior Investments, LLC—formerly Island Heritage
Ventures, LLC) (Area: Approx. 7.402 acres)
The Windward Planning Commission forwards its favorable recommendation for
this request for a five-year time extension to Condition C (Time to Secure Final
Subdivision Approval). The applicant plans to develop an assisted living facility
and a commercial/retail building. The property is located on the southeast side of
the intersection of Kanoelehua Avenue and East Kahaopea Street.
Reference: Comm. 922
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: September 7, 2022
Motion to Approve: Mr. Inaba moved to pass Bill 199 on second and final
reading. Seconded by Ms. Villegas.
CHR. DAVID: Discussion, Council Members? If any, I just want to let you
know that the applicant is available for any questions. So, is there any further
discussion on this matter?
MR. KANEALII-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you. I have some heartburn about
this one. As I ran through the documents that were submitted, there is, from my
understanding at this point, about 17,000 gallons of water that will be discharged
in injection wells from a private septic system. Correct me if I'm wrong at any
point.
(Note: At this time, Jill Raznov, applicant's representative, came forward
to address the members of the Council.)
MS. RAZNOV: Yes, that's correct.
Page 5
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Okay. I spoke briefly with DEM,
Department of Environmental Management. There is a sewer system connection
available, although it is a distance from the site, so it would be a substantial cost.
But in everything that we have been taught so far, I mean, we need to get a handle
on septic systems and making sure we're not pumping water into our aquifers and
into our groundwater and into some of our coastal areas, although this is very
removed from the coast, about 2.3 miles in. I'm just concerned that in passing
this bill, although it's a time extension, I'm concerned that what we're doing is
allowing for the inundation of our aquifers with injection wells when we do have
an option on the table, which would be to connect to a sewer system, although
there would be a cost involved in that for the developer. I'd like to get a response
back from you folks, and I did shoot an email off to Tom Yeh just to get his feel
but I haven't gotten a response from him yet. So, if you could.
MS. RAZNOV: Thank you so much, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Introduce yourself, please.
MS. RAZNOV: Thank you. I was about to. Thank you so much. My name is
Jill Raznov. I'm an attorney and a representative for the applicant, which is Hilo
Senior Investments. The principal for the applicant is also present, I believe, by
Zoom. I don't see him up there. That person is John DeWald if you have any
questions for him as well.
I did want to, first of all, apologize, Mr. Kaneali`i-Kleinfelder, for not knowing
the answers to your question at the last hearing and forgetting I had read that case,
the Maui County case, earlier. I was on the spot, and I was kind of a deer in the
headlights. So, I apologize for that. It really was a good question, and we really
appreciate your concern. As surfers, as ocean users, as we are, as myself and
Tom Yeh and others that are on the team for applicant, we really appreciate this
because it's our playground, too, and we care a lot about this island and the ocean
and the environment.
It was a good question and we went back; it sparked a lot of discussion. It
sparked analysis. It sparked research. I just wanted to, first of all, let you know
that if our memo (memorandum) we did, by the way, draft a memo and we sent
it to all the Council Members. I hope everyone had a chance to absorb that. It
was a little lengthy; I apologize. But it's kind of a big policy issue, and there was
a lot to absorb.
The wastewater treatment facility system that is in design right now is only a
design. So, the injection well hasn't been determined yet. Another design option
that we've considered that our engineers, EPI(Engineering Partners, Inc.), which
is a local Hilo company headed by Yen Wen Fang, who is the principal engineer,
was absorption beds. So, that's another idea that's being floated on the table. Just
so you know, none of these are set in stone.
Page 6
Hawaii County Council-49 September 21,2022
Tom did share your email with me and then the response from Ramzi Mansour,
the head of DEM. So, we've sent that over to Yen, who looked at that, and his
response was really interesting. What he said was that, first of all, as you know,
we'd have to look at cost, feasibility, and any improvements—result and
improvements and potential environmental impacts. So, as far as cost, we'd have
to look at that in combination with other costs because if it makes the project
infeasible, then obviously we can't do that.
Technical feasibility beyond the long-distance connection because my
understanding is the connection would be over a mile—was, according to Yen,
the topography is a problem and that may be a problem. It looks like, from his
just initial analysis, that there may not be enough downward slope. If that's the
case, then it would require a sewer pump station and a force main, which could
dramatically increase the cost. Not only that, but it might not provide the
reimbursement opportunity from adjacent landowners to also connect, which is
where we would get some of the cost back.
Another issue that he discussed with us was that taking the—it may not be any
less environmental impactful than the onsite treatment and injection strategy
and/or the absorption bed. The reason for that is because the County of Hawaii
treats their wastewater with chlorine, and then it, too, discharges it into the ocean,
except it's offshore. So, our idea does not require treatment disimpaction with
chlorine. And I guess the chlorine, the disimpaction could have potentially
harmful by-products but I don't know. I haven't looked too much into that. But
we are going to continue to look at that, and we appreciate you bringing that up.
What I wanted to assure you of is that, well, first of all, as you saw, the Maui
County cases were so starkly different. They involved 40,000 people, 3 million to
5 million gallons per day being discharged into the ocean at a half mile away.
We're talking about 120-bed assisted living facility that's equivalent with the
average estimation, right now, of 17,740 gallons per day. It's equivalent to a
44-unit subdivision based on 400 gallons per day,per resident. And it's also over
two miles from the ocean. So, there's a huge difference. But, given that, we're
still reviewing this. While we don't think the project would fall into this category
and require the NPDES (National Pollutant Discharge Elimination System)
permit, we're prepared to follow those guidelines if required. We're working
with DOH (Department of Health). We're going to work with DOH, and we're
going to get the permit if that's what's required.
I appreciate your concerns, Member Kaneali`i-Kleinfelder, but I do again want to
just really impress upon you how critical this facility is for East Hawaii. We
don't have any assisted living facilities here on this side of the island. We have
one on the entire island and it's in Kona. If you look at demographics, we're all
aging, as sobering as it is and as much as we don't want to admit it. All of us are
Page 7
Hawaii County Council-49 September 21,2022
aging, and we are going to need this facility. Maybe not us, or maybe we will but
maybe our family members will. I might need it someday. It's going to be
beautiful. It's going to be done ethically. It's going to be done right.
We've worked with the applicant, John DeWald, for many years. He's been our
client since the get-go, and he's the only one that's shown the ability, the financial
ability, the staying power, the intelligence to develop this property that's really
just been sitting there on that corner of Kahaopea and Kanoelehua for decades,
undeveloped. So, this is a great project, and it's not just going to be shopping
centers or homes. It's going to be something that we really could use big time.
It's critical.
I'm here to answer any questions, and I thank you for your time and your
attention. I just humbly and respectfully ask for your support for this project.
Thank you so much.
MR. KANEALI`I-KLEINFELDER: Thank you for that, Jill.
MS. RAZNOV: Thank you.
MR. KANEALI`I-KLEINFELDER: How clean is the water going into the
ground, or expected to be going into the ground?
MS. RAZNOV: How clean is the water expected going into the ground? Well,
it's wastewater. So, my understanding is, and I don't know
(Note: At this time, John DeWald, applicant, came forward to address the
members of the Council.)
MR. DEWALD: I can step in on that question.
MS. RAZNOV: Please do.
MR. DEWALD: My understanding is that we'll have to meet the same standards
as the wastewater treatment plant. So, we'll be reducing. And the primary
concern with this kind of effluent is the nutrients the nitrogen and phosphorous
and so on. We'll be required to meet the same limits that the public wastewater
treatment facility would have. So, it'll be as clean as that effluent already when
we inject it into the ground.
MR. KANEALI`I-KLEINFELDER: Okay. Who monitors the water quality?
MR. DEWALD: There are services that monitor it, and then we have to provide
testing to the Department of Health. I do not know the frequencies of those
things, but there is a monitoring requirement as part of the licensing of the
facility.
Page 8
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Okay. I appreciate the facility as you stated.
I appreciate your commitment to the Council and to the County and to our
community about making this as good of a plan as you can, and that you're still
waiting on DOH for NPDES and going through the steps. I am concerned that as
we move towards everyone being on septic systems and removing cesspools
across the island, given our water quality issues that we've begun to experience in
the lower lying areas, that this is going to negatively affect our water quality.
More so than an assurance verbally at the Council, I would like to see something
in this document that kind of signifies what we've spoken about today; that in the
case of you not getting an NPDES permit, that you're going to have to go back to
the drawing board. Something that assures the County that you're fulfilling what
the community needs you to fulfill. And if you were willing to come up with an
amendment to the ordinance that really signified what we've spoken about today,
I'd be willing to support this. Otherwise, I won't be supporting this today.
MS. RAZNOV: That's fair. I'm not sure what the amendment would be because
this is just a time extension request at this point. I do believe, though, that the
ordinance itself does haveI think we mentioned in our memo in Section J that it
requires us to abide by the standards of DOH. I have to pull up the ordinance. If
you give me a moment, I could find that.
MR. KANEALI`I-KLEINFELDER: Section J: "The method of sewage disposal
shall meet with the requirements of the State Department of Health."
MS. RAZNOV: Correct. Would that meet your concerns?
MR. KANEALI`I-KLEINFELDER: It does. I'm just looking for a little bit more.
Maybe what I'm asking for is unnecessary, but I like having it in writing.
MS. RAZNOV: Again, I heard you say, "cesspools." I'm not an engineer,
obviously, but my understanding is that this is not a cesspool. This is (inaudible).
This is very different from a cesspool.
MR. KANEALI`I-KLEINFELDER: It's not but the cesspool systems contain the
solids and then let the water flow through an absorption bed. The plans that I'm
seeing right now are calling for injection wells. So, treatment: inject. I'm no
wastewater engineer but I have come to understand the difference. I've come to
also understand where the State is headed and where they want the counties to be.
I'm looking at water quality reports from Paradise Park versus upper Puna and
what we're seeing in our water. Injection wells don't scream taking care of our
water supply.
In light of Red Hill and different things happening, I want to make sure we're
protecting our water sources for future generations to the best of our ability. And
this may not be to the best of our ability.
Page 9
Hawaii County Council-49 September 21,2022
MR. DEWALD: This system would have primary and secondary treatments done
on the effluent prior to its injection. So, it's treated much more significantly than
a typical cesspool or septic system. It's treated with the same standards that the
water treatment plant that you would be sending to if you used a sewer system.
MR. KANEALI`I-KLEINFELDER: Okay. Maybe I'm being unnecessary.
Maybe a little over the top. But I just want to make sure we're just nailing these
points because I'm looking around and I'm realizing. And I've had a few people
contact me and say, "Make sure you take care the water for our kids." That is
really my ultimate goal here. I just want to make sure we're doing our best. If
you're able to connect to the County sewer system, I think it's a plus. It could
work out better for you folks in the long run, and it works out better for the
County and for our community. So, that's my heartburn kind of in a nutshell.
If you're willing to work with me on an amendment, that's fine. If not, I'll vote
"no"todayI may be the only one—and we can just move forward. That's my
two cents.
MS. RAZNOV: Thank you. I don't know that we can amend today, but I would
be willing to continue to keep you in the loop, and also just reassure you that
injections wells haven't been determined. So, we are looking at all of the options
now, including the sewer option as well—connection.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you. Thank you for your
time, Mr. DeWald.
MR. DEWALD: You're welcome.
CHR. DAVID: Do you yield?
MR. KANEALI`I-KLEINFELDER: Chair, I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none
MS. KIMBALL: Chair? This is Council Member Kimball.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. Do we have anyone from the Planning Department
on the call, Relley?
MR. ARACELEY: (Inaudible.)
MS. KIMBALL: Okay. My question actually stems from the conversation with
Council Member Kaneali`i-Kleinfelder here, and my limited understanding of the
Page 10
Hawaii County Council-49 September 21,2022
process of developing properties, which is at what point this assessment of the
wastewater system would come into play. Maybe you can answer this; I'm not
sure if you can. But we're doing the five-year extension to allow more time for
the subdivision approval.
I'm not sure if the wastewater plan would come in as part of the subdivision
approval requirements, or when you get to the point of actually designing the
wastewater system and the building, the development, if it's part of the building
process. Because I believe—again, not an expert in this that you spin it for your
building permit. You propose your wastewater treatment at that time, and then
DEM reviews it to make sure it's in compliance with DOH. That's the stage at
which an NPDES permit—the determination will be made. If there's anybody out
there that knows the answer to this question of where that typically does happen
in the process because
—
I certainly agree with my colleague. We want to protect our groundwater
resources as well as our near-shore resources. Hawaii Island's funky in the
standpoint of the hydrology is really weird. So, you may be two miles away, but
there might be a lava tube; the straight shoot out to the ocean, right. And that's
not something that we have the qualifications to determine. But I think that
there's another step here where whatever you're going to propose as your
wastewater treatment would be evaluated by DEM and DOH. Maybe that's the
simple question that I am trying to ask.
