HomeMy WebLinkAboutMIN COUNCIL 2022-11-16 2020-2022 Hawaii County Council
53`'d Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
November 16, 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: 9:01 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David,
Chair.
ROLL CALL:
Present: Ms. Maile Medeiros David, Chair
Mr. Aaron S. Y. Chung, Vice Chair
Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo; came in
later)
Ms. Heather L. Kimball, Member
Absent& Excused: Ms. Susan L. K. Lee Loy, Member
Ms. Rebecca Villegas, Member
Vacant: District 9 is vacant.
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:
Hawaii County Council-53 November 16,2022
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Russell Ruderman: Bill 220, Draft 3 (Comm. 1022.103), comment.
(representing Island Naturals)
Lorraine Shin: Bill 230 (Comm. 1060), comment.
Alan Rolph: Res. 615-22 (Comm. 1106), in support.
(representing Friends of
Amy B. H. Greenwell
Ethnobotanical Garden)
Pat Todd: Res. 615-22 (Comm. 1106), in support.
(representing Friends of
Amy B. H. Greenwell
Ethnobotanical Garden)
Dwight Vicente: Res. 599-22 (Comm. 1079);
Res. 608-22 (Comm. 1098);
Res. 615-22 (Comm. 1106);
Res. 616-22 (Comm. 1107);
Res. 617-22 (Comm. 1108);
Res. 618-22 (Comm. 1109);
Bill 220, Draft 3 (Comm. 1022.103);
Bill 222 (Comm. 1031);
Bill 228 (Comm. 1054);
Bill 232 (Comm. 1067); and
Bill 236 (Comm. 1071), comment.
Keoni Fox: Res. 616-22 (Comm. 1107), in support.
(representing Ho`omalu Ka`u)
Michael Matsukawa: Res. 615-22 (Comm. 1106), comment.
CHR. DAVID: Mr. Chung, go ahead.
MR. CHUNG: That was nice of him to say, but at that time, only had two
deputies. Remember?
CHR. DAVID: Thank you for that, Mr. Chung.
Page 2
Hawaii County Council-53 November 16,2022
Todd Yukutake: Bill 220, Draft 3 (Comm. 1022.103), in opposition.
(representing Hawaii
Firearms Coalition)
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 October 19,
of Minutes: 2022. Seconded by Ms. Kimball and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball,
and Chair David—5.
Noes: None.
Absent: Council Members Kierkiewicz, Lee Loy,
and Villegas —3.
Excused: None.
CHR. DAVID: Clerk Henricks, there's been several requests for out-of-order
resolutions, and I'd like to take them first. No. 1, Resolution 608, 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:
Res. 608-22: APPROVES THE DEDICATION OF ROAD LOT 1, INCLUDING ITS SEWER
EXTENSION, IDENTIFIED AS TAX MAP KEY: 7-4-008:076 (KANALANI
STREET EXTENSION, KAULA`ILI STREET, AND KIMO DRIVE),
SITUATED AT HONOKOHAU, NORTH KONA, ISLAND AND COUNTY OF
HAWAII, STATE OF HAWAII, AND UTILITY EASEMENT E-1 FROM
WEST HAWAII BUSINESS PARK LLC, A HAWAII LIMITED LIABILITY
COMPANY
The landholder seeks to dedicate the roadway and all improvements, including
sewer extension improvements, for public roadway and wastewater purposes.
Reference: Comm. 1098
Intr. by: Ms. Lee Loy (B/R)
Waived: PWMTC
Motion to Approve: Mr. Inaba moved to adopt Res. 608-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
Page 3
Hawaii County Council-53 November 16,2022
MR. INABA: Yes, I believe we have a representative from the property,
Mr. Riley Smith, as well as our Deputy Corporation Counsel Sinclair here.
Mr. Smith, would you like to come up and just give us a quick summary as to the
dedication of this road?
(Note: At this time, President and Chief Executive Officer Riley Smith,
Lanihau Properties, LLC, came forward to address the members of the
Council.)
MR. SMITH: Good morning, Council. Councilwoman David, thank you for your
service all these years. Appreciate it. Mr. Chung also. Riley Smith; I'm the
President/Chief Executive Officer for Lanihau Properties. West Hawaii Business
Park is a wholly owned subsidiary of Lanihau.
As you're aware, we amended our zoning ordinance a number of years ago. We
obtained final subdivision approval. We started road construction work in June of
2021. We completed all the paving in August. We're looking forward to being
able to dedicate this road to the County so that we can provide a safer means of
access for everyone who shops at Kaloko, to transit through Kanalani Street and
the new signal at Queen Ka`ahumanu Highway, and avoid having to transit out
towards Hinalani. I'm available to answer any questions.
MR. INABA: Mahalo. Just myself—we also have Director Pause here from
DPW (Department of Public Works). Because this has been waived directly to
Council, Director Pause, if you could, on the record, confirm that all requirements
for this dedication have been met and we're good to go.
(Note: At this time, Public Works Director Stephen Pause came forward
to address the members of the Council.)
MR. PAUSE: Good morning. Steve Pause, Director of Public Works. Yes, I can
confirm that we've completed all our inspections, and the DPW is most anxious to
get this approved and moved on to dedication.
MR. INABA: Mahalo. Yeah, this has been a long process. Glad we're finally
here right before the holidays. Sinclair, is there anything that you would like to
add or are we all good? I'm excited. This is in my district and will help to
alleviate some of the traffic in the area. So, thank you, Mr. Smith and DPW folks,
Corporation Counsel. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? In Hilo, please shout out if
you have comments to make. Thank you. I want to note that Council
Member Kierkiewicz is in our room in Hilo in our chambers. Welcome,
Ms. Kierkiewicz. On that note then, if no other comments, all those in favor of
approving Resolution 608,please say "aye."
Page 4
Hawaii County Council-53 November 16,2022
Vote on Res. 608-22: The motion to adopt Res. 608-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration. Seconded by Ms. Kimball
Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Mr. Smith, go ahead.
MR. SMITH: I just wanted to mention that as soon as I get the certified
resolution, I'll open the road five minutes later. So, you let me know when that
happens.
CHR. DAVID: That's going to be an event for everybody to appreciate.
MR. SMITH: Yeah. Before Black Friday.
CHR. DAVID: Okay, thank you.
MR. SMITH: Thank you.
CHR. DAVID: Duly noted. Okay. Clerk Henricks, can we go to
Resolution 599-22, please?
Page 5
Hawaii County Council-53 November 16,2022
Res. 599-22: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS,
PURSUANT TO SECTION 2011-1-38 OF THE HAWAII REVISED STATUTES,
FOR THE HO`OMALU AFFORDABLE HOUSING PROJECT IN WAIKOLOA,
HAWAII, COVERED BY TAX MAP KEY: 6-9-008:032 (Area: 25.38 acres)
Stanford Carr Development requests exemptions from the density cap set forth in
Section 25-5-31 of the Hawaii County Code and the applicable plan review and
permits fees set forth in Sections 5-7-1 and 5-7-3, Hawaii County Code, to allow
for the development of 229 affordable housing units.
Reference: Comm. 1079
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-83
(Note: Comm. 1079.3, from Housing Administrator Susan Kunz dated
November 14, 2022, transmitting information to be included with Exhibit A for
Res. 599-22; and Comm. 1079.12, from Council Member Ashley L. Kierkiewicz
dated November 14, 2022, transmitting proposed amendments to Res. 599-22,
were circulated.)
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 599-22 and Planning
Committee Report No. 83. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
Motion to Amend: Ms. Kierkiewicz moved to amend Res. 599-22 with the
contents of Comm. 1079.12. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. There are several amendments that are
moving in with this communication. For the resolution title, we are doing a
simple housekeeping measure and ensuring that the word "affordable" is spelled
correctly. Then, as you can see on page 2, there were requests by Council
Members for clarification as to the number of units and what is actually going to
be available to the community, as well as how many are dedicated for onsite
managers. There was also a request, because of transparency, to identify how
much plan review and permit fees are going to be waived through this resolution
request. So, happy to answer any questions that folks might have. I believe we
have Office of Housing and Planning available, as well as the applicant available
in Kona chambers in case folks have questions for them. Thank you, Chair.
CHR. DAVID: Yes, we do, Ms. Kierkiewicz. Thank you for that. Any other
discussion, Council Members? Seeing none, all those in favor of amending
Resolution 599-22 with the contents of Communication 1079.12, please say
Ic aye.
Page 6
Hawaii County Council-53 November 16,2022
Vote on Motion to The motion to amend Res. 599-22 with the contents of
Amend: Comm. 1079.12 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Back to the main motion, as amended. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to thank the developer for
coming through and following through with the submission of this 201H
application. I'll be supporting this project. Thank you, Chair.
CHR. DAVID: Thank you very much. Anyone else?
MR. HENRICKS: We need a suspension of the Rules to vote on this today.
CHR. DAVID: Okay. Mr. Inaba.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 24 to waive the
Suspend Council holdover for the substantive amendment of Res. 599-22.
Rules: Seconded by Ms. Kimball and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Vote on Res. 599-22: The motion to adopt Res. 599-22, as amended to Draft 2,
Draft 2 and Planning Committee Report No. 83 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Now, can we move on to Resolution 615,please?
Page 7
Hawaii County Council-53 November 16,2022
Res. 615-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
FRIENDS OF AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN
Approves a grant of$95,380 to Friends of Amy B. H. Greenwell Ethnobotanical
Garden, a 501(c)(3)nonprofit organization, to protect, preserve, and restore the
Amy B. H. Greenwell Garden properties (Tax Map Keys: 8-2-013:002, 003, 014;
8-2-014:043; and 8-2-015:059), pursuant to Section 10-16(h) of the Hawaii County
Charter.
Reference: Comm. 1106
Intr. by: Ms. David
Waived: FC
Motion to Approve: Mr. Inaba moved to adopt Res. 615-22. Seconded by
Ms. Kimball.
CHR. DAVID: Thank you, Mr. Inaba. I just would like to thank the Greenwell
gardens for all that they've done, and very happy that you folks have been able to
secure the maintenance stewardship funding. I ask for my colleagues' support of
this very wonderful thing for our community in South Kona. Anyone else?
Seeing none, all those in favor of approving Resolution 615-22, please say "aye."
Vote on Res. 615-22: The motion to adopt Res. 615-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Two more resolutions. (Resolution) 616,please.
Res. 616-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
HO`OMALU KAT
Approves a grant of$26,675 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization,
to protect,preserve, and restore the Kahua `Olohu, Kaunamano, property (Tax Map
Key: 9-5-012:005), pursuant to Section 10-16(h) of the Hawaii County Charter.
Reference: Comm. 1107
Intr. by: Ms. David
Waived: FC
Page 8
Hawaii County Council-53 November 16,2022
Motion to Approve: Mr. Inaba moved to adopt Res. 616-22. Seconded by
Ms. Kimball.
