HomeMy WebLinkAboutMIN RAWEEMC 2022/11/15 2020-2022 Committee on Regenerative Agriculture,Water, Energy,
And Environmental Management
25th Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
November 15, 2022
CALL TO The regular meeting of the Committee on Regenerative Agriculture, Water,
ORDER: Energy and Environmental Management was called to order at 11:15 a.m.,
in the Council Chambers, Kailua-Kona, by Mr. Matt Kaneali`i-Kleinfelder,
Acting Chair.
ROLL CALL:
Present: Mr. Matt Kaneali`i-Kleinfelder, Acting Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile Medeiros David, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Absent& Excused: Mr. Holeka Goro Inaba, Vice Chair
Mr. Herbert M. "Tim" Richards, III, Chair
Ms. Susan L. K. Lee Loy, Member
Ms. Rebecca Villegas, Member
STATEMENTS The Chair directed the Committee 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 in support and comment
on Bill 245 (Comm. 1104), and came forward when called by the Chair:
Eileen O'Hara.
Jon Olson.
ACTING CHR KANEALI`I-KLEINFELDER: Mr. Clerk, if we could go to our
first Order or Business, Bill 245.
RAWEEMC-25 November 15,2022
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
Bill 245: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 10,
SECTION 6-10.3 OF THE HAWAII COUNTY CHARTER (2020 EDITION),
RELATING TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Replaces the requirement that the Director of Environmental Management have an
engineering degree or a degree in a field related to engineering with the requirement
that the Director have a bachelor's degree in engineering, public administration,
environmental management, environmental policy, environmental economics or a
related discipline, or a degree in law. Adds the requirement that at least two of the
five years of required administrative or managerial experience must be in
environmental management or public works, or a related field.
Reference Comm. 1104
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to recommend passage of Bill 245
on first reading. Seconded by Ms. David.
ACTING CHR KANEALII-KLEINFELDER: Mr. Chung.
MR. CHUNG: Thank you. You know, this really speaks for itself. All I was
trying to achieve with this measure was to expand the pool of potential candidates
for directorship, as well as the other one that's going to come up later. And you
know, everyone will accept things differently, but I think the more people that
you can select from, the better.
The two changes are, for the public's information, is that let's see, I expanded the
list of people who could qualify from. Right now, it's a person with an
engineering degree. You have to have an engineering degree or a degree in a
related field, but I don't even know what a degree in a related field is, quite
frankly.
So now, it says, "Shall have a baccalaureate's degree in engineering,public
administration." And you know, I kind of looked online at different jurisdictions,
and a lot of them have this public administration, not for DEM (Department of
Environmental Management), more for Public Works. But the Public
Administration degreeI don't even know if our schools here have a public
administration degree offered.
But Environmental Management, environmental policies are heavily ladened with
environmental stuff later, environmental economics or a related discipline. Now,
this might kind of raise some eyebrows. I also said, "or a degree in law." And of
course, I am a lawyer, right? But I'm fond of that degree, because I really believe
that it is one of the most versatile disciplines that anyone can have.
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You know, this is what I stated to the newspaper when he interviewed me and it
wasn't really quoted, but I'm going to say it right now. I've never tried to
advance my personal interests all the times that I've been on the Council, and I'm
not going to start today. Moreover, this is not to try to feather my cap or anything
like this, because I don't qualify under, you know,the experience part. So, let's
just dispel that crazy notion, in case anyone has that thought in mind.
But the reason why I put the law degree in there, is that let's look at it historically.
We have Bobby Jean Leithead-Todd, who was the Environmental Management
Director before. She was a lawyer. Just recently,we had Diane Noda, who
served as Number Two in the Harry Kim Administration. You know, if they can
serve as Number One or Number Two—and you know, of course, it was a kind of
contentious confirmation, I have to admit for Bobby Jean.