MS. RAZNOV: I believe that you are correct, Council Member Kimball. This
time extension is not just to do the subdivision, but to basically finish all the
entitlements to get to the building permit stage.
MR. DEWALD: Maybe I can step in here real quick. My understanding is that
this is an extension to finish the subdivision plan. We need to have a subdivision
plan completed before we can submit the building plans. That also would include
the wastewater for treatment plans. So, we have to get to that first step, as you
mentioned, before we can submit the next step of plans, which are the detailed
plans both for the building and for the wastewater treatment facility. So, that's
why we cannot delve deeply into these issues yet as that's the next stage after this
point.
MS. KIMBALL: Thank you for that. I know we don't have time here probably
to get somebody from Planning or one of the other departments on the line to just
affirm that. But I think that that is correct, that there's still some check and
balances to be done here on whatever design you ultimately propose for that
wastewater. I will say that we don't have enough guidance yet from DOH with
regard to the injection wellsI think I mentioned this last time—and the NPDES
requirement. But hopefully in the interim here that will be forthcoming from the
official rules from DOH. Thank you.
Page 11
Hawaii County Council-49 September 21,2022
MS. RAZNOV: If I may, Council Member Kimball,just follow up. I did check;
the rules had not been amended since that case. So, you are correct. Also, I am
looking here at our request to amend the change of zone ordinance. It does talk
about submission of the solid waste management plan to DEM for review and
approval prior to final plan approval, and final plan approval is required as
Condition F of the ordinance. So, it would be part of this five-year process.
MS. KIMBALL: Okay, thank you. That clears it up. All right, thank you, Chair.
I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none,
Clerk Henricks, roll call please.
Vote on Bill 199: The motion to pass Bill 199 on second and final reading
(Adopted) was carried by the following roll call vote:
Ayes: Council Members Chung, Inaba, Kimball,
Richards, and Chair David—5.
Noes: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much. All right,now we can move to the top of
the agenda. Thank you, everyone.
MS. RAZNOV: Thank you so much.
MR. DEWALD: Thank you.
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.
Page 12
Hawaii County Council-49 September 21,2022
Res. 503-22: ACCEPTS THE DEDICATION OF ROADWAY LOT 9-L-6-A,
AREA 808 SQUARE FEET, BEING IDENTIFIED AS TAX MAP
KEY: 2-4-025:134, SITUATED AT KUKUAU 1sT, DISTRICT OF
SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII,
FROM GIAMPAOLO BOSCHETTI
The landholder seeks to dedicate the roadways and all improvements for public
roadway purposes.
Reference: Comm. 931
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-22
Motion to Approve: Mr. Inaba moved to adopt Res. 503-22 and Public Works
and Mass Transit Committee Report No. 22. Seconded by
Ms. Villegas.
CHR. DAVID: Discussion, Council Members? Mr. Inaba, go ahead.
MR. INABA: Just wanted to confirm. Is anybody from DPW (Department of
Public Works) in our Zoom? Okay, if not, I know you folks had this in
Committees, which I was absent at. Everything was checked out with the
Department at that last meeting?
CHR. DAVID: Yes, they explained it.
MR. INABA: Okay, thank you.
CHR. DAVID: All right. Anyone else? Seeing none, all those in favor of
approving Resolution 503-22, please say "aye."
Vote on Res. 503-22: The motion to adopt Res. 503-22 and Public Works and
(Adopted) Mass Transit Committee Report No. 22 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Page 13
Hawaii County Council-49 September 21,2022
Res. 519-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE PITNEY BOWES DIGITAL MAILING SYSTEM FOR THE HAWAII
COUNTY POLICE DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$160.99.
Reference: Comm. 956
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-188
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 519-22 and
Finance Committee Report No. 188. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: No further discussion. We had good
discussion at Committee level. Thank you.
CHR. DAVID: Thank you. Seeing no other comments, all those in favor of
approving Resolution 519-22, please say "aye."
Vote on Res. 519-22: The motion to adopt Res. 519-22 and Finance Committee
(Adopted) Report No. 188 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Res. 520-22: CHANGES TIME ELEMENT OF A HALF-TIME
CUSTODIAN/GROUNDSKEEPER I POSITION TO FULL-TIME
Requests increased time element to service the Police Department's Honoka`a and
Laupahoehoe stations.
Reference: Comm. 957
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-189
Page 14
Hawaii County Council-49 September 21,2022
Vote on Res. 520-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 520-22 and
(Adopted) Finance Committee Report No. 189. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Res. 521-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
HAWAIIAN HOME LANDS PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH
AND DEVELOPMENT DEPARTMENT
Allows for the receipt of$500,000 by the County,which would be used to renovate
the Feed Mill at the University of Hawaii at Hilo and to study the potential of new
feedstock sources.
Reference: Comm. 958
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-190
(Note: Comm. 958.1, from Finance Director Deanna Sako dated September 20,
2022, transmitting proposed amendments to Res. 521-22, was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 521-22 and
Finance Committee Report No. 190. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: My continued support for this program. I
yield, Chair.
CHR. DAVID: Thank you. Mr. Inaba.
Motion to Amend: Mr. Inaba moved to amend Res. 521-22 with the contents
of Comm. 958.1. Seconded by Ms. Villegas.
CHR. DAVID: Thank you. Is Director Sako in the chambers in Hilo?
MS. KIMBALL: Yes, she is, Chair.
CHR. DAVID: Thank you.
Page 15
Hawaii County Council-49 September 21,2022
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning.
CHR. DAVID: Good morning.
MS. SAKO: The amendment is much like yesterday where we had "Office of the
Mayor"rather than "Mayor"to sign the agreement. So, it's just making those
simple amendments.
CHR. DAVID: Thank you. Any questions on the amendment, Council
Members? Ms. Villegas, go ahead.
MS. VILLEGAS: Just a quick question here. Number 2, where it says, . . . shall
transmit copies of this resolution to the Office of Management . . .7
MS. SAKO: That's the official name for the Mayor's department.
MS. VILLEGAS: Gotcha. Thank you. Okay, I appreciate it. No further
questions.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in
favor of amending Resolution 521-22 with the contents of Communication 958.1,
please say "aye."
Vote on Motion to The motion to amend Res. 521-22 with the contents of
Amend: Comm. 958.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Page 16
Hawaii County Council-49 September 21,2022
Vote on Motion to Mr. Inaba moved to suspend Council Rule 24 to waive the
Suspend Council holdover for the substantive amendment of Res. 521-22.
Rules: Seconded by Ms. Villegas and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Vote on Res. 521-22: The motion to adopt Res. 521-22, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 190 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Lee Loy —2.
Excused: None.
Res. 522-22: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO
BROOKE & KIM AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF
HAWAII, DEPARTMENT OF HUMAN RESOURCES, WORKERS'
COMPENSATION DIVISION
Extends the retention of special counsel services with additional compensation of
$50,000 and total compensation not to exceed $660,000.
Reference: Comm. 959
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-191
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 522-22 and
Finance Committee Report No. 191. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: No discussion, Chair.
CHR. DAVID: Thank you. Mr. Chung, go ahead.
Page 17
Hawaii County Council-49 September 21,2022
MR. CHUNG: Judge Strance, could I ask you just a very simple question? Of
course, I do support this because I know the last time it was made very clear to me
that this is a good deal,just like yesterday.
(Note: At this time, Corporation Counsel Elizabeth Strance and Deputy
Corporation Counsel Keyra Wong came forward to address the members
of the Council.)
MS. STRANCE: Elizabeth Strance, Corporation Counsel. I've asked Deputy
Keyra Wong to come up to the table with me, as she's most familiar with these
resolutions.
MR. CHUNG: I mean, well, this is a general question relating to special counsel
situations, because it may bare relevance to other things that might come down in
the future after we're gone. How do we know that the amount that's being billed
is accurate and is reflective of work actually done? Is there some kind of checks
and balances, or we're just whatever they turn in,we say, "Okay." What's the
process? This is a general statement, not specifically relating to this contract but
tangentially related.
MS. WONG: Good morning. Keyra Wong, Deputy Corporation Counsel. I
believe Sommer Tokihiro and Waylen from DHR (Department of Human
Resources) are in Hilo chambers. They can answer that question.
MR. CHUNG: Who?
MS. WONG: Sommer Tokihiro. She heads the Workers' Compensation Division
for the DHR.
MR. CHUNG: Oh, okay.
(Note: At this time, Human Resources Director Waylen Leopoldino and
Human Resources Manager Sommer Tokihiro came forward to address
the members of the Council.)
CHR. DAVID: Just identify yourselves for the record. Thank you.
MR. LEOPOLDINO: Waylen Leopoldino, Director of Human Resources for the
County of Hawaii.
MS. TOKIHIRO: I'm Sommer Tokihiro, division head for Workers'
Compensation. I cannot speak to all special counsel contracts according to
Council Member Chung's question, but pertaining to this special counsel contract,
they invoice our office for time and expense on a monthly basis. So, we actually
have a record of all correspondence generated that we can cross reference with the
billing every month, or the time spent attending Department of Labor hearings
Page 18
Hawaii County Council-49 September 21,2022
and things of that nature. So, we do receive an itemized invoice on a monthly
basis and then we're double-checking all of that information before approving for
payment.
MR. CHUNG: Okay. I guess this is with you guys, so I don't want to go outside
of the scope of what we're talking about. But I think it's something that should
be asked for each of these special counsel contracts because what's to stop
someone from coming in with a $1 million bill, right, on these special counsel
arrangements. And if there's no way to really check on whether the work is
reasonable, we're going to be in some deep trouble. I just wanted to say that. But
not for this specific. So,just think about it.
MS. STRANCE: Elizabeth Strance, Corporation Counsel. Different departments
retain special counsel for different reasons. My hope would be that invoices
would be looked at in the same manner that any professional services contract is,
in that there would be somebody reviewing fees and costs for reasonableness and
following up with the provider if they thought something was off-base.
MR. CHUNG: There is some level of scrutiny, then, on the administrative level
when we make payment or get authorization to pay, I suppose. Right?
MS. STRANCE: I didn't hear you, I'm sorry.
MR. CHUNG: I mean, it is scrutinized by either the Human Services or Corp.
(Corporation) Counsel or whoever is tasked with the responsibility of
administering that particular special counsel contract. Or do we just accept
whatever they give?
MS. STRANCE: I cannot speak to what all departments do, but is there they're
specialized but there is still a type of professional service agreement and should
be scrutinized in the same manner that any professional service invoice is
scrutinized.
MR. CHUNG: Okay. Well, I don't want to belabor the point and waste people's
time on this, but I just wanted to say to all of my colleagues, in going forward, be
very careful on these matters. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Mr. Inaba, go ahead.
MR. INABA: Thank you. Follow up on Mr. Chung's question. The request here
is coming from the Office of Corporation Counsel. So, who is ultimately
responsible for ensuring the proper expenditure of these funds? Is it Corporation
Counsel or is it Department of Human Resources in this case?
MS. WONG: Thank you for the question. I think, ultimately, it's both the
Department of Human Resources and our office, since we are seeking the
Page 19
Hawaii County Council-49 September 21,2022
authorization to employ special counsel. But from my understanding, the funding
comes from DHR, and they're the ones who intake the invoices for time and
expenses. Of course, if there are issues, they would bring that to our office's
attention. So, to answer your question, I think both departments are responsible.
MR. INABA: Okay. According to the Charter, does it have to be the Office of
Corporation Counsel that makes this request, or can a department make the
request themselves? Because, right now, we look at the reso (resolution) and the
contact information is for Corporation Counsel, but you folks aren't going to be
the ones actually doing the day-to-day for this contract.
MS. WONG: I think, under the Charter, technically it is under Corporation
Counsel since we are asking to employ special counsel. Of course, if there are
any questions, you can contact myself or my office and we would get together
with DHR to go over any issues.
MR. INABA: Thank you, Keyra. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Inaba. Hilo, any questions on that end? And I'd
just like to note for the record that Ms. Kierkiewicz and Ms. Lee Loy have now
joined us. Welcome, ladies. Any questions for Corporation Counsel? Seeing
none—Mr. Chung, go ahead.
MR. CHUNG: Just following up on what Holeka talked about. I just want to
make it very clear I'm not speaking about this. I'm not questioning that. But it's
just some things that may come afterwards. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Before I take the vote, Ms. Wong, in
negotiating retention of these counsel, do you folks actually just accept what they
charge hourly, or do you folks have an opportunity to negotiate based on what
kind of case it is?
MS. WONG: Thank you for the question. Actually, the way the professional
services procurement works, they propose a statement of qualifications. They
propose billing rates. They actually gave us a new hourly rate, and they hadn't
raised their rate since 2009. But actually, the rate that we settled on for associate
attorneys, which they are the ones primarily doing the work, is a $5 increase since
2009. And then the paralegal's rate was a $30 increase since 2009. So, there is
the ability for us to negotiate, and actually we came out of a pretty good deal
since we employed them since 2009.