CHR. DAVID: Any discussion, Council Members? Seeing none, I just want to
thank Ho`omalu Ka`u for all their hard work, and ask for my colleagues' support.
All those in favor of approving Resolution 616-22,please say "aye."
Vote on Res. 616-22: The motion to adopt Res. 616-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: The last resolution is 617,please.
Res. 617-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
NA MAMO O KAWA
Approves a grant of$117,012.48 to Na Mamo O Kawa, a 501(c)(3)nonprofit
organization, to protect,preserve, and restore the Kawa Bay properties (Tax Map
Keys: 9-5-016:006 and 025; and 9-5-017:005 and 007), pursuant to
Section 10-16(h) of the Hawaii County Charter.
Reference: Comm. 1108
Intr. by: Ms. David
Waived: FC
Motion to Approve: Mr. Inaba moved to adopt Res. 617-22. Seconded by
Ms. Kimball.
CHR. DAVID: Thank you, Mr. Inaba. Again, I'd like to thank Na Mamo
O Kawa for having taken care of this beautiful natural resource in Ka`u, and ask
for my colleagues' support. All those in favor of approving Resolution 617-22,
please say "aye."
Page 9
Hawaii County Council-53 November 16,2022
Vote on Res. 617-22: The motion to adopt Res. 617-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Now, we can go to bills for first reading. Bills 228 and 229.
Bill 228: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT
KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY: 6-2-009:015
Approve: PC-84
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 228 on first reading
and adopt Planning Committee Report No. 84. Seconded
by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We had a great discussion in
Committee. Straightforward request to subdivide this property and resolve the
condominium property regime issues that were attached. So,just looking for
everyone's continued support, and I believe the applicant and their representative
are available in case folks have questions. Thank you.
CHR. DAVID: Yes, they are here. Thank you, Ms. Kierkiewicz. Anyone else?
Seeing none, all those in favor of approving Bill 228 at first reading, please say
Ic aye.
Vote on Bill 228: The motion to pass Bill 228 on first reading and adopt
(Approved) Planning Committee Report No. 84 was carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, and Chair David—5.
Noes: None.
Absent: Council Members Chung, Lee Loy,
and Villegas —3.
Excused: None.
Page 10
Hawaii County Council-53 November 16,2022
Bill 229: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO
RESIDENTIAL AND AGRICULTURAL—TWO ACRES (RA-2a) AT
KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY: 6-2-009:015 (Applicant: Arte McCollough) (Area: 5.848 Acres)
The Leeward Planning Commission forwards its favorable recommendation for this
amendment to the State Land Use Boundaries Map and a change of zone, which
would allow the applicant to subdivide the property into two lots with an existing
single-family dwelling on each lot, for estate planning purposes. The property is
located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its
intersection with Kawaihae Road, Kanehoa Subdivision in South Kohala.
Reference: Comm. 1054
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-85
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 229 on first reading
and adopt Planning Committee Report No. 85. Seconded
by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. This is the companion measure, Chair. Just
looking for everyone's continued support. I yield.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 229 at first reading, please say "aye."
Vote on Bill 229: The motion to pass Bill 229 on first reading and adopt
(Approved) Planning Committee Report No. 85 was carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, and Chair David—5.
Noes: None.
Absent: Council Members Chung, Lee Loy,
and Villegas —3.
Excused: None.
CHR. DAVID: Thank you for being here, Mr. Arai, and your clients. Thank you.
Now, can we move to Bill 222?
Page 11
Hawaii County Council-53 November 16,2022
Bill 222: AMENDS SECTION 25-8-19 (NORTH 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—20 ACRES (A-20a) TO
FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT `O`OKALA,
NORTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 3-9-001:023,
AND 031 (Applicant: Leonard Cardoza Trust) (Area: 15.404 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone request, which would allow the applicant to apply to subdivide
the property into seven lots. The property is located to the north(makai) of
Mamalahoa Highway, approximately 270 feet east of its intersection with Milo
Street, Portion of Humu`ula and `O`6kala, in North Hilo.
Reference: Comm. 1031
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: November 2, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 222 on second and
final reading. Seconded by Ms. Kimball.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We've had robust discussion on this.
The request is a responsible one and in line with the General Plan and the
Hamakua CDP (Community Development Plan). So, looking for everyone's
continued support. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 222 at second and final reading,please say "aye."
Vote on Bill 222: The motion to pass Bill 222 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Can we now move to two more bills out of order? Bill 230;
Mr. Takemoto's in Hilo.
Page 12
Hawaii County Council-53 November 16,2022
Bill 230: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII
DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS
AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO BUSINESS
IMPROVEMENT DISTRICTS
Establishes a Business Improvement District to finance certain infrastructure
improvements and supplement public safety, sanitation, transportation, and
landscaping services in the Downtown Hilo area, to be applied to 183 parcels
assessed at$500 per parcel each year.
Reference: Comm. 1060
Intr. by: Mr. Chung
Approve: FC-228
(Note: Comm. 1060.2, from Council Member Aaron S. Y. Chung dated
November 16, 2022, transmitting proposed amendments to Bill 230, was
circulated.)
Motion to Approve: Mr. Chung moved to pass Bill 230 on first reading and
adopt Finance Committee Report No. 228. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: I was actually going to ask for a deferral on this matter today, but
after discussing this with members of the community outreach committee, it's
their preference to keep this moving. I think that's probably the better thing to do
and I'll explain why. But there is one slight problem. We are still in the process
of amending Exhibits A, B, and C. A is the development plan. B is the map but
that's pretty easy, and C has to do with all of the affected properties, okay. And
that's a crucial component to all of this.
But why we want to keep this moving is because we're kind of looking at some
timelines. And this kind of addresses what Ms. Shin brought up, the notice to the
affected owners. Because today, on first reading, according to our County Clerk,
and I agree with him, this constitutes the introduction of this piece of legislation.
It's not the date that I signed it. It's first reading.
What happens on its introduction is it triggers certain things, the most important
of which is notice to affected landowners and a public hearing. That public
hearing has to be held no earlier than 30 days from its introduction, the bill's
introduction, and no later than 90 days. So, we're kind of looking at that 60-day
window. That's why the committee wanted to keep this moving, and it makes
good sense for them to do it even if we don't have those exhibits prepared.
Page 13
Hawaii County Council-53 November 16,2022
Mr. Takemoto, Roy Takemoto, is going to be able to explain very briefly what the
changes will be in Exhibit A. As I said, Exhibit B will just reflect a different—
it's
ifferentit's the map and it will delineate the affected areas. And the all-important one is
Exhibit C, which will list all of the affected landowners or properties. That's
crucial because we have to give notice of the public hearing. We know what they
are already because the committee has been working with Real Property Tax, but
we don't have the document ready. That's the only problem. But it will be ready
and we know what's going to be in that exhibit. But I just ask the Council to
please move this forward so that we can start the ball rolling already on this. But
why don't we just call Mr. Takemoto up briefly so he can explain the differences
in the present Exhibit A and what's going to come down the pipe. Thank you.
MR. HENRICKS: Madam Chair?
CHR. DAVID: Thank you. Yes, Mr. Clerk.
MR. HENRICKS: May I interject prior to Mr. Takemoto's presentation?
CHR. DAVID: Sure.
MR. HENRICKS: I think it's just important procedural information. Agree with
Mr. Chung's assessment; today is the day of introduction. It starts the window
that you referenced, which part of that is sending a notice to each potentially
affected owner, by registered mail, of the proceedings, and that there will be a
public hearing convened specifically for the purpose of people filing protests on
this may determine if there's sufficient support for it. The Clerk's office is
responsible for that.
I will not be comfortable filing that notice based upon a document that is not
already part of the bill. Preference would be to make sure this is all handled in a
sound manner, that the bill be amended first to include the correct and updated
roll of potential assessors or people that will be assessed. So, that will be an
official document that we could use to then send out proper notice pursuant to
Section 35-12 of the Hawaii County Code.
Therefore, I would ask that this measure be held on first reading, which, I think, I
could be mistaken, but is the intention of the Code, too, that the bill be held in
first reading until such time that that public hearing has convened and adjourned,
and notice has been or opportunity for people to, by protest, has been duly
provided. Included with that letter noticing of the public hearing will be a form
for people to file their protest to bring with them to the hearing. We'll also have
the form available at the hearing. Any and all protests at that public hearing must
be filed before the adjournment of that public hearing. That is how critical that
public hearing is.
MR. CHUNG: Given that, Roy, you heard what our County Clerk said, right?
Page 14
Hawaii County Council-53 November 16,2022
(Note: At this time, former Managing Director Roy Takemoto came
forward to address the members of the Council.)
CHR. DAVID: Mr. Takemoto.
MR. TAKEMOTO: Yes.
MR. CHUNG: And it makes perfect sense. I can't disagree with that logic.
What did you suggest again, Mr. Clerk?
MR. HENRICKS: I do have a timeline that I mapped out that I'd like to share at
this point in time, the 90-day window to provide this. Ideally, the amendments
could be prepared and presented to the Council on the 21" of December. It's the
next opportunity to have a meeting. And then those amendments would be
incorporated into the bill, and we'll have a sound bill we can use for notice
purposes and moving forward. We would then schedule the public hearing for
February
MR. CHUNG: No, no. So, what's the motion?
MR. HENRICKS: The first motion would be the Council needs to call for the
public hearing, according to the posting. The first motion would be to
MR. CHUNG: No, no. We're going to hold this
MR. HENRICKS: Yeah. Prior to postponing it, though, I would ask for the
Council to move to convene a public hearing on November 7,pursuant to Hawaii
County Code Section 35-21.
MR. CHUNG: At a date to be determined by the new Council.
MR. HENRICKS: No. The Code requires that the Council set the date and place
of the public hearing. When it says, "the Council," I confirmed with
Corporation Counsel that means it would be done by motion of the Council
today.
MR. CHUNG: Okay. So, we're going to actually bind the new Council as to a
date.
MR. HENRICKS: Well, it's part of this process. And the public hearing is a
critical component of this and that testifiers had proper notice, and that is all part
of that process. Because today is the date of introduction and the clock starts. It's
just that the proceedings be set into motion today.
MR. CHUNG: Okay, that's good. I mean, it still keeps everything moving like
Roy and his team wanted. So, find us a date then.
Page 15
Hawaii County Council-53 November 16,2022
MR. HENRICKS: Sure. And just to share, the two best available dates would
either be January 4th—which is, and I'm basing this upon days that the Council
would be holding its committees because the anticipation is to hold a public
hearing in Hilo Chambers out of convenience—or February 7th. I think the
January 4th would be difficult because we won't have information that's official to
be able to properly notice, so I would ask for the February 7th. And I'll just ask
for confirmation from others that that February 7th date falls within the 90-day
window. I think it clearly does if we go three months out from today.
MR. CHUNG: Okay. So, basically, we're awaiting the exhibits. Those,
hopefully, will be amended into the document in December.