But, if the Number Two, at least, can serve asI mean if a lawyer can serve as
the Number Two person, you know, the Number Two is in the absence of the
Number One. So, what's the difference there? I just thought I'd add that in. If
you guys want to take it out, it's fine, because this thing—if it does reach its final
form, it's not going to be with me or Maile around.
But this is just to start the discussion rolling. And really, the whole intent is to
expand the pool of qualified applicants. I don't know how many people applied
this past time. This has nothing to do with the present Administration, and there's
nothing to preclude an engineer from being nominated, appointed, and then
confirmed later on. It's really going to be up to the preference of both the Mayor
and the County Council.
Now, I just wanted to read this one—an excerpt of a letter that we all received,
and it is from the former, I think she addressed herself as former State Senator,
Laura Acasio. And you know, I really respect her, but she said here, in opposition
to it, because this is arguably one of the most important positions in our County
government. If not properly managed—my experience, inappropriate; educated
professionals, and there could be huge consequences. And then she points out,
that as you may know, there is a standing upcoming Administrative Order on
consent from the EPA (Environmental Protection Agency) for a number of
wastewater issues in our County, including the Hilo Wastewater Treatment Plant.
So, if we're in that kind of situation right now, I think it would actually serve as a
support for broadening the scope of people that we can hire as the Director,
because this situation occurred with our present setup. So, I just think, you know,
we need managerial skills in that position. I'm not saying that engineers don't
possess managerial skills, but you want an engineer who has solid managerial
skills.
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If you guys want to increase that provision which says that they have to have two
years, well two years of experience, having been in Environmental Management,
Public Works, or a related field, then do it. Bump it up to three, four, five,
whatever. That's really up to you guys. But I really would ask that this Council
takes seriously the concept of opening up the pool of candidates that are available
to any person who's going to be selected. And that's all. Thank you.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung.
Ms. David.
MS. DAVID: Thank you, Chair. Mr. Chung, I want to say, thank you for
expanding this, because I think, while we will not be here later, it does bring up
and raise the questions that were discussed during several appointments in the
past. And so, I think that I have to agree with your comments in expanding our
pool. Someone mentioned that expanding the pool, we could do that by raising
the salaries. And I just don't see how that would get us any better pool of
candidates if we just raise the salary amount.
I think they all interact and relate to each other, but I think in this case, your
amendment provides a wider range, and I especially like the focus on the
administrative aspect and skills to be included in that process. So, Council
Members, it'll be your call after this. So, that's my comments, and I thank you
Mr. Chung. I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. David.
Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Chung,
for all these surprises at the end of your tenure on the Council. Always keeping it
really interesting here. I'll be supporting continuing the conversation on this
particular bill. I don't know if the five of us here can make the decision to kind of
move this forward to Council. I think it would behoove us to connect and check
in and have a robust discussion with the Council that's to be sat on December 5h
about what we should do about this particular amendment, but I'm for it.
I'm for finding ways to widen, expand, and boost our candidate pool for this
particular position. I mean it's really evident that our relationship as people with
the environment, has severely deteriorated. And so, restoring that harmony and
balance I see to be a major kuleana of this particular department. It's not just
about managing our waste streams, it's really thinking about having a healthy
planet for future generations. And so, it's about solving environmental crises and
preventing ecological disasters. That's what it really comes down to.
So, with this particular amendment, Council Member Chung, we are able to
attract, I think, the kind of people that have the tools, the skill sets, the knowledge,
and capacity to help us confront the major environmental issues that we're facing,
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and we will face in the future. So, that being said, I will be supporting moving
this amendment forward but would like to keep it in Committees so that we have
new Council Members weigh in on this, and because it is suchI don't know,
people are just feeling like you're turning everything on its head, Mr. Chung.
Just a bit more discussion with members of our community, I think to have and
inform this particular debate, would be really healthy. Again, supporting it and
appreciate you bringing it forward. I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz.
Ms. Kimball.