CHR. DAVID: I see. 2009 is a long time. So, that's my question, that you folks
do have the ability to have a say in what the County's going to be spending, yeah?
MS. WONG: Yes.
Page 20
Hawaii County Council-49 September 21,2022
CHR. DAVID: Okay. Well, that's good to know. Thank you for that question,
Mr. Chung. Seeing no other comments, all those in favor of approving
Resolution 522-22, please say "aye."
Vote on Res. 522-22: The motion to adopt Res. 522-22 and Finance Committee
(Adopted) Report No. 191 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
Res. 523-22: AUTHORIZES THE HIRING OF LEONG KUNIHIRO BROOKE & KIM AS
SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII,
DEPARTMENT OF HUMAN RESOURCES WORKERS' COMPENSATION
DIVISION
Allows the Office of the Corporation Counsel to retain special counsel for legal
services with specific expertise in workers' compensation matters, with funds not to
exceed $300,000.
Reference: Comm. 960
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-192
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
Vote on Res. 523-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 523-22 and
(Adopted) Finance Committee Report No. 192. Seconded by
Mr. Inaba and carried by the following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much.
Page 21
Hawaii County Council-49 September 21,2022
Res. 524-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
WITH SPECIAL COUNSEL FOR LEGAL AND PROFESSIONAL SERVICES
COVERING WORKERS' COMPENSATION MATTERS
Authorizes the Mayor to enter into a three-year agreement with the law firm of
Leong Kunihiro Brooke & Kim to provide legal services on a continuous basis to
maintain consistency in the management and handling of workers' compensation
claims.
Reference: Comm. 961
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-193
Vote on Res. 524-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 524-22 and
(Adopted) Finance Committee Report No. 193. Seconded by
Mr. Inaba and carried by the following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you.
Res. 529-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ENVIRONMENTAL
RESTORATION FOR EXPENSES RELATED TO THE CONSERVATION AND
PRESERVATION OF KEAU'OHANA STATE FOREST RESERVE
Transfers $5,800 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 968
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 529-22. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
Page 22
Hawaii County Council-49 September 21,2022
MS. KIERKIEWICZ: Thank you, Chair. I think from my first term in office I've
been supporting Jaya Dupuis and the work of their volunteers to continuously
remove invasive species and restore rainforests at Keau`ohana Forest Reserve.
So,just looking for everybody's continued support for this. Fifty-eight hundred
dollars is something that's going to go a long way to supporting year-round
stewardship efforts. So, thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none,
Mr. Clerk, go ahead.
Vote on Res. 529-22: The motion to adopt Res. 529-22 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much.
Res. 530-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE SALVATION ARMY TO
REPLACE FOOD AND SUPPLIES STOLEN FROM ITS KONA CORPS
COMMUNITY CENTER
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 969
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 530-22. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. Asking for my colleagues' support on this resolution.
This was something that was in the news. Right before school started, school
supplies, food, and other goods were stolen from the Salvation Army here in
Kona. So,just helping to make up some of what was stolen. Asking for your
support. Mahalo.
Page 23
Hawaii County Council-49 September 21,2022
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Resolution 530-22, please say "aye."
Vote on Res. 530-22: The motion to adopt Res. 530-22 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. 532-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII FOR ITS
MAKAHIKI EVENT IN NA`ALEHU
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 971
Intr. by: Ms. David
Motion to Approve: Mr. Inaba moved to adopt Res. 532-22. Seconded by
Ms. Villegas.
CHR. DAVID: Thank you. Council Members, I just want to request that you
continually support this effort for Vibrant Hawai`i's makahiki event in N5'51ehu.
All those in favor
MS. KIERKIEWICZ: Chair David?
CHR. DAVID: Go ahead. I'm sorry, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Mahalo nui. I just wanted to take a moment to let you
know that I'm a volunteer board member of Vibrant Hawaii, and I'm co-chair of
the Resilience Hubs stream. I really appreciate all the work that you're doing to
support your community hubs. That being said, because of my connection to the
organization, I will be recusing myself from the vote. Thank you.
CHR. DAVID: Thank you very much for that. Anyone else? Seeing none, all
those in favor of approving Resolution 532-22,please say "aye."
Page 24
Hawaii County Council-49 September 21,2022
Vote on Res. 532-22: The motion to adopt Res. 532-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David–8.
Noes: None.
Absent: None.
Excused: Council Member Kierkiewicz– 1.
Res. 533-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK
NEIGHBORHOOD WATCH FOR COMMUNITY ENGAGEMENT AND
HOLIDAY EVENTS
Transfers $6,000 from the Clerk-Council Services –Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 972
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 533-22. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Every time Judi Houle—she is the
organizer/grand master behind all of the Puna neighborhood watches. Any time
she just picks up the phone and calls me, I don't even need to hear what she has to
say. I'm like, "Yes, Judi. Whatever you need." She is someone that has so much
aloha for community. So, happy to be providing a little bit of money to support
their monthly food pantry. She does a lot to make sure that we're fostering a
sense of community within Hawaiian Paradise Park. So,just looking for
everyone's support for this measure. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Resolution 533-22,please say "aye."
Page 25
Hawaii County Council-49 September 21,2022
Vote on Res. 533-22: The motion to adopt Res. 533-22 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. 534-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ZONTA CLUB OF HILO
FOUNDATION FOR ITS SERVICE PROJECTS THAT ARE DEDICATED TO
EMPOWERING AND INSPIRING YOUNG GIRLS
Transfers $2,000 from the Clerk-Council Services –Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 974
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 534-22. Seconded by
Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. Just to disclose, I am a member of Zonta
Club although I don't hold a leadership position or any position that has to do
with any fiscal responsibility. I support this club. I always have because of their
efforts to empower young girls and women; raise their confidence level and keep
them in the STEM (science, technology, engineering or mathematics) fields and
things like that. So, I just ask for my colleagues' support for this excellent
program these three excellent programs, I should say that Zona Club provides.
Thank you. Chair, I yield.
CHR. DAVID: Thank you very much. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. This has to do with the next—this and the
next resolution; I also am a member of the Zonta Club of Hilo with Council
Member Kimball. I just want to mahalo her and Council Member Matt Kaneali`i-
Page 26
Hawaii County Council-49 September 21,2022
Kleinfelder for their contribution to Zonta. I mean, we all have daughters and I
think a lot of the work that Zonta is doing to empower them is incredibly
important, so I appreciate their contribution. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Resolution 534-22,please say "aye."
Vote on Res. 534-22: The motion to adopt Res. 534-22 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. 535-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ZONTA CLUB OF HILO
FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS
"MAGNIFICENT ME" CONFERENCE
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 975
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 535-22.
Seconded by Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Mahalo.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 535-22, please say "aye."
Page 27
Hawaii County Council-49 September 21,2022
Vote on Res. 535-22: The motion to adopt Res. 535-22 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. 536-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO
ASSIST WITH EXPENSES FOR ITS MAKAHIKI EVENTS IN NORTH HILO
AND KOHALA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 976
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 536-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. Just happy to join my colleagues and
supporting some of these makahiki events in my district. There are several of
these hubs in District 1, and so just excited to contribute to this. I was able to
participate in one pre-makahiki event in Papa`ikou, and I'm very excited to see
the community building that's happening with these events. Thank you, Chair, I
yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else?
MS. KIERKIEWICZ: Chair David?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I really appreciate Council Member Kimball's
contribution, but I'm going to be recusing myself from this vote given my
volunteer board position with Vibrant Hawaii. Thank you.
CHR. DAVID: Thank you for that. Anyone else?
Page 28
Hawaii County Council-49 September 21,2022
MR. RICHARDS: Yeah, Chair. Richards.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: I just wanted to thank Councilwoman Kimball. She's
District 1. I'm District 9. We're canoe districts so we share. Thank you. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of approving Resolution 536-22,please say "aye."
Vote on Res. 536-22: The motion to adopt Res. 536-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Kierkiewicz— 1.
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
Return to MR. KANEALI`I-KLEINFELDER: Ms. Kierkiewicz just reminded me we have
Res. 534-22 and this whole time-sensitive thing for some of our events. I want to make sure that I
Res. 535-22: don't miss the funding opportunity here, so I'd like to make a motion to waive the
five-day reconsideration on Resolution 535-22.
CHR. DAVID: Thank you.
MR. INABA: Second.
CHR. DAVID: Moved by Mr. Kaneali`i-Kleinfelder; seconded by Mr. Inaba to
waive the five-day reconsideration hold on 535-22.
MR. KANEALI`I-KLEINFELDER: Chair, can we also add 534-22 to that same
motion?
CHR. DAVID: Thank you.
MR. KANEALI`I-KLEINFELDER: Let me restate the motion then.
Page 29
Hawaii County Council-49 September 21,2022
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 15 to waive the 5-day hold for reconsideration on
Rules on Res. 534-22 and Res. 535-22. Seconded by Mr. Inaba and
Res. 534-22 and carried by the following voice vote:
Res. 535-22:
(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.
MR. KANEALII-KLEINFELDER: Mahalo, Chair.
CHR. DAVID: Thank you.
Res. 541-22: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
APPROXIMATELY $110,000 TO THE HAWAII POLICE DEPARTMENT
The donation from IRONMAN would be used for overtime costs to staff police
officers at traffic points along the 2022 IRONMAN World Championship triathlon
route in Kailua-Kona.
Reference: Comm. 983
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
and
Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting
proposed amendments to Res. 541-22.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 541-22.
Seconded by Mr. Inaba.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 541-22
with the contents of Comm. 983.1. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. This matter was waived.
MR. KANEALII-KLEINFELDER: No discussion, Chair. Thank you very
much.
CHR. DAVID: Thank you. Any other questions from Council Members? I
believe Director Sako is still in the room.
MR. KANEALII-KLEINFELDER: She is.
Page 30
Hawaii County Council-49 September 21,2022
CHR. DAVID: Okay, is there any more questions? No more questions? All
right, all those in favor of approving the motion to amend Resolution 541-22 with
the contents of Communication 983.1, please say "aye."
Vote on Motion to The motion to amend Res. 541-22 with the contents of
Amend: Comm. 983.1 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: Now, back to the main motion; Resolution 541, as amended. Can
we have a motion?
MR. INABA: I have a question.
CHR. DAVID: Go ahead.
MR. HENRICKS: Prior to further deliberation, you would require a suspension
of the Rules.
MR. INABA: Chair, motion to suspend our rules so we can continue discussion.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 24 to waive the
Suspend Council holdover for the substantive amendment of Res. 541-22.
Rules: Seconded by Ms. Villegas and carried by the following
(Approved) 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: Go ahead, Mr. Inaba.
MR. INABA: Thank you. Director Sako, could you please give us an idea about
how we came to the amount that is being accepted for HPD (Hawai`i Police
Department) services during the two-day IRONMAN event this year?
Page 31
Hawaii County Council-49 September 21,2022
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning, I think. We kind of went through and looked at
what the estimated overtime hours are. Police did that because they were not able
to get enough officers to accept special duty. So, they had to move to overtime to
ensure the safety of the public and the participants. They went through and did
the calculation to the best of their ability, based on certain assumptions that were
made. But that's the amount that was agreed upon that IRONMAN will be
donating. If the amount comes out significantly different, we'll go back to them
and have further discussion.
MR. INABA: Okay. But as of now, this 240,000 is expected to cover all special
duty and all overtime costs that are going to be incurred by the County?
MS. SAKO: Correct. Any cost the County will incur, yes.
MR. INABA: Okay. Thank you, Director Sako. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Kierkiewicz. Oh, I'm sorry, Ms. Lee Loy. You
sounded the same for a minute. Sorry. Go ahead.
MS. LEE LOY: Thank you. Deanna, you mentioned special duty and I just kind
of went into Police. But then Mr. Inaba just mentioned covering all overtime
costs. So, is this just for Police, or is it Police and Fire? Or is it Police, Fire,
Public Works?
MS. SAKO: This particular one, my understanding, is for Police for it to do the
traffic control and keep everyone safe.
MS. LEE LOY: Okay. And then a real quick question, if you can answer it,
because there's some rules around overtime, or then shift work and then taking
special duty work. Has all of that been taken into consideration?
MS. SAKO: I'm assuming Police has worked out everything, yes.
MS. LEE LOY: Right on. Thank you. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none,
Director Sako, the monies coming specifically to cover this is within the Police
Department's budget to cover expenses such as this?
Page 32
Hawaii County Council-49 September 21,2022
MS. SAKO: They don't have enough. So, later on the agendaI believe it's
Bill 211; it's to appropriate these funds so they can spend it on the additional
overtime they weren't anticipating.
CHR. DAVID: I see. Is there any agreement as far as getting a shared
contribution from the event itself? No?
MS. SAKO: Over and above for overtime?
CHR. DAVID: Well, for expenses incurred to handle special events because it's
over and above what we normally budget for in the Police budget. So, I was just
wondering whether there's a contributory method for this. If not, it comes out of
our pocket totally.