MR. HENRICKS: They would yes. And by going to February 7th as a public
hearing, it affords a little more time in case that's not done, but I would foresee
that could be accomplished on the 21st
MR. CHUNG: That's fine. Let's see. And it would probably be taken up at the
second meeting in September, then. The final reading of the bill would be taken
up in the second reading of September.
MR. HENRICKS: February.
MR. CHUNG: I mean February.
MR. HENRICKS: Well, actually, we would go back to first reading, and that
would likely occur at the second meeting in February. Then the soonest that
second reading could happen would be the first reading in March, but maybe
more like the second to make sure we clear all procedural matters and make sure
we because you understand this is complex, yeah, this process, to some degree.
MR. CHUNG: Okay. So, what's the first motion?
MR. HENRICKS: The first motion would be to call for the convening of a public
hearing on February 7th, if you prefer, pursuant to Hawaii County Code
Section 35-12.
Page 16
Hawaii County Council-53 November 16,2022
Vote on Motion for Mr. Chung moved for a public hearing to be held on
a Public Hearing: February 7, 2023, for Bill 230,pursuant to Hawaii County
(Approved) Code Section 35-12. Seconded by Mr. Inaba and carried
by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
MR. HENRICKS: That motion carries. So, now the public hearing has been set
by the Council. That is one procedural matter that has been cleared.
MR. CHUNG: And then now, what we're going to ?
MR. HENRICKS: You can continue discussions or move to postpone to
December 21st. Let me check my calendar just to make sure.
MR. CHUNG: Roy, did you want to make an explanation of what's coming
down the pipe with regard to Exhibit A, or you just want to hold off until the next
time it's taken up?
MR. TAKEMOTO: I think we should give time to everybody to just review
everything.
MR. CHUNG: Okay, perfect.
MR. TAKEMOTO: And just the status of that Exhibit C, it is almost ready. I
think we're just missing like a dozen parcels' information.
MR. CHUNG: Right. Okay. I'm going to make that motion, but I wanted to
really thank Roy and his team for their community outreach efforts. They did a
marvelous job. Thank you again.
Motion to Mr. Chung moved to postpone Bill 230 to December 21,
Postpone: 2022. Seconded by Mr. Inaba.
MR. HENRICKS: Just procedural; don't mean to interject too much, but just
want to recap where we are. And thank you for the Council allowing this time to
make sure that Mr. Takemoto has opportunity to carefully review the assessment
roll and for our office to take all the procedural steps necessary, which they're
substantial. So, we appreciate that. And just to note that it is critical that that
Page 17
Hawaii County Council-53 November 16,2022
assessment roll include accurate information so that we can provide proper public
notice and opportunity for people to protest or to support the establishment. So,
thank you very much for that.
CHR. DAVID: Thank you for that comprehensive explanation.
MR. CHUNG: If I could just make one more point. It's really to address some of
the concerns brought up by Ms. Shin. I stated it the last time, but if there are
sufficient amounts of protests that are received, then this measure will have to
fail. Okay, thank you.
CHR. DAVID: Thank you, Mr. Chung. Mr. Inaba.
MR. INABA: Just a quick question, Mr. Chung. I know we got this
communication today. When we meet again on this item, is it the intention to
have a new communication with Exhibit C included in? Just wondering what the
plans might be.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: Ms. Kimball actually asked me that same question. It could be
done either way, yeah. I mean, it could be done via this and then a new one by
Ms. Kagiwada. Or we could just scrap this communication and put all three
together. I really don't have a preference on that. Whatever is easier for the
Council.
MR. INABA: Okay, follow the lead of the district. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? In Hilo? Seeing none, all
those in favor of approving the motion to postpone this matter, Bill 230, to
December 21st, please say "aye."
Vote on Motion to The motion to postpone Bill 230 to December 21, 2022,
Postpone: was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Okay, let me see where we are. We have one more bill; Bill 226.
I believe someone is in Hilo; Mr. Periatt.
Page 18
Hawaii County Council-53 November 16,2022
Bill 226: 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 Federal Grants —State Homeland Security Program
Fiscal Year 2018 account($26,057.96); and appropriates the same to the State
Homeland Security Program Fiscal Year 2018 account. The funds would be used
by the Civil Defense Agency for its Hilo Emergency Operations Center
Enhancement Project.
Reference: Comm. 1041
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 226 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Mr. Periatt is here in Hilo if there's any
questions. I'll be supporting this. Thank you.
CHR. DAVID: Thank you. Anyone else? Thank you for being here, Mr. Periatt.
All those in favor of approving Bill 226 at second and final reading, please say
Ic aye.
Vote on Bill 226: The motion to pass Bill 226 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: With that, I believe we can go to the top of the agenda,
Mr. Henricks.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Page 19
Hawaii County Council-53 November 16,2022
Res. 593-22: STRONGLY URGES THE HAWAII STATE LEGISLATURE, STATE
DEPARTMENT OF TRANSPORTATION, AND DEPARTMENT OF PUBLIC
WORKS TO PRIORITIZE, FUND, AND COMPLETE CRITICAL ROAD
IMPROVEMENTS IN PUNA
Requests collaborative prioritization to increase public safety, economic viability,
and access for emergency vehicles through infrastructure improvements including
the widening of Highway 130, extension of Railroad Avenue or Government Beach
Road into Hilo, and the development of Puna connectivity and emergency access
routes.
Reference: Comm. 1065
Intr. by: Ms. Kierkiewicz
Approve: GOREDC-29
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 593-22 and
Governmental Operations, Relations, and Economic
Development Committee Report No. 29. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I think we all know that transportation
infrastructure is really critical to social and economic well-being of our
communities. This is especially true for the Puna region, which is the fastest
growing region in the State. So,just appreciate everyone's continued support on
this measure, so that I have a tool to advocate within our County Administration
and to the State Legislature just a need for more road improvements and
connectivity throughout Puna. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Resolution 593-22,please say "aye."
Vote on Res. 593-22: The motion to adopt Res. 593-22 and Governmental
(Adopted) Operations, Relations, and Economic Development
Committee Report No. 29 was carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 20
Hawaii County Council-53 November 16,2022
Res. 594-22: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY PURSUANT TO
HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE
HAWAII COUNTY FIRE DEPARTMENT
Allows for the receipt of$494,900, which would be used towards the department's
purchase and installation of washer/extractor/dryers for personal protective
equipment, and for grant writer fees.
Reference: Comm. 1069
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-226
Vote on Res. 594-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 594-22 and
(Adopted) Finance Committee Report No. 226. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 595-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF
FINANCE
Authorizes the Mayor to enter into a five-year lease agreement with an option to
extend for two additional five-year terms, with New Kaiko`o Building, Inc., located
at 120 Pauahi Street, Hilo, for approximately 12,571 square feet of office space for
the Vehicle Registration and Licensing Division and other County departments.
Reference: Comm. 1073
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-227
and
Comm. 1073.1: From Finance Director Deanna Sako, dated November 2, 2022, transmitting lease
information for Res. 595-22, delineating an approximate monthly cost of$30,422
for the first year, with a 3 percent base increase each year thereafter, and an
approximate monthly cost of$30,851 for the second year.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 595-22 and
Finance Committee Report No. 227. Seconded by
Mr. Inaba.
Page 21
Hawaii County Council-53 November 16,2022
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Just appreciate the department following up
on our request for the fiscal obligation of the County for this lease. I want to say
mahalo to Deanna and Hamana Ventura for getting this information to us quickly.
Thank you.
CHR. DAVID: Thank you very much. Mr. Inaba, go ahead.
MR. INABA: Thank you. Just to make sure our resolution is airtight. In the first
"BE IT RESOLVED," it reads, ". . . enter into a five year lease agreement with
two options for extension . . ."—okay, I answered my own question. Good to go.
Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Resolution 595-22, please say "aye."
Vote on Res. 595-22: The motion to adopt Res. 595-22 and Finance Committee
(Adopted) Report No. 227 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David–6.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
Res. 598-22: URGES THE HAWAII STATE LEGISLATURE TO AMEND
SECTIONS 46-16.8 AND 243-6, HAWAII REVISED STATUTES, TO ALLOW
FOR A PERCENTAGE OF GENERAL EXCISE AND FUEL TAXES
GENERATED BY THE COUNTIES, PURSUANT TO THOSE STATUTES, TO
BE USED FOR MAINTENANCE OF PRIVATE ROADWAYS THAT ARE
OPEN TO THE PUBLIC
Reference: Comm. 1078
Intr. by: Mr. Chung
Approve: GOREDC-30
Motion to Approve: Mr. Chung moved to adopt Res. 598-22 and Governmental
Operations, Relations, and Economic Development
Committee Report No. 30. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Chung.
Page 22
Hawaii County Council-53 November 16,2022
MR. CHUNG: Very briefly. I just think that the incoming team on this Council
will be able to make inroads with the Legislature to advance the principles that are
set forth in this resolution. I'm confident of that. Hopefully, we can get
something done. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? In Hilo? Seeing none, all
those in favor of approving Resolution 598-22,please say "aye."
Vote on Res. 598-22: The motion to adopt Res. 598-22 and Governmental
(Adopted) Operations, Relations, and Economic Development
Committee Report No. 30 was carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 603-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR
ITS COMMUNITY-BASED REENTRY AND RECOVERY HOUSING
PROGRAM IN KONA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1090
Intr. by: Ms. Villegas
Motion to Approve: Mr. Inaba moved to adopt Res. 603-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: I ask for your support on behalf of Council Member Villegas.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 603-22, please say "aye."
Page 23
Hawaii County Council-53 November 16,2022
Vote on Res. 603-22: The motion to adopt Res. 603-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, and Chair David—5.
Noes: None.
Absent: Council Members Chung, Lee Loy,
and Villegas —3.
Excused: None.
Res. 604-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT
PROJECTS AT VARIOUS COUNTY PARKS AND RECREATIONAL
FACILITIES IN COUNCIL DISTRICT 6
Transfers $25,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 1093
Intr. by: Ms. David
Motion to Approve: Mr. Inaba moved to adopt Res. 604-22. Seconded by
Ms. Kimball.
CHR. DAVID: Thank you, Mr. Inaba. I'd really like to ask for my colleagues'
support on this one. The entire balance of my contingencies were submitted for
this project on our various parks in my district, namely the Yano Hall projects that
are in the works. Thank you, Parks and Rec. (Recreation), for taking a hold of
this much-needed repairs in Captain Cook at Yano Hall. I ask for my colleagues'
support. All those in favor of approving Resolution 604-22, please say "aye."
Vote on Res. 604-22: The motion to adopt Res. 604-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 24
Hawaii County Council-53 November 16,2022
Res. 606-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR
THREE MULTI-FUNCTION COPY MACHINES FOR THE DEPARTMENT OF
PUBLIC WORKS
Authorizes the Mayor to enter into five-year lease agreements with approximate
monthly costs ranging from $81 to $190 for each copier.