MS. KIMBALL: Thank you, Chair. And yes, I'll echo my colleagues here and
say thank you, Mr. Chung, for bringing this forward so that we can have a
discussion. And I concur that we should probably keep it here in Committee to
January 4h when our new Council is seated and can fully deliberate the
information.
In general support, the effort of what is trying to be done here, I think there's
some word smithing that might be necessary just to you know, for example, not
all of the proposed options or related fields would require a bachelor's degree, per
se. It might be—some engineering degrees will go straight to masters without a
bachelor's, so I think we might want to just provide that language.
To give an example, I'm a littleI'm over the fence, I should say. I'm not real
excited about the law degree in isolation. I think we need to maybe qualify that in
particular fields of law, but I will defer to later discussions on that. But do
appreciate the ability to have this conversation. It is a challenge for us to find
qualified candidates for these important positions. Creating more appropriate
guidelines is one way to expand that. Appreciate having it brought forward, and
after the rest of the comments made, I think we're happy to make the motion to
postpone to January.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kimball.
Mr. Chung.
MR. CHUNG: Thank you. Obviously, everyone here gets the intent of this bill,
and I appreciate that. It was never my intention to have this thing moved forward
anyway, especially when I heard we're only going to have five members present
today. That made it problematic, and I knew you know, Tim wasn't going to be
here anymore too. So, you know, it's certainly a sensible idea of keeping it here
in Committee until such time as others can vet it.
But really, I wanted to give the next Council, you know, a full term to really think
about this and the other Charter proposal. I know that thing, the degree in law
kind of sticks out like a sore thumb, right, when you read it. And it could be
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following up on what Ms. Kimball said. You could just have a degree in
engineering, blah, blah, blah; or you know, environment or law,just take out
certain words, and that might make it a little less awkward.
But I really hope that you guys can come up with something that gives more
people an opportunity to serve in these very important positions. And that's all.
Thank you.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung. Seeing
no further discussion, my comments are simple. I've watched different
departments and different directors come and go. And just from my time in
private industry, I think the inclusion of managerial experience adds a lot.
Because it's not just the content of what the department does, it's the ability to
work with others. That really is crucial.
When you have a department with multiple department heads and two, three, four,
500 staff, you need to be able to work with people and interact with Council and
Administration, and have good common sense knowledge, and higher-level
education in the field that you're in. So, I think this does a favor to the people of
Hawaii County, and maybe there's some wordsmithing that needs to be done, but
I think the intent is good. I would appreciate a motion to keep it in Committees,
so that the next Council coming in can discuss.
Motion to Postpone: Mr. Chung moved to postpone Bill 245 to
January 4, 2023. Seconded by Ms. David.
ACTING CHR KANEALI`I-KLEINFELDER: Any discussion? All in
favor?
Vote on Motion The motion to postpone Bill 245 to January 4, 2023
to Postpone: was carried by the following voice vote:
(Approved)
Ayes: Committee Members Chung,
David, Kierkiewicz, Kimball,
and Acting Chair Kaneali`i-Kleinfelder—5.
Noes: None.
Absent: Committee Members Inaba, Lee Loy,
and Villegas —3.
Excused: None.
ACTING CHR KANEALI`I-KLEINFELDER: That does bring us to the end of
our agenda today. Motion to adjourn.
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ADJOURN- There being no further business, at 11:38 a.m., Ms. David moved to adjourn the
MENT: meeting. Seconded by Ms. Kierkiewicz and carried by the following voice vote:
Ayes: Committee Members Chung,
David, Kierkiewicz, Kimball,
and Acting Chair Kaneali`i-Kleinfelder— 5.
Noes: None.
Absent: Committee Members Inaba, Lee Loy,
and Villegas— 3.
Excused: None.
ACTING CHR. KANEALI`I-KLEINFELDER: We are adjourned.
Approved:
11- 1 !'s 2 2
Mr. Matt Kane:li`i-Klein i-lder, Acting Chair (Date)
Regenerative a,griculture, Water, Energy
and Environ, ental Man.gement Committee
MK/dt
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