MS. SAKO: Right. Normally, it would come out of our pocket, but we're
fortunate that they're going to be covering these costs for us.
CHR. DAVID: They're going to be what?
MS. SAKO: Covering these costs for us. Normally, they would hire special duty
officers, but there weren't enough available. So, this was the agreement reached.
CHR. DAVID: Okay. All right. Anyone else? Seeing none, all those in favor of
approving Resolution 541-22, as amended with Communication 983.1, please say
Ic aye.
Vote on Res. 541-22: The motion to adopt Res. 541-22, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Page 33
Hawaii County Council-49 September 21,2022
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 15 to waive the 5-day hold for reconsideration.
Rules: Seconded by Mr. Inaba and carried by the following voice
(Approved) 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.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 195 The following individuals registered to speak and came forward when called by
(DRAFT 3) the Chair:
(COMM. 911.9):
Michael Konowicz: Comment.
(representing Big Island Press Club)
Chris Leonard: In opposition.
(representing Hawaii Association of
Broadcasters and New West Broadcasting
Corp.)
MR. KANEALI`I-KLEINFELDER: Chair? I just had a clarifying question for
Mr. Leonard.
CHR. DAVID: Excuse me, Mr. Kaneali`i-Kleinfelder, it's a clarifying question.
Yes or no. Thank you.
MR. KANEALI`I-KLEINFELDER: Okay. Mr. Leonard, have you ever been
requested to shut down your system?
MR. LEONARD: I have not.
MR. KANEALI`I-KLEINFELDER: Never by the County?
MR. LEONARD: Never by the County.
Page 34
Hawaii County Council-49 September 21,2022
MR. KANEALII-KLEINFELDER: Okay. I'll bring you back up during the
conversation for a few more questions.
MR. LEONARD: Thank you.
MR. KANEALII-KLEINFELDER: Thank you, sir.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you, Chair.
Dane DuPont: Comment.
(representing Hawaii Tracker)
Philip Ong: Comment.
(representing Hawaii Tracker)
Bill 195: AMENDS CHAPTER 7, OF THE HAWAII COUNTY CODE 1983
(Draft 3) (2016 EDITION, AS AMENDED), RELATING TO DISASTER AND
EMERGENCY MANAGEMENT
Changes the title of Chapter 7 from "Civil Defense"to "Disaster and Emergency
Management" and revises and reorganizes the sections therein. Replaces
definitions, inserts sections to clarify Civil Defense Agency organization and
duties, clarifies requirements for Emergency Action Plans and use of multi-
governmental services; and delineates the Mayor's authority to declare a state of
disaster or emergency and ability to exercise emergency powers.
Reference: Comm. 911.9
Intr. by: Ms. Kierkiewicz
Approve: PRPSC-36
and
Comm. 911.14: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022,
transmitting a proposed amendment to Bill 195, Draft 3.
; and
Comm. 911.15: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022,
transmitting a proposed amendment to Bill 195, Draft 3.
; and
Comm. 911.16: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022,
transmitting a proposed amendment to Bill 195, Draft 3.
; and
Comm. 911.17: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022,
transmitting a proposed amendment to Bill 195, Draft 3.
Page 35
Hawaii County Council-49 September 21,2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 195, Draft 3, on first
reading and adopt Parks and Recreation and Public Safety
Committee Report No. 36. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. In 2014, the Hawaii State Legislature
adopted HRS (Hawai`i Revised Statutes) 127 alpha mandating that each of the
counties adopt appropriate language within their county code and ordinances
related to emergency management. No action was taken until this year.
This is an issue that is very near and dear to my heart as someone that was there to
support community through the 2018 eruption; working with Ikaika Marzo and
others to establish Pu`uhonua o Puna, working with Hawaii Tracker—Dane and
Phil to make sure we had information flowing to community 24/7. And then the
COVID (coronavirus disease)pandemic hit, and wanting to make sure that we
were getting as much information, trying to make sense of what was happening.
Check out my Facebook page. Tons of information.
I am a firm believer, having worked in communication and community outreach
for nearly a decade. I'm a firm believer that it's government's job to make sure
people have all the information they need so they can live their lives and make
decisions appropriately. Nothing within this bill even dares to remove the ability
for government to get information out to the community. That is not the intent.
The intent is to ensure that in times of disaster we know what Civil Defense's
kuleana is; we know how they're going to be working with community partners,
nonprofit organizations, State/Federal agencies.
This section of Code was written in 1983. I wasn't even born yet. A lot has
happened since then. And I know that this coming session, there's going to be a
lot of talk about how we are going to be supporting our communities and making
sure that they are prepared and resilient. That's why I wanted to make sure we
were moving in this section of Code so that we accomplish our kuleana and can
go to the State and can say, "We're ready for money. We've set up the
infrastructure. We've got our teams and our operations in place. Let the money
flow so we can support our communities." All right.
My office has worked in collaboration with Corporation Counsel, Civil Defense.
Even I've gotten on the phone with HI-EMA (Hawai`i Emergency Management
Agency) to make sure that every single word makes sense and is accurate. This
section within the bill that has brought out testifiersmahalo nui, by the way,
Big Island Press Club, Michael Konowicz. Chris,we had a conversation over the
phone. I thought we were on the same page but Mercury is in retrograde, so there
could have been a little bit of miscommunications in our conversation. But thank
you for being here today. Thank you, Dane. Thank you, Phil.
Page 36
Hawaii County Council-49 September 21,2022
So important to have these conversations. So important to make sure we are
crystal clear in what we are trying to achieve because you're right. I want to
make sure that everybody understands and that the public's right to know in every
situation, especially in emergencies, is preserved. So, thank you.
There are several options that we—my office, Corp. Counsel, Civil Defense
developed because what we were trying to do in this particular section, which is
word for word from HRS 127 word for word! We wanted to provide clarity
because the State didn't do their job! They didn't do their job, and they're leaving
it up to us for interpretation. I'm not going to shy away from this. Some of you
asked me, "Just remove it from the Code." I think that's disingenuous. I want to
face this head-on and make sure that every single word we understand makes
sense and we're all on the same page. So, I'm not going to remove it because it
still exists. It still exists and it's our job to refine it and do some sense-making
here.
So, we have several communications before you. I'm going to go with what Phil
said, our last testifier, and go with his favorite just to get the dialog going. I'm
hoping, Madam Chair, that we can talk about all three potential amendments
related to the suspension of electronic media transmission globally,just so that
Council Members and I can have a really robust discussion around the exact
language that we would like to move in.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 195, Draft 3, with
the contents of Comm. 911.16. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I also want to mahalo nui Council
Member Kimball. She shot to my office and had provided some suggested
language. This is a kakou thing. I want to make sure that every single one of us
is contributing towards potential solutions to really refine and strengthen this bill.
But with this particular communication, what we are looking to do is strike the
word "suspend." So then it would read, ". . . the extent permitted by or under
Federal law, authorize any actions necessary to ensure continuity of electronic
media transmission . . . ." Because, the whole point is making sure that
information flows.
I want to turn it over to my partners at Civil Defense and Corporation Counsel. I
know that Deputy Corp. Counsel Cody Frenz has been on the phone with the
Attorney General's office to go through all of our proposed language and ensure
that we are on the same page in terms of getting this right. So, Cody, you want to
share with us your conversations with AG (Attorney General)?
Page 37
Hawaii County Council-49 September 21,2022
(Note: At this time, Deputy Corporation Counsel Dakota Frenz and Civil
Defense Administrative Officer Barry Periatt came forward to address the
members of the Council.)
MS. FRENZ: Sure. Good morning, everyone. Deputy Corporation Counsel
Cody Frenz on behalf of Civil Defense. So, there has been a lot of concern,
confusion regarding the language. Quite frankly, as Council Member Kierkiewicz
indicated, it tracks directly from, and I'll just cite the actual section, Hawaii
Revised Statutes 127A-13(b)(3). So, it's very specific. It's right there.
I can appreciate the concerns. That's the Legislature, you know, the State, that
needs to adjust that if they want to provide clarity. So, all we can do at this point
is reach out and seek some clarity from the people that helped make those laws.
So, I did reach out to—and I don't want to start name-dropping in a way that
creates problems for anyone else but I did reach out to a supervising deputy
attorney general as to this very issue. He assists HI-EMA, so there's been a lot of
collaboration in that sense.
According to him, there has never been a time where the Governor has been asked
to impede on one's First Amendment rights to communication, that those are
specifically controlled and governed by the FCC (Federal Communications
Commission), that that has never occurred; that the intent—their understanding as
well on the State end—is for what we have attempted to further articulate, as
Council Member Kierkiewicz has indicated, to ensure that there's a constant flow
so that the members that have testified here today can continue to do the good
work that they do for the County in times of emergencies or everyday business,
quite frankly.
So, I've received that further clarification and assurance from the Attorney
General's office to help guide us because, again, all we're trying to do and all
we've been doing is tracking the language, right, to stay consistent. This is just
we're elaborating on exactly what our understanding of the intent was. So, quite
frankly, whether you want to track the language, whether you want to provide the
preferred language that concerns people less all defer to this Council in that
regard. I'll turn over to Mr. Periatt if he has any additional input.
MR. PERIATT: I'm Barry Periatt. I'm Administrative Officer with Civil
Defense. Talmadge couldn't be here today because we're stretched thin right
now. So, he's taking care of another matter.
As far as the bill goes, we actually initiated the process because it does need to be
updated. I don't know why it lingered. I don't know why no action was taken.
Ask me the question; I can't tell you. I don't know. But what we intend with the
bill is to provide an emergency management organization. We're not changing
the name of Civil Defense. We're keeping that name for a number of reasons.
However, what we do is emergency management, and this bill broadens the
Page 38
Hawaii County Council-49 September 21,2022
perspective and brings us in line with emergency management doctrine from the
Federal Emergency Management Agency. So, all of the tasks in there are
included.
When it comes to the particular bill and what everyone's not happy about, trust
me; we're not happy about it either. When we read that, it's like, "Whoa!"
Because, if you take it by the plain language, it's, yeah, suspend. We can go stop
everything. That has never been the intent of the Civil Defense Agency. We're
not about stopping things from happening, unless it's a disaster and all we can do
is really try and mitigate it. That's not our intent. We support the language that
you all come up with that meets our intent because we want to be able to enable
communications.
Information is one of the key elements in providing a calm environment and a
coordinated response when a disaster happens. So, we don't want to cut it down.
We understand there's going to be misinformation or uninformed information
getting out there. That's going to happen whether this, the language, says we can
stop it or not. It's going to happen, and it's incumbent upon us to recognize that
and address it when misinformation or incorrect information does get out there.
But to actually stop the communications, that's not our intent,period. Now, I'll
end it there.
MS. KIERKIEWICZ: Thanks for that. Just to kind of wrap things up on this one,
I was on the phone a couple of times with HI-EMA Administrator Luke Meyers to
go over this particular section. I'm like, "Luke, what were you guys thinking?"
He's like, "Was before my time." I'm like, "Yeah, but you own this now. What's
up?" And he's like, "Ash, this has to do with infrastructure, making sure that all
of those systems are in place so that in the event of information having to get out,
we can." So, I'm hoping that my colleagues will take into serious consideration
what I've put forward here in 911.16.
I'm hoping that this is the language that you folks have been looking for. We've
had a lot of discussion and debate: two Committees and now at Council.
Looking for your feedback, your input, and hoping that we can get something nice
and refined and polished in moving this bill forward. Thank you, Chair, I yield. I
appreciate the latitude.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Council Member Kierkiewicz, thank you for providing options. In
reviewing what's before us today, I do prefer the language of 911.15. So, I won't
be supporting the current amendment on the floor. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Chung, go ahead.
Page 39
Hawaii County Council-49 September 21,2022
MR. CHUNG: Thank you. That's the beauty of the legislative process, right.
The open legislative process. Ms. Kierkiewicz worked really hard in putting this
thing together. We all know that. And a lot of this thing was actually formulated
because there was enabling legislation from the State, which required us to enact
something like that. So, a lot of the language came from that. And then they had
that media reference in that. I think it's 127A, if I'm not mistaken. So, she did a
real good job. But sometimes things come up. And she reacted properly and we
vetted it, worked it out, and here it is. I'm certainly in support of this 911.16.
Any of the three would have been good. This probably is the best, in my opinion.
I think a lot of action is going to be done at the State, though, really. I think they
need to amend their legislation to be in tune with the prevailing Federal laws. I
think this also—well, I'll—maybe it wasn't relevant but I think it is relevant to
this media thing. It just underscores the importance of our Civil Defense Agency
getting the reputation as being the place to go, or being the people who provide
most accurate and up-to-date information so that the public can rely on that. But
thank you, Ms. Kierkiewicz, for doing this.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? In Hilo?
MS. KIMBALL: Chair? Council Member Kimball.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. Again, thank you, Council
Member Kierkiewicz, for all the hard work on this piece of legislation. Thank
you to our Corporation Counsel and our Civil Defense Agency. It's a big project
and it's really great to see it to this stage. Thank you for being open to some of
the suggestions.