Reference: Comm. 1096
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 606-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Move to approve.
CHR. DAVID: We already did that, Mr. Kaneali`i-Kleinfelder. Discussion?
MR. KANEALI`I-KLEINFELDER: Okay. I look for everyone's support. Sorry.
CHR. DAVID: Thank you.
MR. KANEALI`I-KLEINFELDER: No discussion.
CHR. DAVID: All right. Anyone else? Seeing none, all those in favor of
approving Resolution 606-22, please say "aye."
Vote on Res. 606-22: The motion to adopt Res. 606-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 25
Hawaii County Council-53 November 16,2022
Res. 609-22: 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 HILO EDUCATION
ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT FOR ITS
THEATER PRODUCTIONS
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1084
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 609-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I just look for everyone's support on this.
This has been something other Council Members put funding towards as well. A
good program. Good kind of taking care of the community and kuleana that they
do. I look for everyone's support and appreciate the Department of Liquor for
helping us get this done and finished. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Resolution 609-22, please say "aye."
Vote on Res. 609-22: The motion to adopt Res. 609-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair David—5.
Noes: None.
Absent: Council Members Kimball, Lee Loy,
and Villegas —3.
Excused: None.
Page 26
Hawaii County Council-53 November 16,2022
Res. 610-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO SELF DISCOVERY
THROUGH ART FOR ITS "RECOVERY, RESILIENCE, RECREATION
ONLINE FACILITATOR TRAINING PROGRAM"
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1099
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 610-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Again, look for everyone's support on this.
Mahalo.
CHR. DAVID: Thank you. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just wanted to thank Council Member
Kaneali`i-Kleinfelder for matching me on this one. This is a project that grew
organically out of Puna following the eruption. There was a lot of trauma that
folks were just trying to process. So, through these artistic experiences, people
have been able to heal. It's just been so great to watch them over the years kind
of build capacity of this program where now they're in a position to take this
particular program and train more folks, not just on the island but around the
world. So,just really glad that we're both able to support this great program.
Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Resolution 610-22,please say "aye."
Page 27
Hawaii County Council-53 November 16,2022
Vote on Res. 610-22: The motion to adopt Res. 610-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair David—5.
Noes: None.
Absent: Council Members Kimball, Lee Loy,
and Villegas —3.
Excused: None.
Res. 611-22: APPROVES THE LEGISLATIVE PROPOSALS AND PRIORITIES FOR
INCLUSION IN THE 2023 HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
Includes a total of five proposals, two submitted by the County of Maui and three
by the County of Hawaii, and four priorities submitted by the Hawaii State
Association of Counties Executive Committee.
Reference: Comm. 1100
Intr. by: Ms. Kimball
Waived: GOREDC
Motion to Approve: Mr. Inaba moved to adopt Res. 611-22. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. We did have this package with a few bills coming out
of Maui County and a couple coming out of here to be voted on by this Council.
Ms. Kimball stepped out for the moment.
CHR. DAVID: Oh, that's right. I'm sorry. Can we take a two-minute recess?
Five minutes? Can we table this then?
MR. INABA: Here she is.
CHR. DAVID: Oh, no, here she is. Don't rush. We're on your—Ms. Kimball is
approaching. Ms. Kimball, we read in Resolution 611-22. Mr. Inaba made the
motion for you and he gave us a brief description on the package, and we were
waiting to see if you had anything else to add.
MR. INABA: And I do have one question after you get your spiel in. Sorry. Go
ahead.
MS. KIMBALL: Thank you.
Page 28
Hawaii County Council-53 November 16,2022
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Apologies. You caught me off guard. This is the package that
came from the Executive Committee. You'll recognize some of the things in
there as having being introduced by our County. We've taken on some additional
things introduced by the other counties, but happy to answer any questions on the
package.
CHR. DAVID: Mr. Inaba has a question.
MR. INABA: Thank you. On the second bill in the package, Ms. Kimball, there
was some testimony received yesterday regarding family residences reducing the
square footage from 7,500 to 5,000 square feet of floor area for what is considered
development. Do you have any background on the rationale out of Maui County
for this?
MS. KIMBALL: Yeah. So, this actually came out of Maui County. This is
something that they've actually proposed. Gosh, I think this is going to be the
third or fourth year running. The change here is just reducing that square footage
so that these would be—it has to do with having a little bit more control over the
development that's happening in the shoreline area. So, it should be read as the
smaller—we're reducing the size at which they're going to require the SMA
(Special Management Area), if that makes sense.
MR. INABA: Got it. Thank you.
MS. KIMBALL: And then the other things that are listed will be excluded. So,
some of that work that we actually often do as the County in the SMA can be
excluded from that.
MR. INABA: Okay, thank you.
CHR. DAVID: Thank you, Mr. Inaba, and thank you, Ms. Kimball, for that
explanation. Anyone else? Seeing none, all those in favor of approving
Resolution 611-22, please say "aye."
Vote on Res. 611-22: The motion to adopt Res. 611-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David–6.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
Page 29
Hawaii County Council-53 November 16,2022
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Chair, if we could take a brief recess?
CHR. DAVID: I'm sorry?
MR. KANEALII-KLEINFELDER: Could we take a brief recess, please?
CHR. DAVID: All right, we'll take a five-minute recess.
MR. KANEALII-KLEINFELDER: Thank you.
CHR. DAVID: Thank you. We're in recess.
Recess: At 10:26 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:35 a.m.
Res. 612-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII
YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1101
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 612-22. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: Usually, I don't say much for these CRF (Contingency Relief
Fund) things, but let me just say some brief words about this. I'm a member of
the YMCA. I go to the gym, as does Ms. Kierkiewicz and Ms. Lee Loy. We
always have to pass this area by the entrance, and that's where these visitations
are held. It's kind of sad in a way, but yet very heartwarming at the same time
when we see the smiles of the kids with their one parent, right. So, as I said, it's a
pretty sad situation as to why they have to be there, but at the same time, it's quite
uplifting to seethe enjoyment of these families. So, I just wanted to say that it's a
very good program they have there at the YMCA.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in
favor of approving Resolution 612-22, please say "aye."
Page 30
Hawaii County Council-53 November 16,2022
Vote on Res. 612-22: The motion to adopt Res. 612-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 613-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR
ITS COMMUNITY-BASED REENTRY AND RECOVERY HOUSING
PROGRAM IN EAST HAWAII
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1102
Intr. by: Ms. Lee Loy
Motion to Approve: Mr. Inaba moved to adopt Res. 613-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: I ask for your support on behalf of Council Member Lee Loy.
Mahalo.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 613-22, please say "aye."
Vote on Res. 613-22: The motion to adopt Res. 613-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 31
Hawaii County Council-53 November 16,2022
Res. 614-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HUI HO`OLEIMALUO TO
ASSIST WITH EXPENSES ASSOCIATED WITH ITS 12TH ANNUAL WAIULI
OCEAN FESTIVAL
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1105
Intr. by: Ms. Lee Loy
Motion to Approve: Mr. Inaba moved to adopt Res. 614-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: I ask for your support. Mahalo.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 614-22, please say "aye."
Vote on Res. 614-22: The motion to adopt Res. 614-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 32
Hawaii County Council-53 November 16,2022
Res. 618-22: APPROVES THE ISSUANCE OF UP TO $14,425,000 AGGREGATE
PRINCIPAL AMOUNT OF SPECIAL TAX REVENUE BONDS OF THE
COUNTY OF HAWAII FOR THE COUNTY'S COMMUNITY FACILITIES
DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT); AUTHORIZES THE
APPLICATION OF THE PROCEEDS OF THE BONDS, TOGETHER WITH
CERTAIN OTHER AVAILABLE FUNDS, TO FUND THE COSTS OF
CERTAIN FACILITIES RELATING TO SUCH DISTRICT; APPROVES THE
FORMS OF THE INDENTURE, PRELIMINARY OFFICIAL STATEMENT,
BOND PURCHASE AGREEMENT, AND CONTINUING DISCLOSURE
AGREEMENTS RELATING TO THE BONDS; AND AUTHORIZES THE
TAKING OF FURTHER ACTIONS RELATING TO THE BONDS AND THE
DISTRICT
Reference: Comm. 1109
Intr. by: Mr. Inaba(B/R)
Waived: FC
Motion to Approve: Mr. Inaba moved to adopt Res. 618-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. We have Director Sako in Hilo chambers, and I want
to mahalo her for allowing me to introduce this by request of the department. I'll
allow her to kindly give us a little bit of background here, and this was waived
straight to Council so that we can expedite this process. Good morning,
Director Sako.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Hi. Good morning. This is, I don't know, the third or fourth step
now in this community facilities district. We have the Ordinance of Formation.
We did the bond ordinance. But as part of the bond ordinance, it did call for a
resolution when we were finally ready to sell the bonds so that the Council could
see all the documents that are going with it. It's actually the first CFD
(community facilities district) for our County, and it's only the second in the State
of Hawaii. So, all the bond documents were presented with the resolution. The
bond indenture agreement, the limited offering memorandum, the disclosure
agreements, the bond purchase agreement.
So, one of the projects that is dependent on the sewer pipe going in is actually the
affordable housing project there in the Kaloko Heights area. Their funding is
actually dependent on the sale of these bonds. So,we do want to get this project
Page 33
Hawaii County Council-53 November 16,2022
moving. We actually hope to post the limited offering memorandum next week.
So, we're finally ready to get moving, get the pipe in, and get the housing built.
I'm happy to answer any questions.
MR. INABA: Thank you, Director Sako. I don't have any further questions, but
I want to thank you folks and the entire department for shepherding this project
along. I look forward to some of your units being built there on Hina Lani.
Mahalo.
CHR. DAVID: Mahalo, Mr. Inaba. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I just wanted to mention we had a project
come in front of us a couple months ago, and there was a lot of discussion about
an improvement district for a sewer. I think this is the right way to do it. I just
think, for everyone's information, this is how that should have been done and
handled, versus what was trying to be done on that other project. I guess I'm just
making a point. There's good ways to do things, and there's bad ways to do
things. This is, to me, a well-done measure on behalf of the County and the
private sector. So, thank you, Ms. Sako. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung, go ahead.
MR. CHUNG: Congratulations to you, Mr. Inaba, as well as the Finance
Department in seeing this through. As Ms. Sako stated, this is the first of its kind
on this island, even if the enabling legislation has been on the books for decades I
think. So, congratulations to all.
But in reference to Mr. Kaneali`i-KI einfelder's comment on this, one of the only
ways that a community facilities district can work is when you don't have too
many properties, yeah, because there are notice provisions, and it's a very
involved process, the CFD. I'm very familiar with it. It involves just a great
number of specialty individuals. So,just to get this off the ground and it being the
first of its kind here,just, really, I wanted to extend a congratulations to all of
those who were involved in this.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo? Mr. Inaba and
Deanna Sako, Director Sako, I recall this. Mr. Chung is absolutely correct. And I
believe that there was a situation in this case that we did not have the normal
multiple lots to deal with because it was just one parcel. That allowed it to move
forward as quickly. And I really appreciate your department's efforts in getting
this done so quickly. So, thank you, Deanna, for all that you do.
Page 34
Hawaii County Council-53 November 16,2022
MS. SAKO: No, we appreciate it. Yeah, we're happy to get this one out the
door, basically. It'll be with us for the next 30 years, but getting the bonds sold
will be very exciting.
CHR. DAVID: Yes. Awesome. Thank you so much again. All right, all those in
favor of approving Resolution 618-22, please say "aye."
Vote on Res. 618-22: The motion to adopt Res. 618-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
MS. SAKO: Madam Chair, if we could request the waiver of the five-day hold so
that we can get the project moving, we would really appreciate it.
CHR. DAVID: Sure.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration. Seconded by Ms. Kimball
Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Thank you, Ms. Sako, for that.
MS. SAKO: Thank you.
Page 35
Hawaii County Council-53 November 16,2022
Res. 619-22: 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 RELATING TO THE 27TH ANNUAL KWXX
HO`OLAULE`A
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1110
Intr. by: Ms. Lee Loy
Motion to Approve: Mr. Inaba moved to adopt Res. 619-22. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: I ask for your support on behalf of Ms. Lee Loy, and I think
Ms. Kierkiewicz might have something to add here.
CHR. DAVID: Thank you. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I'll be recusing myself from this vote.
I'm a volunteer board member for Vibrant Hawaii. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz, for that. Anyone else? Seeing
none, all those in favor of approving Resolution 619-22, please say "aye."
Vote on Res. 619-22: The motion to adopt Res. 619-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball,
and Chair David—5.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: Council Member Kierkiewicz— 1.
Page 36
Hawaii County Council-53 November 16,2022
Res. 620-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HUI HO`OLEIMALUO FOR
EXPENSES RELATED TO THE 12TH ANNUAL WAIULI OCEAN FESTIVAL
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1111
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 620-22. Seconded
by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Just happy to support this event. Looking for
everyone's support on this measure. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 620-22, please say "aye."
Vote on Res. 620-22: The motion to adopt Res. 620-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
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):
(Note: Items in this category were taken up previously, out of order.)
Page 37
Hawaii County Council-53 November 16,2022
Bill 231: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
(Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Transfer from General Fund account($3,000); and
appropriates the same to The Food Basket, Inc. account. Funds would be used to
provide a grant to the Hawaii Island Food Basket to purchase food for its Kona
warehouse.
Reference: Comm. 1066.2
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-229
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 231, Draft 2,
on first reading and adopt Finance Committee Report
No. 229. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I look for everyone's support. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 231 at first reading, please say "aye."
Vote on Bill 231: The motion to pass Bill 231, Draft 2, on first reading and
Draft 2 adopt Finance Committee Report No. 229 was carried by
(Approved) the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, and Chair David—5.
Noes: None.
Absent: Council Members Chung, Lee Loy,
and Villegas —3.
Excused: None.
Bill 232: 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 Block Grant Program Income account($250,000); and
appropriates the same to the West Hawaii Emergency Shelter and Facility Energy
Efficiency Improvements account, bringing the total appropriation to $400,000.
These additional funds will be used to renovate the facility in accordance with the
Fiscal Year 2021 Community Development Block Grant Annual Action Plan.
Reference: Comm. 1067
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-230
Page 38
Hawaii County Council-53 November 16,2022
Vote on Bill 232: Mr. Kaneali`i-Kleinfelder moved to pass Bill 232 on first
(Approved) reading and adopt Finance Committee Report No. 230.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Bill 233: 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 Home Program —Tenant Based Rental Assistance
Fraud Recovery Income account($5,000); and appropriates the same to the Tenant
Based Rental Assistance (TBRA) Fraud Recovery Income account. Allows for the
receipt of funds recovered from tenants who have committed fraud.
Reference: Comm. 1068
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-231
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 233 on first
reading and adopt Finance Committee Report No. 231.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I look for everyone's support.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 233 at first reading, please say "aye."
Vote on Bill 233: The motion to pass Bill 233 on first reading and adopt
(Approved) Finance Committee Report No. 231 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 39
Hawaii County Council-53 November 16,2022
Bill 234: 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 Federal Grants —Fiscal Year 2021 Assistance to
Firefighters Grant account($494,900); and appropriates the same to the Fiscal
Year 2021 Assistance to Firefighters Grant account. Funds would be used towards
the department's purchase and installation of washer/extractor/dryers for personal
protective equipment, and for grant writer fees.
Reference: Comm. 1069
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-232
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 234 on first
reading and adopt Finance Committee Report No. 232.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I look for everyone's support. Thank you,
Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 234 at first reading, please say "aye."
Vote on Bill 234: The motion to pass Bill 234 on first reading and adopt
(Approved) Finance Committee Report No. 232 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 40
Hawaii County Council-53 November 16,2022
Bill 237: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Decreases revenues in the Federal Transit Administration Fiscal Year 2021-2022
(-$2,422,928) and the Section 5339 Capital Grant Fiscal Year 2021-2022
(-$1,861,345) accounts; and appropriates the same to the Federal Transit
Administration Fiscal Year 2022-2023 ($2,422,928) and the Section 5339 Capital
Grant Fiscal Year 2022-2023 account($1,861,345).
Reference: Comm. 1072
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-233
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 237 on first
reading and adopt Finance Committee Report No. 233.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I look for everyone's support. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 237 at first reading, please say "aye."
Vote on Bill 237: The motion to pass Bill 237 on first reading and adopt
(Approved) Finance Committee Report No. 233 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 41
Hawaii County Council-53 November 16,2022
Bill 243: 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 Fund Balance from Previous Year account($7,000,000);
and appropriates the same to the Roadside Maintenance Service account
($3,000,000) and Transfer to Capital Projects Fund-Highway account
($4,000,000). The additional funds would be used to purchase asphalt concrete
pavement materials and for the Pauahi Street Bridge Rehabilitation project.
Reference: Comm. 1095
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 243 on first
reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I had some questions about this, mainly
revolving around the decision that was made earlier this year to not decrease fuel
taxes, with the understanding that we would be applying fund balance from the
Highway Fund specifically, which is fuel-tax related, because we had a lot of
work to do and we needed to do it, and we needed the funding. But I'm looking
at this and seeing a fund balance from the previous year of$7 million. I'd like to
hear from the department.
CHR. DAVID: Director Pause is here in the Kona chambers. Welcome,
Mr. Pause.
MR. KANEALII-KLEINFELDER: Perfect.
(Note: At this time, Public Works Director Stephen Pause came forward
to address the members of the Council.)
MR. PAUSE: Thank you. Steve Pause, Director of Public Works. So, the
transfer requested, there's two tranches of money here. The first is for the repair
or reconstruction of the bridge, Pauahi Bridge. The second is additional cost for
materials to support our highways paving program. I can provide a little bit more
detail, but I'm not quite sure, Councilman, that I answered your question. So,
maybe you can restate your question so that I can answer that before I talk a little
bit more about our program.
MR. KANEALII-KLEINFELDER: That would be good and I appreciate that.
We had a good discussion, I think before you became our Director, about
decreasing the fuel tax due to the cost of inflation and the cost of living here in
Hawaii, and just trying to make a small dent in people's expenses at the pump.
Page 42
Hawaii County Council-53 November 16,2022
And the department came back and said, "No, we can't do that at this time. We
need the funding." But when I see a fund balance from the previous year of
$7 million from our Highway Fund, it just raises my concern that we're unable to
spend what we're taking in, especially given the amount of taxes coming in from
fuel right now. So, my question for you is, I mean, is this going to continue to be
something that we see, a very impressive amount of fund balance from the
Highway Fund? Are we going to get in front of how much taxes we're taking in
and spend it appropriately? Is this something that we should be looking at as a
legislative body?
MR. PAUSE: Unfortunately, I can't comment on the history of how the fund
balance got to where it is. I can tell you that there's a lot of needs for
infrastructure on the island. I think you're aware of that. This first$7 million that
we're requesting today is going to be part of, I would say, a bit more of an
aggressive outlook towards not just spending the money, but making a real
difference on infrastructure.
Let me speak a little bit. The $3 million for the paving materials, we historically
have struggled completing paving in the last few years. There's reasons for that
with shortages for materials and COVID (coronavirus disease), etc. But our
Highways group paved a little over 16 miles last year. This year, I sat them down
early and challenged Mr. Azevedo and his team to pave more. He said, "We have
enough money to pave 18 miles in our current budget," and I said, well, I
challenged him to pave 36 miles. He has accepted that challenge, and this
$3 million will supplement that additional to allow him to get there. That is our
plan. That's the basis for the request on the paving.
Also, I've shared it with a few Council Members and it's quite easy. If you can
go to our website and click on the button that says, "Click here to see the highway
paving progress,"we've mapped out the roads. And there's also a delineation of
which roads, as well as the GIS (Geographic Information System) map. I actually
had our person put in the districts as well. So, you can go directly to the DPW
website and look at the progress of what we've paved so far and what we're
planning to pave. It's just another way of providing that communication to the
public. We have to get real about spending the money on our infrastructure, and
obviously roads is one of the most visible areas to spend money. That website
also breaks down by district. So, you'll be able to click on buttons and see where
that money is being spent by highway district.
And then the other request here is for the bridge. This is a project that's been on
the books and we're funding it. It's about an 18-month construction project. It's
right downtown. The bridge was last reconstructed in 1963. I think everyone
knows the story of bridges on the island here, especially Councilwoman from
Hamakua maybe more than others. But again, the message here is infrastructure,
and we do have to wisely expend the funds to make the repairs and to pay even to
do the things that we need to do to take care of our infrastructure.
Page 43
Hawaii County Council-53 November 16,2022
MR. KANEALI`I-KLEINFELDER: For the roadside maintenance, is that
islandwide? Is that being split evenly amongst the districts? How is that being
broken down?
MR. PAUSE: It's being distributed per the previous formulas. And again, the
best thing I could ask, I could have brought in a long list of roads, but if you go to
the website, you'll see what is in the schedule for, first of all, what roads have
been done to date. A little over seven miles, fiscal year to date, with the goal of
36 miles. And you'll see the breakdown by district. It's going to continue to be
our longest-staying formula that the past distribution of road paving funds have
been.
MR. KANEALI`I-KLEINFELDER: Okay. Which is broken down per, not
Council district, but per district of our island. Correct?
MR. PAUSE: Correct.
MR. KANEALI`I-KLEINFELDER: And then an apportionment I mean, it's
not quite even amongst all the districts either because some are bigger and some
are smaller.