The intent here, as I've heard it, as we've discussed this bill, is to make sure that
the County has the ability to take some action, if it was necessary, to preserve the
ability to provide communications. There's all sorts of scenarios out there,
whether it be a malware attack of some kind or an electromagnetic pulse. I mean,
these are things beyond my knowledge that I can see unique and unusual actions
being required by the County. So, there has to be, in my mind, some mechanism
that allows for that.
But also, as Talmadge mentioned in the last discussion and you've mentioned
again today, is that there is the intent from the Civil Defense side, as well as the
Council side, to ensure that communication continues. So, both
(Communication 911) .14 and .16, in my mind, cover both of those aspects. They
allow Civil Defense, the County, to have the flexibility to take whatever action is
needed to protect equipment or whatever. At the same time, it is signaling that
desire or that intent to make sure that we're keeping the communication going.
Page 40
Hawaii County Council-49 September 21,2022
I do see the minor—it's all about these little bits of language the difference that
might be there between 114 and 116 (Communication Nos. 911.14 and 911.16) in
the standpoint of maintaining the ability to provide, versus ensuring. So, I think I
would, with that very distinct difference in how that might be interpreted, would
probably lean towards .16.
The only question I actually have is for Civil Defense. You've read these three
different versions. Do you folks have any preference in terms of what you think
really matches what the expectation would be in an emergency event that you
folks would manage?
MR. PERIATT: What we've talked about and what's in place now is, for
instance, cellphone coverage. We've been involved in that before. We work with
cellphone companies to get a COW, which is cellular on wheels, temporary site
up. We actually have one sitting on Oahu, waiting if we need it; we can actually
employ to be able to do that now. That's a capability that's brought into place.
So, that's what we're looking at.
So, the point of being able to maintain and continue communications, make sure
it's there, that would be our preference. That suits what we need to do as far as
getting information out to the public.
MS. KIMBALL: So again,just to—of the three—(Communication 911) .14, .15,
.16—what's your favorite? I mean, it sounds like what you're saying verbally
would be .16, which is the one that we are currently considering, but I just want
to
MR. PERIATT: Now I'm all nervous. You all put me on the spot. So, let me
MS. KIMBALL: You're from Civil Defense. What do you mean? We can't be
as scary as some of those other things out there.
MR. PERIATT: But see, we're not supposed to be scared. We're here to help.
What's the quote? "I'm from the government. I'm here to help."
MS. KIMBALL: Now that's scary.
MR. PERIATT: That is scary but we see that as our purpose. Okay. So, give me
just a second, please.
MS. KIMBALL: Of course. Chair, I'll yield while the contents of the three
amendments are being considered by Civil Defense here. Thank you, Chair.
MR. KANEALI`I-KLEINFELDER: Chair, if I could while we're waiting?
CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, you have a question?
Page 41
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm going to switch a
little bit. We have Chris Leonard here from KWXX. He's very well-respected in
his field, and I wanted to ask him his insight on this and a few questions if I could.
CHR. DAVID: All right. While Civil Defense is looking over the documents.
MR. KANEALI`I-KLEINFELDER: Mr. Leonard, could you come up,please? If
you could, Ms. Frenz and Mr. Periatt, could you make room for Mr. Leonard?
(Note: At this time, Chris Leonard, representing Hawaii Association of
Broadcasters and New West Broadcasting Corp., came forward to address
the members of the Council.)
Personal Privilege: MS. LEE LOY: Chair,point of personal privilege.
CHR. DAVID: Go ahead.
MS. LEE LOY: Thank you. If I could encourage my colleague Mr. Kaneali`i-
Kleinfelder to qualify Mr. Leonard as a subject-matter expert because of his years
of experience and his respective position that he holds in the media. I think that
would help the discussion and also qualify him on the record. Thank you.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'd love to.
CHR. DAVID: Thank you, Ms. Lee Loy.
MR. KANEALI`I-KLEINFELDER: Mr. Leonard, if you could maybe qualify us
as to your expertise in your field.
MR. LEONARD: Absolutely. Thirty-plus-year broadcaster intimately involved
with emergency communications. In work I served as the State's Emergency
Communications Committee Chair, which was responsible for the rewrite of the
State's plan, which was not federally-compliant prior to our now-infamous false-
missile issue. Have testified in front of the U.S. Senate (United States Senate) on
the issue. I've met with the former Chair of the FCC on that issue. Have served
on our Local Emergency Planning Committee for a number of years as well.
I think ultimately we're kind of on the same page. I actually agree with Ashley's
perspective on this. The concern is, and what was pointed out, it does tie back to
127. (HRS) 127 is flawed. I met with FEMA (Federal Emergency Management
Agency) and Homeland Security in Honolulu last week. (HRS) 127 will be a
focus in this next legislative session to address language that the State has granted
themselves the right that they do not have. And the problem is that we can litigate
it, but in the case of an emergency—and I think current Administration, current
Page 42
Hawaii County Council-49 September 21,2022
Civil Defense, we have a great working relationship there. They will do the right
thing. And we're talking about that's not the intent, that's not the intent, that's
not the intent, but we are granting a blank check to suspend that. And what we're
trying to do, and I believe what Ms. Kierkiewicz is trying to do, is make sure that
the information flows, not stops. But this grants that exact right under 127.
So, we're tying to flawed language that has not been litigated yet. It will be
addressed in this next legislative session, and hopefully that will make a lot of this
a moot point. But at the end of the day, what I don't want to do is have the
County proceed with supporting flawed language that potentially minimizes the
flow. While that's not the intent, it probably doesn't happen under this
Administration; it doesn't happen under this Civil Defense, but this
Administration is not here forever. This Civil Defense administration is not here
forever. And we grant that same blank check, right.
If you look at how things are happening across the country with laws that are
being stretched, the interpretation is being stretched, this wouldn't be a stretch.
We actually would grant that exact right without any guardrails in place to say,
"Hey, we can suspend electronic media transmission potentially under a state of
emergency, which could be up to 60 days, without saying exactly how or why or
what." And quite frankly, the explanation of rebooting systems, that may very
well be the case. But Civil Defense can reboot their ENDEC. HI-EMA can
reboot their encoder/decoders for emergency systems. But to shut down all
electronic media under a guise of a reboot, there is no one system to reboot.
There's not one piece of equipment. It's all independent things that are connected
to each other that communicate together.
So, I think that there's a flawed process in here, and a lot of it goes back to what
was passed in (HRS) 127A a number of years back, and it was buried. I mean,
everybody missed it. Everybody's watchdogs missed that. It was a half sentence
in the middle of a 50-page bill or whatever it was that had the section that said,
"suspend electronic media transmission." The first part of that sentence was
suspend electrical service and gas service, which makes a lot of sense. You have
a big earthquake; you have a gas leak. You shut it down so you don't have an
explosion. You have downed power lines; they pose a threat to life and property.
You shut it down and you grant the rights to do that. There is no real explanation
as to why we're going to suspend all electronic media services, other than the fact
that it was codified in 127A previously. And nobody's been able to answer the
question as to why. That's where the problem is with this.
I would be supportive to (Communication 911) .16 as it's written. I think that's a
big step in the right direction. The next step would be to address this at the State
level in (HRS) 127A.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you for qualifying how much
you know and how much you've done for this community in multiple disasters,
Page 43
Hawaii County Council-49 September 21,2022
and for quite longer than we've been on this Council, some of us. I appreciate
your input greatly. Given your support for(Communication) 911.16, I don't feel
like we need to get into too much detail. I want to touch on a few things, though,
with you. You've said it but just to say it again. Why would we ever grant the
ability to suspend electronic media? It's never happened in your lifetime. It
shouldn't happen in your eyes. The State law is obviously flawed, and
Ms. Kierkiewicz has tried to address that. So, I mean, inI'm not asking this
question well.
MR. LEONARD: I can answer the question that I think you're trying to ask.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. LEONARD: Why would we grant a right for something that we have no
intent to do and grant a blank check? I think that's really the crux of the issue, is
why would we say, "Hey, you have the right to do this with no guardrails that
specifically define how, when, why, who, who decides that, other than at the
Mayor's level." It's not our intent. We would never do that. It's never happened.
Okay, great. Strike the language.
MR. KANEALI`I-KLEINFELDER: I like that. What got me is we have a First
Amendment right to freedom of press, freedom of everything, and freedom of
speech.
MR. LEONARD: We haven't touched on constitutional issues, and that's a
whole other layer. We'll leave that for another day.
MR. KANEALI`I-KLEINFELDER: The way this was written from the State
really does touch on going against our First Amendment, in my eyes, and a lot of
people felt the same way.
MR. LEONARD: I would agree. And then, on top of that, there are also
jurisdictional issues. So, most of the telecom (telecommunications)policy and
telecom licensing is at the Federal level. The State doesn't have the authority
over that. The County doesn't have the authority over that. That was my
concern, is that the County is jumping on—and I understand the attachment to
(HRS) 127A, but 127A is flawed and that will be addressed. It hasn't been
addressed but it will be in this session, and I think that that's the concern.
I think we're all on the same page. It's absolutely critical that we keep that free
flow of information in times of emergency, and I think that we're all on the same
page in that regard. What I'm really concerned about is just granting a blank
check that allows somebody, maybe not this Administration, but somebody down
the road who looks at it and goes, "Hey, it says right here I can suspend this under
Page 44
Hawaii County Council-49 September 21,2022
a state of emergency." Well, yeah, but under what—for what reasons? "Don't
have to have one. It's not required." It doesn't say anything in here other than,
maybe in one of the revisions, reboot systems or something like that.
And "electronic media" is a really broad-reaching wide term. What exactly is
that? Is it my radio station in Hilo? Is it somebody's access to Facebook? Are
we shutting down the cell service that gives you access to that? This is a target
that is so much bigger than we're defining here, and there are so many unintended
consequences in the language the way that it's written. That's where my concern
is on this. But I think .16 addresses a lot of those for the time being. I think it
addresses that well at the County level, and then the next step is to be able to
address this at the State level. The Federal government has some issues with it as
well, and I think they will be vocal in this legislative session about that process.
MR. KANEALI`I-KLEINFELDER: Mahalo, Mr. Leonard. Thank you.
MR. LEONARD: Thank you.
MR. KANEALI`I-KLEINFELDER: Ms. Frenz, I have a question for you as a
follow-up to Mr. Leonard's comments.
MS. FRENZ: Yes, sir.
MR. KANEALI`I-KLEINFELDER: It was brought up earlier to strike No. 3.
Although we have the amendment in front of us, if we're amending the language
in the State Code already
MS. FRENZ: Presumably. We don't know that that will occur but—
MR.
utMR. KANEALI`I-KLEINFELDER: I mean, no, not that we're amending their
State Code. We're not putting their language word for word into our bill.
Correct?
MS. FRENZ: That's the current proposal.
MR. KANEALI`I-KLEINFELDER: Yeah. So, at that point, if we're not taking
their words directly from the HRS and we're making our own language, are we
within our jurisdiction to do so?
MS. FRENZ: Yes.
MR. KANEALI`I-KLEINFELDER: Interesting.
MS. FRENZ: We shall see. I mean, the reality is there's a representation that the
State Legislature is going to address this. I don't know.
Page 45
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Yeah, we don't know.
MS. FRENZ: I hope so. Right? That may be everyone's effort and ideals, but
whether or not it actually occurs is yet to be seen. Depending on what they do,
that may or may not require us to come back and further clarify that provision,
whichever may be adopted by this Council, right. If they adopt something that
drastically changes the understanding, we may have to come in and reclarify as
well. So, yes, provided we will see what they do if they do anything when they
do it.
MR. KANEALI`I-KLEINFELDER: Okay. But the changes in .16, the
amendment we're talking about right now, acceptable in your eyes, Corporation
Counsel, given that we're not following State law language. Not that I want to in
this case; I don't want to. But we're not following that language word for word
either.
MS. FRENZ: Yes.
MR. KANEALI`I-KLEINFELDER: And we've been taught again and again we
follow State law. We can make stricter requirements but we can't go below their
requirements.
MS. FRENZ: That's correct.
MR. KANEALI`I-KLEINFELDER: And if their requirements are that we follow
No. 3 word for word, we're not now, have we stepped outside of our ability as a
County?
MS. FRENZ: Well, I think, realistically, if you take it as a word-for-word
interpretation, right, it appears as though it's allowing the disruption, which
everyone is opposed to, right. We're saying we're not wanting to disrupt.
MR. KANEALI`I-KLEINFELDER: Me too.
MS. FRENZ: Right. So, we're being a little less restrictive, right. We're not
wanting to completely disrupt, which is what the State law currently alludes to.
We are saying we want to just ensure the continuity of its ability to keep free-
flowing to everyone, right. So, that's less restrictive. We wouldn't be able to go
even greater than what the State is currently recommending, and none of us wants
that anyway.
MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you, Ms. Frenz.
MS. FRENZ: Sure.
Page 46
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Mr. Periatt, I'm sure you want to add
something. You must have something for us.
MR. PERIATT: In answer to Councilwoman Kimball's question, I apologize for
not knowing the exact language in the different amendments here. So, when I
look at them—it is (Communication 911) .16: authorize any actions necessary to
ensure continuity of electronic communications. That was the example I'm
giving with the cellular on wheels the COW unit—Matt. So, that would be our
preferred language. That's our preferred one.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Periatt. Ms. David, I
yield.
CHR. DAVID: Yes. Thank you very much, Ms. Kierkiewicz [sic]. Anyone
else? Mr. Chung, go ahead.
MR. CHUNG: Yeah,just in response to some of the questions asked regarding
the legality of this thing. What's being proposed here, in my estimation, in a
nutshell, is completely opposite of suspending. It's really trying to help expand
media or make sure that it's up and running during these times of emergencies.
So, what's the worst that could happen, really? It's that the State or someone can
come in and say, "Oh, no, that wall is illegal." So, what's the County going to
do? Say, "Well, we're not going to make any efforts now to get this media
infrastructure up and running"? That's kind of ridiculous already.
But if it got to that point, the State law has a severability clause. Our ordinance,
or our bill, has a severability clause. So, if someone wants to go that far and say,
"No, that provision,"which is a good provision, "is illegal,"then take us to court.
Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in
favor, then, of amending Bill 195, Mr. Clerk.
MS. KIERKIEWICZ: Chair, can we do a roll call vote, please?
CHR. DAVID: Yes, we will. Thank you. Mr. Clerk.
Vote on Motion to The motion to amend Bill 195, Draft 3, with the contents of
Amend: Comm. 911.16 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David–8.
Noes: Council Member Inaba– 1.
Absent: None.
Excused: None.
Page 47
Hawaii County Council-49 September 21,2022
MR. HENRICKS: Motion carries.
CHR. DAVID: Thank you very much.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 195, Draft 3, with
the contents of Comm. 911.17. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Leave it to me to just make things
really complicated. This was a heavy lift. I wanted to make sure we get
everything right here. One of the things that we are requiring that Civil Defense
do on an annual basis is come back to Council and provide us an update on where
we are with the multitude of plans we are asking you to do that you're actually
federally mandated to do.
One of the things thank you, Council Member Kimball, for elevating—was just
the need to understand what is happening with our community partners, our
CERT teams that's Community Emergency Response TeamsVOAD
(Voluntary Organizations Active in Disaster), volunteer organizations assisting in
times of disaster. You've got the Vibrant Hawaii resilient hub network. There
are so many different community organizations that are working in partnership
with Civil Defense, and we just want to know what they're up to, where are they
in the community. That way we, as Council Members representing our districts,
know of all the good work and also can be in a position to not just support them
but identify gaps and find additional folks to kind of step up to the plate and work
in collaboration.
So, this amendment, Council Member Kimball, I hope is satisfactory in your eyes.
But really just wanting to be very broad-brushed about it, very thematic around, in
your report, ensuring that Civil Defense talks about the various collaborations
with community organizations. I do want to mahalo Leslie Chow, Jon Henricks
for their keen eyes on this and making sure that we get the words right. Cody,
Barry, anything to add on this one?
MS. FRENZ: Nothing from me, thank you.
MR. PERIATT: From Civil Defense's perspective, we're more than happy to
report on what we're collaborating with as long as we're not talking about you
want us to give a report on what VOAD is doing. If we're not cooperating with
them or collaborating with them to reach a goal that we've set out for community
resilience, we really don't consider that our responsibility. But the way the
amendment's written here, that on what we're collaborating with, we have no
objections at all and we support this.
Page 48
Hawaii County Council-49 September 21,2022
MS. KIERKIEWICZ: Thank you very much. Happy to answer any questions but
looking for my colleagues' support on this one. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else?
MS. KIMBALL: Chair, it's Council Member Kimball.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: I just want to mahalo Council Member Kierkiewicz for putting
this together and being responsive to the request. This was something that came
fromI'm very fortunate to have active CERT teams and folks involved in
emergency planning in my district, and this is something that they specifically
asked for. So, appreciate you adding this amendment in there, and I'd be happy to
support. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Mr. Clerk, roll call
please.
Vote on Motion to The motion to amend Bill 195, Draft 3, with the contents of
Amend: Comm. 911.17 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much. Back to the main motion, as amended,
Bill 195, Draft 3, with Communications 911.16 and 911.17. Any discussion?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I won't belabor this. I just want to take the
opportunity to mahalo nui everybody that came out today. Council
Member Lee Loy and I were late to Council because we were invited to represent
the Council and provide a certificate in recognition of International Peace Day.
We really reflected on what that meant, right. Like peace is living aloha, respect,
but it's also grounded in things like practicing patience and having understanding
Page 49
Hawaii County Council-49 September 21,2022
and empathy and just really listening. And I think we really achieved that today.
We really did. I mean, something like this in emergency times with so much
happening in our world can cause folks to get really upset.
So, I'm just glad that we were able to have a really solid, robust discussion today,
but still maintain the peace with one another. I think it's really huge, and I'm glad
that we were able to land upon language that everybody feels is right. Whether or
not it's legal, we will soon find out. State, sue me but you should have did your
job better to begin with. So, that is what we are doing here today, is making sure
that this language works for us, that we're all on the same page because that's
what we need. We've all got to be working together, not just now but especially
in times of emergency. Thank you, Chair, for the latitude. I really appreciate it
and just looking for everyone's continued support on this bill. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else?
MS. LEE LOY: Chair?
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Chair, on the main motion, on the bill as amended.
CHR. DAVID: Yes, go ahead.
MS. LEE LOY: Thank you, Chair. Thank you, Ms. Kierkiewicz. I really began
to reflect why this needed to happen and stood shoulder to shoulder with
Ms. Kierkiewicz, looking for that trigger-ready legislation as we were recovering
from lava. There's so much parts of our Code that hasn't been touched, as
Ms. Kierkiewicz mentioned, since 1983. So, here we are. We're trying to set up
the legislative framework so that we can fill in. And then to have Chris Leonard
here, a family member who knows his craft and has done it shoulder to shoulder
with his father.
I'm just really excited about having gone through this and want to lend my
support to the press club and others who do this as a profession, that we get
together and galvanize support back to or Legislature and get that policy ready,
and find champions from our Hilo delegation or our island delegation that tailors
this emergency language at the State level. I heard loud and clear it's flawed, so
let's help them fix it. If you don't mind reaching out to my office or
Ms. Kierkiewicz' office, because we need to do that policy-writing right now for
the Legislature so that they can get it in their pipe so that we can start hearing it in
January and February. This is a call to action.
I was looking at the press club (inaudible). It was a real privilege and an honor to
get the torch of light award. And I think this is one where we could actually give
it back to community, where community is shining light on policy that helps
Page 50
Hawaii County Council-49 September 21,2022
something I say all the time: everyone getting good information so we can make
good decisions. I support this bill. I support the amendments and look forward to
working with community and creating a coalition so that we can take refinements
back to the Legislature. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else?
MR. RICHARDS: Yeah, Chair. Richards.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you, Chair. This has been a circuitous path coming
towards this. First of all, I'll start with Civil Defense. As long as Ms. Lee Loy
and I have been in office, there has been crisis after crisis after crisis.
Mr. Leonard, I have to smile. That nuclear missile thing was about a month after
we took office, and I thought, "Is this what it's going to be for the rest of my time
in office," and it has been. It's been one crisis after another.
Now, to Civil Defense's defense, in order to plan, we actually have to have time
to plan. We haven't had a lot of time because it's been response to response to
response, and that poses a problem for us. But to Ms. Kierkiewicz' point, this is
actually setting up the framework that's going to allow us to do this, and the
communication is key and very important to the community as a whole. This was
ringing loud and clear when we had the media show up and say, "Hey, you want
to shut us down? Or someone could shut us down,potentially?"
We've seen the problems these last several years with all the different things that
we've seen and not being able to get out communication. We've had this
conversation before. To Ms. Kimball's point about the CERT teams, we have
some disconnects; we have some stumbling going on. But I feel like now we've
got a framework set up that we can start plugging things put together. The last
thing we want to do is shut down information.
We want that information flow and we want it accurate. We want the ability to
correct if there's some misinformation, but we've got to keep the information
going because managing the public's safety also is communicating to them so
they know not to panic. That's a big deal for us. So, I do fully appreciate the fact
of the framework being set here for us, getting the communication between our
own Civil Defense and to our volunteer groups like CERT, and then also having
the news media be able to help us respond. Because, getting the message out, if
you can tell people, "Relax. We're okay,"that's huge because goofy things can
happen if people are responding on emotion.
Page 51
Hawaii County Council-49 September 21,2022
I'm definitely supporting this going forward. Yes, there's some things that need
to be fixed, but it's that whole communication point that is keenly important. We
saw that in the last couple years in fires. We need that. So, I look forward to this
coming to fruition. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none,
Ms. Kierkiewicz, I just wanted to say thank you so much for giving us a starting
point for this very important public safety issue that I know everybody's been
concerned with. My mahalo to you. Mr. Clerk, roll call please.
Vote on Bill 195: The motion to pass Bill 195, Draft 3, as amended to
Draft 4 Draft 4, on first reading and adopt Parks and Recreation
(Approved) and Public Safety Committee Report No. 36 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.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much.
Bill 200: AMENDS CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(Draft 2) (2016 EDITION, AS AMENDED), RELATING TO VEHICLE DISPOSAL
Relocates existing provisions for the removal of abandoned or derelict vehicles
into a new article of the Hawaii County Code, establishes that a notice be placed
on abandoned or derelict vehicles stating that the vehicle must be moved beyond a
radius of one mile within 24 hours to be declassified as abandoned or derelict, and
establishes a Vehicle Disposal Assistance Program that would allow a property
owner or registered vehicle owner to apply for the removal of an abandoned or
derelict vehicle.
Reference: Comm. 938.2
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: RAWEEMC-17
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 200, Draft 2,
on first reading and adopt Regenerative Agriculture, Water,
Energy and Environmental Management Committee Report
No. 17. Seconded by Mr. Richards.
Page 52
Hawaii County Council-49 September 21,2022
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. Just a clarification, motion
to amend Bill 200, Draft 2. Go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just to check, do we
have three members in Kona?
CHR. DAVID: Oh, I'm sorry. Yes, we have Director Mansour here and also he
has a
MR. KANEALI`I-KLEINFELDER: Do we have three Council Members in
Kona? We have two right now in chambers.
MR. HENRICKS: Yes, Mr. Kaneali`i-Kleinfelder.
CHR. DAVID: Yes, we have four.
MR. HENRICKS: Thank you for checking for a quorum.
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. DAVID: I'm sorry.
MR. KANEALI`I-KLEINFELDER: Ms. David, what was your question?
CHR. DAVID: Never mind. I just was going to let you know that
Director Mansour is here.
MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you.
CHR. DAVID: Go ahead, Mr.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. Sorry to cut
you off.
CHR. DAVID: Go ahead.
MR. KANEALI`I-KLEINFELDER: As we discussed in Committee level, with
the help of Brenda Iokepa-Moses and Julie from our AV(abandoned vehicle)
department, we had a good discussion. We were looking at it as far as this bill is
housekeeping for a majority, but also the establishment of a program that assists
in the towing of vehicles from private property. I do appreciate Mr. Mansour
being here today. I'm going to leave it to Council Members' discussion, if any,
and we'll go from there. So, I yield for now, Chair. Thank you.
CHR. DAVID: Thank you very much. Before I go to Council Members,
Mr. Chung, go ahead.
Page 53
Hawaii County Council-49 September 21,2022
MR. CHUNG: Thanks. I'm going to reiterate just my soft concerns that I voiced
the last time about what kind of administrative problems this could pose for your
department, as well as how far can we extend into private property in utilizing
public funds. But having said that, I'm going to continue supporting this. I think
the overriding principle for me is that if it assists any of our colleagues, and in this
particular situation Mr. Kaneali`i-Kleinfelder as well as—and others, really, I
mean, who have these types of situations in their districts, in helping them to help
their constituents, I'm all for that. But I just wanted to make sure it could create
some problems for your department, right. So, that's all. Thanks.
CHR. DAVID: Thank you. Go ahead, Director.
(Note: At this time, Environmental Management Director Ramzi Mansour
came forward to address the members of the Council.)
MR. MANSOUR: Aloha and good morning, Madam Chair and Council
Members. First, let me just start with introducing our new Solid Waste Division
Chief Mike Rivera.
CHR. DAVID: Could you come forward, please? Thank you.
(Note: At this time, Solid Waste Operations Division Chief Michael
Rivera came forward to address the members of the Council.)
CHR. DAVID: I just wanted to mention, on behalf of the Council Members,
thank you for your patience this morning. I know you were here very early, so
appreciate your patience on this one. Go ahead. Introduce.