MR. PAUSE: Yeah. I believe there's a formula with fuel tax that distinguishes
where the monies get spent. Correct.
MR. KANEALI`I-KLEINFELDER: Okay. And then regarding the
Pauahi Bridge, this is the one right below the County Building. Correct?
MR. PAUSE: That's correct.
MR. KANEALI`I-KLEINFELDER: And what is wrong with that bridge?
MR. PAUSE: Like the current DPW Director, it's old. I have pictures. There's
significant corrosion in the steel members, and it's just time to have it rehabbed
and reconstructed to current standards. It has a poor rating. It was last inspected
in 2020, and it received a poor rating. Our engineering folks began the process of
doing their design work and preparing a bid package, and, to and behold, it was
reinspected in 2022 and it didn't get better. So, this is a real good opportunity to
move forward on this one. It sees a lot of traffic. It's right downtown. And then
during the course of construction, again I believe it's about 18 months, it's wide
enough where we'll be able to close half and still have two-lane traffic coming
and going. It's four lanes wide, so we can close two lanes at a time to maintain
traffic flow.
MR. KANEALI`I-KLEINFELDER: Okay, I wanted to circle back to something
you said in the beginning. You said they did 17 miles this year. Is that to-date
fiscal year 22-23?
Page 44
Hawaii County Council-53 November 16,2022
MR. PAUSE: No, I probably misstated it. Last fiscal year, the one that ended in
June of 2022, they completed almost 17 miles of repaving projects. This is our
Highways group. For fiscal year that began July I"until June 30'h of'23, our
goal and our challenge is to complete 36 miles of paving. That's just the
Highways paving folks.
Now, there are other paving projects on-island. In Councilman Inaba's district,
Hina Lani, we're going to be paving with a contractor almost two miles of that
road. We are in the process of bidding out, with STIP (Statewide Transportation
Improvement Program) funding, the Waikoloa Road repaving, and that's going to
be, I think, almost 12 miles. And then obviously we're finishing up
Kalaniana`ole. That's about a mile. But then the road next to it, that's currently
the bypass road, Silva and Kamehameha. We're working with our friends at the
State before they hand it over to us to get that road repaved. We're doing work
also with the State on Steinback. That's almost six miles of road that once the
County has completed, pothole work along with some shoulder work, the State is
going to come in and pave that; almost six miles.
So, there are other paving projects going on. But when I speak to these funds
specifically, revolves around the 36 miles of paving that our Highways Division
will be doing.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you for that breakdown. My
concerns still stand in that I have seen continuous fund balance in this specific
account. And the Capital Projects Fund is a separate account from our Roadside
Maintenance. If I continue to see continuous fund balance holdovers and we're
not spending down the funding, with all due respect to your department, when we
take taxes in from the public, we need to ensure we're spending that tax money
wisely. And if we're not spending it and we know we have a huge amount of
projects to do, then something's not working. And I will be revisiting that fuel
tax amendment if I continue to see fund balance.
MR. PAUSE: Councilman, I completely agree with you. We have to be faithful
stewards of the money that we take in for taxes. And I agree with you. The
infrastructure needs are great, and we need to get better at spending the money
and spending it efficiently and wisely and doing the right projects. And I think
we're often running on that. I almost felt like you were challenging me to spend
more money. I can do that but it has to be done efficiently, wisely. And as we
acquire more resources to help us do that, I think you'll see us moving forward.
But I do appreciate your support. Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Director. And then,
just as a side note, when we had our restaurant, Liko Lehua, above the
Pauahi Bridge area, I saw that bridge handle some pretty impressive amounts of
water. And then on some of my more challenging days here at the Council or in
the restaurant, I'd go down there and stand. It's a really nice place to stand. I
Page 45
Hawaii County Council-53 November 16,2022
have some nice pictures on my phone of that specific area looking towards Hilo
from that bridge. It did well during our storms, and it always seems like it's been
a very solid bridge. So, it was built pretty well. Is there no other projects in our
Capital Projects Fund that needed funding more so than that bridge?
MR. PAUSE: Working with our Engineering Division, I challenged them early
on to risk-rank projects. When I say "risk-rank," obviously a bridge that's in poor
condition is going to get a mark that would suggest that it needs more attention
than others. So, on a long list of projects, and I think there's probably somewhere
about five or six pages of a spreadsheet, our engineering folks are ranking them
based on priority. And I believe this one comes up pretty high every single time.
Are there other projects that would equally come up as high? I'm not sure about
that, but I do want to assure you that, again, this fits into the whole discussion of
spending money wisely, that we need to be able to rationalize and justify the
projects that we're doing based on risk. And when I say "risk," I mean the age of
the bridge, the condition, things like that, how much traffic goes over these
bridges. I feel comfortable that this one kind of rises to the top and it's a wise use
of spending money.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Director. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder and Director Pause.
Anyone else? Seeing none, all those in favor of approving Bill 243 at first
reading, please say "aye."
Vote on Bill 243: The motion to pass Bill 243 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
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 46
Hawaii County Council-53 November 16,2022
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 220 The following individuals registered to speak and came forward when called by
(DRAFT 3) the Chair:
(COMM. 1022.103):
Daniel Peddie: In opposition.
Brian Ley: In opposition.
Bill 220: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(Draft 3) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO LICENSES TO CARRY CONCEALED AND UNCONCEALED FIREARMS
WITHIN THE COUNTY
Establishes a new article that includes certain Sensitive Places where the licensed
carrying of a firearm would not be allowed, certain other Sensitive Places where
the licensed carrying of a firearm is only allowed if authorized by the operator of
the facility, that the licensed carry of a firearm while intoxicated is prohibited, that
upon contact with law enforcement the licensee must notify the enforcement
officer of the possession of a licensed firearm and present the license for
inspection, and that a license may be revoked by the Chief of Police for one year
for any violation of the terms of this new article.
Reference: Comm. 1022.103
Intr. by: Mr. Chung
First Reading: November 2, 2022
(Note: Comms. 1022.130, 1022.131, and 1022.132, from Council Member
Heather L. Kimball dated November 15, 2022, transmitting proposed amendments
to Bill 220, Draft 3, were circulated.)
Motion to Approve: Mr. Chung moved to pass Bill 220, Draft 3, on second and
final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: I see some amendments, so why don't we just address those.
CHR. DAVID: Thank you. Ms. Kimball.
MS. KIMBALL: Thank you, Chair. And let me just say, once again, thank you,
Mr. Chung, for introducing this really important bill. We've had lengthy
discussions around it to date. I did have a couple additional amendments, things
that were still kind of unclear in my mind, warranting additional consideration.
I'd like to start, if I may, with Communication 1022.131.
Page 47
Hawaii County Council-53 November 16,2022
Motion to Amend: Ms. Kimball moved to amend Bill 220, Draft 3, with the
contents of Comm. 1022.131. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. I think this is an example of where simplicity
actually is the solution. I went through a couple of different drafts here with
Corporation Counsel, and I believe Deputy Wan is present in the Hilo chambers if
you have questions for her. But there was a lack of clarity around this permission
granting. And as I was trying to work around some mechanism to notify public
about this, Deputy Wan clarified for me that this language, that the exemption
where the permission is granted is granted to an individual, not to the general
public. And so, that's a very simple addition for clarity of language that these
administrators of these institutions will give an individual permission and not just
a blanket permission. I think that was also your intention when you added the
exemption, Council Member Chung, but I just feel like, for the public's
understanding and transparency, that that wording should be added to the bill.
Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Mr. Inaba.
MR. INABA: Deputy Wan,just language-wise, when we're adding the term "to
such person,"because there's not a referenced person prior to this language, we're
indicating that the administrator could grant permission to any one person or
whomever they grant permission to? I'm reading it, I think, a little strange in my
head.
MS. KIMBALL: Chair, may I respond?
CHR. DAVID: Thank you. Ms. Kimball, go ahead.
MS. KIMBALL: It's meant to be read in context with Line A. So, "Any person
granted a license to carry,"blah, blah, blah, "except where permission is granted
to such person." So, that is the person that is being referenced in Items (a)(1) and
(a)(2) and (a)(3).
MR. INABA: Got it. I understand. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of amending Bill 220, Draft 3, with the contents of
Communication 1022.131,please say "aye."
Page 48
Hawaii County Council-53 November 16,2022
Vote on Motion to The motion to amend Bill 220, Draft 3, with the contents of
Amend: Comm. 1022.131 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David–6.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
CHR. DAVID: Ms. Kimball.
MS. KIMBALL: Yes, Chair, thank you.
MR. HENRICKS: Before you proceed,just procedurally, normally the Council
would make a motion to suspend its Rules, as this is up for second and final
reading.
CHR. DAVID: Thank you.
MR. HENRICKS: But I will note that the Rules specifically state that if a bill up
for final reading, paraphrasing, shall not be acted upon at the time of the floor
amendment. Final action shall not be taken until the next regular meeting. So, if
there are additional amendments, that could be interpreted to mean that as long as
the Council doesn't vote on this today without suspending its Rule, then further
amendments could be considered
CHR. DAVID: Can be made. Okay.
MR. HENRICKS: So, if that's more efficient—
CHR.
fficientCHR. DAVID: I think so.
MR. HENRICKS: And the Council could use that in alignment with the Rules,
you may proceed.
CHR. DAVID: Thank you. We'll take care of all the amendments first, and then
we can suspend it when we're at the final. Thank you. Go ahead, Ms. Kimball.
Motion to Amend: Ms. Kimball moved to amend Bill 220, Draft 3, with the
contents of Comm. 1022.130. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead.
MS. KIMBALL: Thank you, Chair. This is another attempt to find some
language that could provide a compromised solution from a position that I was
Page 49
Hawaii County Council-53 November 16,2022
holding with the rest of the body's position. A lot of the conversation we've had
has been about individual liberties and preferences. We allow for people to say
an event is drug- and alcohol-free, as an example, or a smoke-free event. So,
what I wanted to just make sure we codified in here was some language that
allowed the organizers of an event to indicate that their event was a concealed
carry-prohibited event or something of that nature.
Again, with the conversation that happened from some of the testifiers today, this
isn't about one civil liberty that's guaranteed by the Constitution overriding other
civil liberties that are guaranteed by the Constitution. It's finding that balance.
So, I'm hoping that my colleagues can agree that this amendment provides that
balance. It is not a broad prohibition, but it does give the organizers of the events
the right to say the condition that they want their event to have. Again, something
very similar to saying drug- and alcohol-free event. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those in
favor of approving the amendment to Bill 220, Draft 3, with the contents of
Communication 1022.130,please say "aye."
Vote on Motion to The motion to amend Bill 220, Draft 3, with the contents of
Amend: Comm. 1022.130 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Thank you, Ms. Kimball.
MS. KIMBALL: Thank you, Chair.
Motion to Amend: Ms. Kimball moved to amend Bill 220, Draft 3, with the
contents of Comm. 1022.132. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. This, again, is in response to some of the
concerns of my colleagues, as well as help providing some clarity about what we
mean when we talk about property that's open to the public. I mentioned in our
previous discussions that we now have defined in the Zoning Code what is
considered places of public accommodation. So, I've added that reference in
there.
Page 50
Hawaii County Council-53 November 16,2022
Some of the locations that are listed in previous components of the bill, like the
hospitals and the schools and things like that, are already dealt with. So, this is
other places of accommodation. So, these are businesses, hotels, things like that.
Please refer to that section of the Code for the descriptions of that. There was the
concern from Council Member, former Council Member now, Richards about
how it would apply to agricultural properties. I didn't have any concerns
particularly about that, so I made an exemption for that here.
The main thing in addition to those two items, which I think are there to provide
clarity, is I just want to go back to this idea, and former Senator Ruderman kind of
touched upon this, is that we have historically not been a state where concealed
carry is allowed. A lot of business owners still don't know that we're even
discussing this right now. And what I'm concerned about is that we have kind of
an established understanding already out in the general public and on private
property that they're not permitted.
We're going to go ahead and allow for individual private property owners and
places of public accommodation to permit them. And until such time as this is
kind of widely known, I think it's important to have a proactive alert to the public
rather than the contrary one,just because of the inherent assumptions that I think
are going to be made by the public. And so again,this is shifting the notice from
rather than signage not permitted, to having signage that it is permitted on those
places of public accommodation. Again, I think it's just we're in this transitional
period; the understanding has always been "not permitted." I think if we do a 180
so quickly, it's going to cause a lot of confusion and disruption. So, my
preference again is to have the alert be when it is permitted on these private places
of public accommodation. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Chung.
MR. CHUNG: Thank you. First of all, I wanted to really credit Council
Member Kimball for her persistence, even tenacity, on trying to get a better bill
together. This is kind of clever, how she's bringing this in because this is
actually—one component of it was actually what she had made a motion on the
last time, but she also added a new clause relating to that concern that former
Council Member Tim Richards had brought up. And this is something that I've
been going back and forth on, even while I'm at home,just thinking where should
the burden lie. And I'll say right now, though, I am of the belief that this is a
probably more sensible way of going, given how our community sensibilities
have been over these many years. So, I'll be supporting this.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo? Any comments?
MR. KANEALI`I-KLEINFELDER: Chair.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
Page 51
Hawaii County Council-53 November 16,2022
MR. KANEALI`I-KLEINFELDER: We're on 1022.132, correct?
CHR. DAVID: Yes.
MR. KANEALI`I-KLEINFELDER: I really do feel we've had a lot of discussion
about this bill, and I'm not a huge proponent of guns, okay. I have a gun but I
don't want everybody running around with guns in their back pockets. But we're
discussing a Supreme Court ruling and the allowances of that ruling. And the
farther we've gotten into this bill, the more we have just started to—almost like
you give an inch, you take a mile.
I'm looking at Section 25-1-5 of our Hawaii Couty Code, at the places of public
accommodation, and it's starting to get absolutely redundant. (Section) 25-1-5-6
has motion picture theaters, auditoriums, convention centers, lecture halls, concert
halls, sports arenas, stadiums, other places of exhibition or entertainment. And
we are being asked in a previous amendment today, as adopted,
amendment 1022.130,places where people are assembled for an event, social
gathering, rally, demonstration, or public exhibition. To me, this amendment is
getting almost to the point of absurdity.
I understand the reasoning behind it, and I know the introducer is very adamant
about this but it's redundant. I would say you pick places of public
accommodation and then revisit these sections where you've already—like bars,
restaurants; that's under the same section. Places of exhibition; it's under the
same section. Restaurants, cafeterias; under the same section. It may be better to
go back and revisit this instead of just adding. I just think that it's getting a little
absurd at this point. That's my two cents.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MS. KIMBALL: Chair, if I may respond?
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. I wanted to just clarify a couple things. There's a
very important clause in this amendment. So, we have places of public
accommodations defined in the Code other than those listed in this section. I did
appreciate that some of the locations that are listed under places of public
accommodation in Chapter 25 have already been dealt with in other sections of
this particular bill. I did not want to introduce redundancy, and that's why those
are excluded.
The other thing I think is really important to know is that the previous language
was "private property open to the public." All of those things that are listed under
places of public accommodation are exactly that. The difference is that there's
clarity in Chapter 25 about what"open to the public" means. So again, this
Page 52
Hawaii County Council-53 November 16,2022
amendment is to provide clarity and transparency around the definition of what is
open to the public, what is a place of public accommodation. And that clause
about excluding those that are otherwise listed in this section is intended not to
create duplication. So, I appreciate the concerns but I think that, with careful
reading here, the intention is to just really make sure our language is concise in
referencing other relevant bits of the Code. Happy to answer any further
questions on the intent behind that wording change. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair, I think I still have the floor. Thank
you.
CHR. DAVID: Yes, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you. And then as far as switching the
wording from this is more of a question for Corporation Counsel at this point.
So, as I'm reading this new proposed language in No. 7 in the amendment on
(Comm.) 1022.132, we're moving towards what I see as the opposite of what the
Supreme Court ruling was, where unless it's posted that you're allowed to have,
you can't carry.
(Note: At this time, Deputy Corporation Counsel Sylvia Wan came
forward to address the members of the Council.)
MS. WAN: When it comes to private property, there is a fundamental right with
private property to decide whether or not firearms can be on the private property.
It is true that these are—what we're talking about here are private properties that
have opened their doors to the public. So, what you're looking at is a battle
between two different fundamental rights coming up against each other. And in
that particular instance, the one cannot subsume the other right. So, a person who
wants to have their firearm on public property is not going to be able toI'm
sorry, on private property, will not be able to do that if the private property owner
does not want to allow it.
So, this particular provision, whether it's posted, whether it's allowed or not
allowed, has been done in both different ways in the various states. So, this is
really just a matter for this body to determine which way do they want it to be
within our community.
MR. KANEALI`I-KLEINFELDER: I guess what I would rather see, this is to
both Corporation Counsel and the maker of these amendments, is, and this is
coming as a business owner, if you don't want them on your property, then you
put up a sign that says, "Prohibited." Otherwise, we're following the law and you
can carry, as it's been allowed in our State. By doing this, I, now, as a business
Page 53
Hawaii County Council-53 November 16,2022
owner, and any business owner in our County, is going to have to put up a sign
saying, "Not permitted." Sorry, I may be saying this wrong because a little bit
confusing, yeah. We're going to have to put up a sign saying the opposite.
So, you're putting the responsibility on the business owner, and I already have to
post a thousand signs: Department of Labor stuff and all these other different
signs, and this and that and this and that, okay. Now, I've got to go do one more
sign saying that I would, sorry, I'm going to get this right, I am allowing or I am
not allowing?
MS. WAN: Deputy Corporation Counsel Sylvia Wan. So, as far as the
amendment that's being proposed by Communication 1032 [sic], you would have
to post a sign saying that you are allowing the carrying of firearms within your
establishment. And according to the bill as is, that would be both concealed and
unconcealed permitted carry.
MR. KANEALI`I-KLEINFELDER: So, I, as the business owner, and any
business owner in our County, would have to post a sign saying, "I allow it."
MS. WAN: Yes.
MR. KANEALI`I-KLEINFELDER: And if someone comes in with a concealed
carry and they have a permit and they're licensed to carry, what am I supposed to
do because I didn't post a sign?
MS. WAN: If you didn't post a sign, then, according to this ordinance, it would
not be allowed, and it would be up to you to enforce that.
MR. KANEALI`I-KLEINFELDER: So, now, the business owner has to enforce
someone with a concealed or open carry in their place of business because they
didn't post a sign. It's confusing. I'm trying to walk through this in my head of
what I had to do when I was a business owner; someone enters my property to
order food and I didn't post a sign but I'm okay with it, but now it's up to me
MS. WAN: Yes. But if you didn't post a sign and you're okay with it, then you
should be posting a sign saying that you're okay with it.
MR. KANEALI`I-KLEINFELDER: That seems backwards. It doesn't seem like
we're in tune with what the Supreme Court ruling was, which is it's okay unless
states say otherwise, or unless the County says otherwise. In this case, we're
saying it's not okay unless I, the business owner, say otherwise.
MS. WAN: It is the fundamental right of the private property owner to make that
decision, yes.
Page 54
Hawaii County Council-53 November 16,2022
MR. KANEALI`I-KLEINFELDER: Okay. Thank you. I don't like it when it's
confusing. And then, to me, in this instance, on top of being, in my eyes,
redundant as far as what places of public accommodation as well as everything
else we've listed so far, and then to go and say that unless it is conspicuously
posted that they are allowed is backwards. I'm going to say this one more time.
So, you can carry a weapon, but you shall not carry a firearm in a place of public
accommodation unless it's posted that it is allowed. Correct? Yeah, that seems
backwards.
I like the language that we had originally. That was my intent. And we got there
after much deliberation, I would remind everybody. And now we are right back
to our first discussion at our first Committee hearing, and we've kind of circled
back to the same language that we had a disagreement on in the beginning. That's
where I stand. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Ms. Kimball, go ahead.
MS. KIERKIEWICZ: Chair? Sorry.
CHR. DAVID: Oh, wait; I'm going to go to Ms. Kierkiewicz first. Go ahead,
Ms. Kierkiewicz.
MS. KIERKIEWICZ: Mahalo nui, Chair. I'm going to concur with my colleague
Council Member Kaneali`i-Kleinfelder on this one. I'm not comfortable putting
the onus on business owners to post signs that say, "You're free to bring a gun
here." I think it gets businesses involved in the politics of this issue, and so I'm
much more comfortable with the language that's currently contained in this bill.
And so, I won't be supporting this amendment. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Kimball.
MS. KIMBALL: Thank you, Chair. First of all, I'm going to just respond with
respect to the Supreme Court case. The Supreme Court case does not address
specifically this notice on private property. What the Supreme Court addresses is
the unconstitutionality of our State's concealed carry permitting process, and the
fact that the process itself was not objective and required applicants to state the
purpose for needing a concealed carry permit for self-defense. That's what the
Supreme Court case threw out.
The Supreme Court, through a majority decision and concurring decisions, left it
up to the states and jurisdictions to identify what they wanted to call "Sensitive
Places." Schools, government buildings were clearly named. Other areas, they
left it up to there being some sort of historical preference. So,just some clarity
around what the Supreme Court did and did not determine with their ruling.
Page 55
Hawaii County Council-53 November 16,2022
I want to,just one more time, appeal to my colleagues over there in Hilo. I'm
sorry I can't look you in the eye on this. But one of the reasons why I think it's
imperative that we change the language to be a proactive "this is where it's
permitted" is because we have historically not permitted it. And we had that
conversation with one of our testifiers earlier today, that we have so many people
that own places of public accommodations that are not even aware that we're
having this conversation right now.