MR. RIVERA: My name's Mike Rivera and I look forward to your support and
guidance as we improve the services of Solid Waste for the County of Hawaii.
Thank you.
CHR. DAVID: Thank you very much. Go ahead, Mr. Mansour.
MR. MANSOUR: Thank you. Also, we have Julie and Hawaii Police
Department—Troy—on Zoom as well if you need to ask any questions. This
program is really I look at it as an additional flexible tool within our AV
management tool. This will give us the flexibility to be able to manage our fund
because we do understand the fund with an AV. It's literally about$2.4 million
of revenue. I looked at the last three years. We've come about$700,000
underspent.
Usually, the actual cost of expenditure versus what we budget could allow us to
extend that flexibility within the program to give it to our constituents, back to our
constituents, and beautify the island. We have a lot of abandoned vehicles. Any
Page 54
Hawaii County Council-49 September 21,2022
time we have opportunity and it allows us to do it, I want to reach out to that tool
and use it. Given that, we could technically do about 500-1,000 extra vehicles a
year with that money if the current budgeting process continues.
Inflation. I saw this '21, '22. It really jumped up high on the disposal aspect of
the vehicle. What we funded and what we actually spent was very close.
So, as we move forward, definitely we're going to keep an eye on the dollar. It's
going to be based on available funds and staffing. It's going to be based on what
we're going to introduce in the admin (administrative) rule, how we're going to
get to the vehicles. I may recommend minor edits to the bill to allow also the
discretion to the contractor, because as a director, I cannot take the entire
discretion. I'm not going to be out there every time a vehicle's going to be towed
to determine if it's safe or not. So, the idea is I'm going to leave that to the
contractor because he's going to be using his equipment to go out there. He's
going to make the decision can he drive his towing truck there or not. So, I'm
going to leave that to him to make.
It's going to be based on availability and kind of first-come, first-served. Once
that extra money is depleted, the program will cease until the next year. So, that's
pretty much the intent. The cost of towing and disposing vehicles, we're
averaging about$600 per car. Unfortunately, we collect$12 per year. It's going
to take 50 years-50 years to cover that cost.
The last time that cost was increased in 2003, it went from $4 to $12. I also
would like to recommend that I may come back to you, ask for an increase as
well. The reason, if you do an increment cost of Consumer Price Index increase
every year, the consumer does not feel it. But when you come up with a 200,
300 percent increase, people are just going to say no. And it's been 20 years.
And that we could take down the road, but I'm just trying to plant the seed now.
But yeah, I'm ready to answer any questions you have.
CHR. DAVID: Thank you very much. Mr. Chung, go ahead.
MR. CHUNG: I don't know if that was in response to my comment or your
comment. If it was in response to mine, it might have touched somewhat upon
my concern. All I said is I do support this thing, but I just wanted to forewarn you
that it could create some administrative problems for you folks. And the one that
I'm looking at—and you addressed it but I don't know if you correctly addressed
it. You said that it's going to be the decision of the contractor, but this thing here,
this legislation, says, "All decisions to tow shall be subject to the discretion of the
director." And that's what I brought up the last time to Brenda. I said when you
have the word "discretion,"that could create some problems because if you don't
go, for example, and tow someone's car or vehicle, then that person might start
grumbling. That's all I'm saying. So, I'm not criticizing the program. I'm just
saying it carries with it some potential problems, and that's all.
Page 55
Hawaii County Council-49 September 21,2022
MR. MANSOUR: Hopefully, we can address that in the admin rule as we write
the rule. We'll clarify it for sure.
MR. CHUNG: Thank you.
CHR. DAVID: Thank you, Mr. Chung, for raising that issue. Anyone else in
Hilo? Seeing none, Director, Solid Waste administrator, nice to meet you and
thank you for being here and for your patience. Mr. Clerk, roll call please.
MR. MANSOUR: Mahalo.
Vote on Bill 200: The motion to pass Bill 200, Draft 2, on first reading and
Draft 2 adopt Regenerative Agriculture, Water, Energy and
(Approved) Environmental Management Committee Report No. 17 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.
MR. HENRICKS: The motion carries.
CHR. DAVID: Thank you very much. Thank you, gentlemen.
Bill 203: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 8, SECTION 24-293,
SCHEDULE 41, OF THE HAWAII COUNTY CODE (2016 EDITION, AS
AMENDED) RELATING TO THE USE OF CERTAIN STREETS BY CERTAIN
VEHICLES RESTRICTED
Repeals Subsection (f)(2), which prohibits vehicles with a gross vehicle weight
rating of five or more tons from using Kaiminani Drive in North Kona.
Reference: Comm. 946
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-23
Motion to Approve: Ms. Lee Loy moved to pass Bill 203 on first reading and
adopt Public Works and Mass Transit Committee Report
No. 23. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Lee Loy.
Page 56
Hawaii County Council-49 September 21,2022
MS. LEE LOY: We had this discussion in Committee, and this is being advanced
by the Administration. Asking for everyone's support.
CHR. DAVID: Thank you. Mr. Inaba, go ahead.
MR. INABA: I just want to say something being that this is in my district. I
wasn't at the Committee meeting. This is something that has been kind of an
issue within my district, with some folks concerned about signage being there and
it being in Code but not having been enforced. And we've just had some
difficulty there. So, this was a collaboration with the department and want the
public to know, especially the residents along Kaiminani, that the department did
review this thoroughly and feels confident and safe that this is the right decision
to make. Just wanted to provide that context. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Mr. Chung, go ahead. Oh,
no? All right. Seeing no other testifiers and everyone is in our Hilo chambers, all
those in favor of approving Bill 203 at first reading, please say "aye."
Vote on Bill 203: The motion to pass Bill 203 on first reading and adopt
(Approved) Public Works and Mass Transit Committee Report No. 23
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 205: AMENDS ORDINANCE NO. 17-65 WHICH RECLASSIFIED LANDS FROM
AGRICULTURAL—20 ACRES (A-20a) TO GENERAL INDUSTRIAL—
20,000 SQUARE FEET (MG-20) AT KEA`AU, PUNA, HAWAII, COVERED
BY TAX MAP KEY: 1-6-141:002
(Applicant: Ke`aloha Lani, LLC-formerly Hawaii Island Distilling, LLC)
(Area: 6.505 acres)
The Windward Planning Commission forwards its favorable recommendation to
amend Condition E(Timing of Fire Flow Improvements) and Condition I (Timing
of Roadway Improvements). The property is located east of Highway 11 (Volcano
Highway), west of Railroad Avenue, and north of Highway 130 (Kea`au-Pahoa
Highway) in Puna.
Reference: Comm. 953
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-76
Page 57
Hawaii County Council-49 September 21,2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 205 on first reading
and adopt Planning Committee Report No. 76. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. In the event that my colleagues have
questions or comments, we do have representative for the applicant, Planning
Consultant Sid Fuke, here as well as Julie Ing with the water bottling company.
Just looking for everyone's continued support on this measure. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo. I have a follow-up question. I
voted "no" on the last round. Mr. Fuke, if you could come up.
(Note: At this time, Planning Consultant Sidney Fuke, applicant's
representative, came forward to address the members of the Council.)
MR. KANEALI`I-KLEINFELDER: Thank you for being here today and for
waiting patiently. I know you've been here a long time.
MR. FUKE: Not as long as all of you but thank you very much.
MR. KANEALI`I-KLEINFELDER: Thank you, sir. My question isI mean,
this bill is interesting. The property it sits on has a history of the slaughter house
Miko Meats, a special permit to a special permit for what it is now, which is being
considered a beverage community, which is interesting. I'm a home brewer. I
love beer. So, I support the brewery, the microbrewery, the distillery, whatever
it's going to be. I mean, great. My question really revolves around this parcel,
the special permit, and the water bottling facility that's there currently. There's a
section in this ordinance that says that—where is it—specifically this, there will
be no water bottling occurring on this. Section C: "The applicant shall not use
water from the County system for distilling, brewing, or other similar water
bottling production facilities." That's specific to the County water supply.
Correct?
MR. FUKE: That's correct.
MR. KANEALI`I-KLEINFELDER: Currently, the water is being brought in
from another source and then bottled there at the Waiakea Springs facility.
Page 58
Hawaii County Council-49 September 21,2022
MR. FUKE: That's correct.
MR. KANEALI`I-KLEINFELDER: And this is going to be the same idea and the
same concept. Water will be brought in to be used by the brewery?
MR. FUKE: No. The water will be there's actually two operating wells. One
is the Hawaiian Springs. That's already there. And the other one is Waiakea
Springs, which is Ke`aloha Lani. So, what's happening currently is that they're
harvesting the water on the site and then they're bottling it at their plant, their
bottling facility, out in Keaukaha. So, they had plans already approved, and
they're going through the building permit process and the special permit area to
construct their bottling facility so they don't have to truck the water to Keaukaha.
MR. KANEALI`I-KLEINFELDER: That's not part of this bill, yeah?
MR. FUKE: No, that's not.
MR. KANEALI`I-KLEINFELDER: That's something separate.
MR. FUKE: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. So, this bill, Bill No. 205, is for the
creation of the microbrewery?
MR. FUKE: Well, actually, within the—first of all, I've got to apologize for not
really having a time to discuss with you more in detail. After all, it is the Puna
District, but politically it's not your district. But nevertheless, it is Puna and I
apologize.
MR. KANEALI`I-KLEINFELDER: Correct. No, it's understood.
MR. FUKE: But at any rate,just to give you some background, the property is
about 15 acres in size, overall, when they first started off. And they got a special
permit for about 14 or 15 acres in area, several special permits. And within that
special permit area, that's where Hawaiian Springs is already operating. Julie and
her people, they bought the balance of the property in the special permit area.
Then, you remember, I said 15 acres. Now, the balance of the 15 acres, which is
about 6 or 7 acres of land, that area was rezoned from agriculture to industrial.
What the previous owner wanted to do was to apply also for another special
permit for that area to kind of make that whole complex like a beverage
community. But Planning Department, in its review, said, "Really, I think at this
point in time, you should really have the land rezoned, as opposed to going in for
another special permit." As a result, the property was rezoned from Agricultural
to General Industrial 20.
Page 59
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Which is the Bill No. 205 in front of us.
MR. FUKE: That's correct. And so when the bill was—when it was approved—
I'll
pprovedI'll kind of segue a little bit to the discussion earlier about the Subdivision Code
and what's required. So, the Subdivision Code establishes specific standards
when you subdivide a property for your roadways, your water system, and also
wastewater. So, the wastewater portion in the other discussion, the Code
specifically states that if there is an existing County sewer line within 300 feet of
the property, then that property that wants to develop, they have an obligation to
extend it. That's written in the Code. So, if you don't want to comply with that,
then you have to apply for a variance, and hopefully the Planning Director will
approve the variance.
What happened in this particular situation is that all of the requirements for
subdivision standards were incorporated in the existing ordinance, but it said prior
to issuance of occupancy permit. So, the infrastructure standards were tied in to a
subdivision, as opposed to just coming in for an occupancy permit. So, what we
were saying is that to require, for example, a tool shed associated with the solar
array that they have right now, before they can even do that, they have to put in
all of this extensive water system and the roadway system and the whole nine
yards associated with the subdivision of the property.
So, this proposal essentially would just say, "Look, if they're subdividing the
property, the Subdivision Code will prevail. No worry." On the other hand, if
they're just coming in for a building permit, there's certain standards you
nonetheless still have to meet, whether it's like water system or your roadway
access primarily, and that's how it's kind of structured.
MR. KANEALI`I-KLEINFELDER: Okay. That leads me to my next question.
So, the road, as part of Condition I, has been substantially minimized over what's
normally required. Is that correct?
MR. FUKE: Right nowso, you're saying if you're just going to go in for an
occupancy permit, nevertheless you would be—it's kind of tied in with what
Waiakea Water Springs want to do. They want to construct that. So, before they
can gain occupancy of that portion, because they're going to be using the same
road, the existing 16-foot wide road has to be widened at least to 20 feet wide.
But if, on the other hand, the zoned area becomes subdivided, then other
requirements kick in, like field improvements and drainageway within the
existing roadway.
MR. KANEALI`I-KLEINFELDER: Is this going to be dedicated to the County,
this 20-foot roadway?
MR. FUKE: At this point in time, no. If it does get dedicated, then the road has
to be built to full dedicable standards.
Page 60
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Yeah, this is not dedicable standards, yes.
Okay. I have some questions about the special permitting, but I'm going to leave
that separate because that is interesting to me. But for now, I'll be supporting this
proj ect.
MR. FUKE: Thank you.
MR. KANEALI`I-KLEINFELDER: And I understand what you guys are going
for. Thank you for having the conversation.
MR. FUKE: And again, my apologies.
MR. KANEALI`I-KLEINFELDER: No, no. My apologies. Thank you. Chair, I
yield for now. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba.
MR. INABA: Thank you. Anyone from Planning Department on the Zoom?
Okay. Looking at Condition B, first time that I see a specific date rather than a
timeframe for completion of a project. Do you know what the reason is for that,
Mr. Fuke?
MR. FUKE: I'm sorry. Which condition is this now?
MR. INABA: B, Bravo.
MR. FUKE: Oh, it's in Bravo. Ah, yes. That relates to the six-and-a-half acres
that's currently under, you know, that's the zone-changed area. And in speaking
with the Ke`aloha Lani, the new owners of the property, they feel like they would
be in a position to comply with that requirement.
MR. INABA: Okay, no, my question is I've never seen a specific date like this
instead of the timeframe, which is right here. It says, "five years." We've
crossed it out. So, I'm just wondering what the reason is for specifying a date.
And then that relates to when you look at Condition V where it says it grants the
Planning Director the opportunity for—or gives him permission to grant an initial
time extension from the original period, but we're not talking about a period here.
We're talking about a date in Condition B. So, something is not lining up here.
MR. FUKE: I think that's a very good point you raise because if the the reason
why I think September 29, 2027, it just kind of makes specific the date that it's
due. However, that was on the assumption maybe the final ordinance would be
adopted more or less around this time, which is September 29 but of 2023.
MR. INABA: Was it in the Commission that the specific date was added, rather
than just the five-year window?
Page 61
Hawaii County Council-49 September 21,2022
MR. FUKE: I can't answer that question, I'm sorry.
MR. INABA: Okay. Anybody from Planning on Zoom at this time? So, based
on what I'm reading, it seems that Condition B, it might be better to leave it with
the original language that said five years because that's really in line with the
September 29 date. Then we don't have a problem with Condition V and the
extension-of-time option, which is based on a period, not a specific date. Would
you be willing to submit an amendment to this bill to make sure that the language
is in line; those two conditions?
MR. FUKE: Council Member Inaba, I think that's a very astute observation, and
I regret that I didn't catch it when it was being reviewed by the Planning
Department and the Planning Commission. And so, the short answer to your
question is that, yes, we would be willing to accept the original language rather
than the deleted language.
MR. INABA: All right. And will you be working with the Planning Department
to process that amendment?
MR. FUKE: I'll be working directly with the Council Committee chair on the
proposed amendments.
MR. INABA: Great. Thank you. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba.
MR. FUKE: Thank you.
CHR. DAVID: Anyone else? Seeing none
MS. LEE LOY: Chair?
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: I don't have any questions. Actually, I just want to disclose for
the record Julie and I are classmates. We've been classmates since Kindergarten,
so I feel like I have to put that on the record. And no matter how much I read
through this application, I didn't see Julie's name anywhere until she sat down.
That being said, there is no conflict between myself and my classmate, and I look
forward to voting on this matter.
MR. FUKE: Thank you.
CHR. DAVID: Thank you, Ms. Lee Loy, for that disclosure. Anyone else?
Seeing none, Mr. Clerk, can you do a roll call on this one?
Page 62
Hawaii County Council-49 September 21,2022
Vote on Bill 205: The motion to pass Bill 205 on first reading and adopt
(Approved) Planning Committee Report No. 76 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.
Bill 206: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State Grants —Gorse Pilot Program account
($500,000); and appropriates the same to the Gorse Pilot Program account. Funds
would be used to renovate the Feed Mill at the University of Hawaii at Hilo and to
study the potential of new feedstock sources.
Reference: Comm. 958
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-194
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 206 on first
reading and adopt Finance Committee Report No. 194.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: We had this measure in Committees and
there was brief conversation, given the resolution,but just look for everyone's
continued support. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 206 at first reading, please say "aye."
Page 63
Hawaii County Council-49 September 21,2022
Vote on Bill 206: The motion to pass Bill 206 on first reading and adopt
(Approved) Finance Committee Report No. 194 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 211: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Police Department Private Contributions account
($110,000); and appropriates the same to the Police Department Private
Contributions account. Funds would be used for overtime costs to staff police
officers at traffic points along the 2022 IRONMAN World Championship triathlon
route in Kailua-Kona.
Reference: Comm. 983
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
and
Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting
proposed amendments to Bill 211.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 211 on first
reading. Seconded by Mr. Inaba.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 211 with
the contents of Comm. 983.1. Seconded by Ms. Lee Loy.
CHR. DAVID: Discussion, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: If everyone would, if you'd like to, on the
back of Communication 983.1 that is attached to Resolution 541, there is also a
breakdown for the movement of funds and the different account numbers that this
will be moving to that corelates to Bill 211, although I've never seen the
communication used in both the resolution and the bill. And that was mentioned
by Ms. Lee Loy. It's very efficient and it makes sense. So, in this case, that's my
comment. That's all I have, Chair. I yield.
Page 64
Hawaii County Council-49 September 21,2022
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the
amendment? Seeing none, all those in favor of approving Bill 211, as amended
with the contents of Communication 983.1,please say "aye."
MR. HENRICKS: I'm sorry. Did you take the vote on the motion to amend?
Did I miss? There's a motion on the floor to amend.
CHR. DAVID: Oh, I'm sorry. Okay. I don't think I did. So, on the motion to
amend, all those in favor of amending Bill 211 with the contents of
Communication 983.1,please say "aye."
Vote on Motion to The motion to amend Bill 211 with the contents of
Amend: Comm. 983.1 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.
Vote on Bill 211: The motion to pass Bill 211, as amended to Draft 2, on first
Draft 2 reading 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.
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.)
Page 65
Hawaii County Council-49 September 21,2022
Bill 196: REPEALS ORDINANCE NO. 17-7, WHICH AMENDS SECTION 25-8-33
(CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY
RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD
COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004
(Planning Director Initiated) (Area: Approx. 1.000 acre)
The Windward Planning Commission forwards its favorable recommendation to
revert the zoning from Neighborhood Commercial to its original designation of
Single-Family Residential at the request of the landowner. The property is located
along the east(makai) side of Kilauea Avenue, approximately 180 feet north of its
intersection with East Kahaopea Street.
Reference: Comm. 913
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: September 7, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 196 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Just to recap, some years ago, the owners of
the property had intended to move forward with some commercial development
of the property. Plans fell through. So, they reached out to the Planning
Department to revert back to original zoning, and that's the bill that we have
before us today. We've talked about it at Committee and at our last Council
meeting, so just 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 196 at second and final reading,please say "aye."
Vote on Bill 196: The motion to pass Bill 196 on second and final reading
(Adopted) 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.
Page 66
Hawaii County Council-49 September 21,2022
Bill 197: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Federal Grants —Housing Choice Voucher-Housing
Project account($180,000); and appropriates the same to the Housing Ulu Wini
Other Current Expenses account, bringing the total appropriation to $1,355,312.
Funds would be used to subsidize operating costs required to run the Ulu Wini
Housing project.
Reference: Comm. 914
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: September 7, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 197 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: There was no discussion on this measure at
Committee or first reading, and I have no discussion now, Chair. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 197 at second and final reading, please say "aye."
Vote on Bill 197: The motion to pass Bill 197 on second and final reading
(Adopted) 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.
Page 67
Hawaii County Council-49 September 21,2022
Bill 198: AMENDS SECTION 25-8-32 (SOUTH HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE-
FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT AINAOLA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:025
(Applicant: RJL, LLC) (Area: Approx. 13.838 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to apply for a subdivision of
33 lots to be sold on the open market. The property is located at the southwest
corner of the Haihai Street and Ainaola Drive intersection.
Reference: Comm. 919
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: September 7, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 198 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. We've discussed this request to rezone in
Committee and Council. We do have the representative for the applicant,
Daryn Arai, here and the applicant, Laurie Higashi. I want to disclose that I am a
member of the Zonta Club of Hilo with Laurie, but I don't think that has impeded
my ability to make a decision on this particular matter. What's being proposed is
a 33-lot subdivision; however, the ordinance does allow for them to exercise that
right up to 40 units. But it's all going to come down to the number of water
commitments that are available. Right now, there are 33 water commitments to
the property. I think it's a good ask, and I'll be supporting this measure and
encouraging my colleagues to do the same. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Inaba.
MR. INABA: Thank you. We received testimony yesterday regarding this bill.
So, I just want to ask, and it might have been previously discussed, but, Mr. Arai,
for the affordable housing component of this rezone, how does the applicant
intend to satisfy any requirements?
MS. KIERKIEWICZ: Council Member Inaba, they're approaching the koa table.
(Note: At this time, Daryn Arai, applicant's representative, and
Laurie Higashi, applicant, came forward to address the members of the
Council.)
Page 68
Hawaii County Council-49 September 21,2022
MR. ARAI: Aloha. I had to check my watch. It's the afternoon. Good
afternoon, Chair David, members of the Council. Council Member Inaba, I would
have to defer to the applicant on how they anticipate satisfying the affordable
housing condition.
MS. HIGASHI: We've been working with the Office of Housing at the
appropriate time to determine how to deal with the affordable housing.
MR. INABA: Ms. Higashi, do you know what the affordable housing credit
requirement is for this project?
MS. HIGASHI: I think we're looking at doingactually, I don't know.
MR. ARAI: Maybe I can jump in real quickly. Normally, it's 20 percent, but
then at the same time, how they arrive at satisfying, it's most likely through
purchase of affordable housing credits simply because throughout this application
process the project itself was to offer the lots within this project at market rates.
So, as presented, there's no affordable housing component to be considered
within the project site itself.
MR. INABA: Concerned about? Very.
MR. ARAI: Is your question ?
MR. INABA: So, are we assuming, then, that the affordable housing requirement
is being met via excess housing credits?
MR. ARAI: That's one of the things that definitely will be explored.
MR. INABA: Okay. So, let me just ask, is that the intention then? If it's not
intended to be built, there's only a couple other options. So, Mr. Arai or
Ms. Higashi, what is the plan?
MS. HIGASHI: We're going to explore all the options. I mean, some options
would be also to do the half credit with the affordable lot price at 305, 320 for a
half credit. We are expecting probably to be selling most of the lots under that
price.
MR. INABA: Okay. So,just not sure yet at this time, right. Okay.
MS. HIGASHI: Yeah. We'll work with the Office of Housing at the appropriate
time.
MR. INABA: Thank you, Ms. Higashi. Thank you, Mr. Arai. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else?
Page 69
Hawaii County Council-49 September 21,2022
MR. KANEALI`I-KLEINFELDER: Chair, I have one question.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Please excuse these questions;
it's a little bit late. But as I ran through the bill one more time, I noticed a
substantial amount of this property is in Flood Zone AO. Is that right? AO? It
caught my attention because in the past, we've had people who live in
surrounding communities concerned with water flow sheeting off. Because when
we flatten and we grade, water flows. We put up roofs, water flows. So, I'm
putting this on the record. It's in here. I know you have a plan. But I just want to
make sure your there's a stream that is being noted and water depths of one to
three feet. When we do construction or projects like this, we actually usually
worsen the water sheeting. If you want to make a comment on your plan, fine.
I'm really just putting on the record that it's noted.
MS. HIGASHI: We did hire a consultant to come up with the CLOMR
(Conditional Letter of Map Revision) for this area. We're expecting the results; I
think it was supposed to be a couple weeks ago but still waiting on that. So, we
are planning on remediating that flood zone.
MR. KANEALI`I-KLEINFELDER: Okay. Is the movement of the water for
the—it's hard to read, sorry. It's Palai Stream, yeah? And it looks like it runs in
alignment with Haihai, yeah. Thank you. So, is the water going to be redirected
on to existing culverts on Haihai? Or are you waiting on results from the
CLOMR?
MS. HIGASHI: Waiting on results for the CLOMR.
MR. KANEALI`I-KLEINFELDER: Okay. That would be my only concern. I
just wanted to put it on the record. I'll be supporting this today.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. DAVID: Mr. Inaba, go ahead.
MR. INABA: One last comment. I guess this is just for all of us as we continue
as a County to navigate through our affordable housing credit fiasco, that if
affordable housing credits are going to be submitted to satisfy the affordable
housing requirement, let's be very careful and double-check not just this
application, but every application until we get our credits sorted out to ensure that
these credits are legitimate. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else?
Page 70
Hawaii County Council-49 September 21,2022
MS. KIMBALL: Chair David, this is Council Member Kimball.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: I just want to also disclose my acquaintance with the applicant,
although it does not affect my ability to make a fair and unbiased decision on this
matter.
CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in
favor of approving Bill 198 at second and final reading, please say "aye."
Vote on Bill 198: The motion to pass Bill 198 on second and final reading
(Adopted) 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.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
CHR. DAVID: I think that takes us to the end, right? Thank you.
ADJOURN- There being no further business, at 12:22 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Page 71
Hawai`i County Council-49 September 21,2022
CHR. DAVID: Mahalo, Council Members in Hilo. We are adjourned at 12:22.
Council Approval: OCT 1 9 2022
COUNT
JH/dg
Page 72