So, when you talk about the number of signs that need to be posted, the likelihood
is that most places, if we were to keep the original language, would be posting
language that says that it's not permitted. What I'm asking for is to consider that
because of the historical prohibition or reduction of permits, the fact that this has
not been widely permitted in Hawaii County all this time is that we need to
actually make it clear where it is permitted.
And just to clarify something that Deputy Wan said. I think maybe just spoke too
quickly there. It's not up to the business owners to enforce this. This is going to
be law. It's going to be in the Code. And it's going to be up to our police officers
to enforce this. It may be up to the business owner's person to report it, but we're
not expecting private property owners to go up and say, "Hey, you with the
handgun, get out of here!"
Again, I think that this may seem like we're hitting a somewhat irrelevant point.
But to me,just because we had historically not permitted concealed carry in
places of private business, I think, for the time being, it is more important to give
notice in the affirmative so that people are aware that this has happened. With
that, Chair, I'll yield but I hope that folks over in Hilo can consider this as an
important change. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Chung.
MR. CHUNG: Just very briefly. I wanted to say that Council Member Kimball's
description of that Bruen case is spot-on. It really didn't have anything to do with
rights to carry guns in different places. It merely related to the permitting process
that was implemented or being applied in New York. But because we're
anticipating the issuance of more concealed or carried guns, that's why we're kind
of pressed into action. I certainly respect the will of the majority in this case, but
I just think, having given it more consideration, I think what Ms. Kimball has
proposed right now is a little bit more positive way of doing it where firearms are
allowed, instead of having the establishment owner put up a sign saying, "Not
allowed." That becomes a little bit tougher, in my opinion. But really, it's the
same thing. I just think it's a bit more positive, what's being proposed right now.
CHR. DAVID: Thank you, Mr. Chung. Anyone else before we do a roll call on
this amendment? Mr. Clerk, roll call please.
Page 56
Hawaii County Council-53 November 16,2022
Vote on Motion to The motion to amend Bill 220, Draft 3, with the contents of
Amend: Comm. 1022.132 failed by the following roll call vote:
Failed
Ayes: Council Members Chung, Inaba, Kimball,
and Chair David–4.
Noes: Council Members Kaneali`i-Kleinfelder
and Kierkiewicz–2.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
MR. HENRICKS: The motion fails due to a lack of a majority vote.
CHR. DAVID: Thank you, Mr. Clerk.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 24 to waive the
Suspend Council holdover for the substantive amendment of Bill 220,
Rules: Draft 3. Seconded by Mr. Chung and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David–6.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
CHR. DAVID: Go ahead, Council Members, on the bill as amended. Go ahead,
Mr. Chung.
MR. CHUNG: Again, very briefly. Maybe I should give just my own thoughts
about the Supreme Court decision, okay. I think it was wrong, but we have to
deal with it. The reason why I think it was wrong and what's pretty scary about it
actually is that the court went through this very circuitous historical analysis in
coming to their decision. And I've always felt when you have to do something in
that kind of fashion, it makes me believe that they came up with the decision prior
to analyzing it. It's just my opinion.
I think what's scary about it—because this type of analysis can be used in other
types of cases. And when you deal with history—now, we're dealing with the
Constitution that was developed, I'm thinking, in 1790 or something, the Bill of
Rights, if I'm not mistaken. A lot of things have changed since that time. So, I
think what they should have done was go with a strict scrutiny analysis and
establish that there was a compelling state interest for them to rule in a certain
way because we have a different set of circumstances now with regard to guns
and gun violence.
Page 57
Hawaii County Council-53 November 16,2022
Ms. Kimball had brought it up earlier, and I agree with her 100 percent: You
cannot divorce the right to bear arms with the preceding sentence that deals with a
well-regulated militia. Now, everybody is talking about"militia,"but what I'm
focusing on is "regulated." You just cannot divorce those two things. So, it
shouldn't be an unfettered right to carry guns, but it's really gone the other way.
But that's just my opinion.
Anyway, getting off that subject, I don't know how the votes are going to come
down on this one, but I'm hoping that we pass something because I was
interviewed by one of the news people and this is what I told them: When it was
pointed out that our County is the only one that seems to be moving forward on
something like this, for better or for worse, I just said that in that regard I'm really
proud of our Council and my colleagues. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else before we do the roll call?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Wan, there is a case, the
Young case. I'm going to stay away from certain aspects of it. But the Young
case interests me because it has been a case where a long-term court battle
between an individual and the State over a concealed carry, like ten years, but
he's recently made progress in his case because of the Supreme Court ruling. So,
he's able, now, to go back his entire—stop me if I say anything that I'm not
supposed to say, okay but he's been able to go back for his entire court history
now and ask for reimbursement for those court fees.
MS. WAN: Deputy Corporation Counsel Sylvia Wan. As far as a request, it does
not necessarily mean that that's a ruling. A request like that can be made for any
litigation where it goes the opposite way. But at the same time, that is not—the
Young case is not dealing with any of the matters that are before this body right
now. It has to do, ultimately, with the 134-9 statute, as currently stated, and is
currently under review because of Bruen. It is separate and apart from the
"Sensitive Place"prohibitions that the Council is deciding right now. So, it is
not I mean, I understand how they might seem like they're related, but they're
actually not related.
MR. KANEALI`I-KLEINFELDER: Okay. It's the same thing that Corporation
Counsel Ms. Strance said.
MS. WAN: Yes.
MR. KANEALI`I-KLEINFELDER: But what concerns me is that he was in court
for a number of years, and then he was actually able to go back now and request
Page 58
Hawaii County Council-53 November 16,2022
compensation for his court fees over the last ten years, despite the ruling
happening in the last year. That concerns me when it comes to what we're doing.
And if anyone has a court case out there and they decide the Hawaii County's
law was unconstitutional, and they've had a 20-year court battle over something
similar, and all of a sudden we're in their crosshairs and we've got a deep pocket,
I am concerned about that. I just want to say that.
It was unexpected for me to see someone's ten-year litigation all of a sudden have
fruit because of the Supreme Court ruling. That, to me, was unexpected. And it's
concerning because as we pass laws, if someone's been in litigation for a number
of years, they could say, "Oh, well, now I have grounds."
MS. WAN: I understand where your concern is stemming from; however, that is
not quite how it works. The Young case is unique. As far as his request, I cannot
comment on the validity or strengths or weakness of that request. My
understanding is that still is pending and that has not been ruled on, whether that
request has been made or anything to that effect.
As far as being concerned about things like that, I think, in this particular
perspective, you cannot allow the idea or threat of potential litigation that could
happen over anything to really shadow or shade what is the current state of law
and what is currently allowed. Because, 134-9 was allowed when the Young case
started, and it is only today. And the only reason why he might even have any
potential anything is because he was still pending appeal. So, that is a very
unique circumstance that I do not think is the norm and should govern what this
body decides.
MR. KANEALI`I-KLEINFELDER: Okay. Is there any litigation or case law that
you're aware of that could put us into potential crosshairs for someone who has an
existing case who's going to say, "Oh, this applies and I have a window now"?
MS. WAN: Deputy Corporation Counsel Sylvia Wan. As far as this particular
bill and ordinance that is being contemplated by this body, I am not aware of
anything that covers this particular avenue.
MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. Well, we've had a
lot of discussion to date. I think ultimately I will be supporting this today. The
last amendment, I did not support and with good reason. But I've had a number
of people reach out to me. And Mr. Ruderman's testimony this morning was, I
think, covered by what we've done to date in this bill.
I really do go back and forth on this, and I do feel that we may open ourselves up
to some form of litigation in the future. But it seems like for the majority of the
public, although they are not here, I think this is a positive. So, I'll be supporting
today. Thank you.
Page 59
Hawaii County Council-53 November 16,2022
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. No one else before we
take the roll call?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Thank you, Ms. Kierkiewicz. Go ahead.
MS. KIERKIEWICZ: Thank you. I'm not going to be supporting Draft 3 today.
I had expressed concerns about the first draft being overly prescripted and not in
alignment with the Supreme Court's decision. And so, I know a lot of really great
work happened in Committee, which made it much more palatable to me. And
this is a hard decision for me to make because we're really trying to thread the
needle here to ensure that we're upholding citizen rights, but also making sure
that our communities are safe and our citizens are protected. So, I just can't
support this current version that's in front of us. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else before I take the roll
call? Ms. Kimball, go ahead.
MS. KIMBALL: I just wanted to make a few concluding comments here. First
of all, thank you, Mr. Chung, for your analysis of the Supreme Court decision. I
intend to concur. But one of the things that we've said here is that this is a
stopgap measure until such time as the State Legislature introduces their own.
And my understanding is that there are discussions going on, and it is likely, if not
probable, that they will. However, I think we should also take into account the
possibility, unlikely as it may be, that the State will leave it to the counties to do
this.
So, basically, there's two things here: one, if we don't pass something now, we
have at least until the middle of the summer next year before there is something
that will be on the books from the State because it's got to go through the
legislative process. And, two, there's the remote possibility, given that we are
working on this, City and County of Honolulu is working on this, I know that
there's interest in Maui and Kauai to develop their own, that there is a possibility,
no matter how remote, that the State could leave this up to the counties entirely, in
which case we would be left without anything.
So, I appreciate the hesitation. I think we are well within our legal rights to do
this. Again, I want to thank Council Member Chung for initiating this
conversation. I think we've, through very lengthy discussions, developed a very
high quality bill that's been well-thought-out, highly defensible. And just
encourage everyone to lend their support today. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. If there's no one else, I just want to say
my mahalo to Mr. Chung and to Ms. Kimball because I think, between the two of
Page 60
Hawaii County Council-53 November 16,2022
them, they worked very hard in getting this bill to the point where we are now
going to be voting on something almost as good as it can be. Mr. Clerk, roll call
please.
Vote on Bill 220: The motion to pass Bill 220, Draft 3, as amended to
Draft 4 Draft 4, on second and final reading was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball,
and Chair David—5.
Noes: Council Member Kierkiewicz— 1.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Bill 223: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2022 TO JUNE 30, 2023
Adds the Environmental Management Hilo Waste Water Treatment Plant
Upgrades —State Revolving Funds project($17 million) to the Capital Budget.
Funds for these projects shall be provided from State Revolving Funds
($17 million), and would be used for improvements to the wastewater treatment
plant in Hilo.
Reference: Comm. 1038
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 223 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Thank you,
Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 223 at second and final reading, please say "aye."
Page 61
Hawaii County Council-53 November 16,2022
Vote on Bill 223: The motion to pass Bill 223 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Bill 224: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2022 TO JUNE 30, 2023
Adds the Planning Kona Open Space Network Plan—Fair Share project
($250,000)to the Capital Budget. Funds for this project shall be provided from
Fair Share Contributions ($250,000), and would be used to enhance opportunities
for residents and visitors to engage in recreational, educational, subsistence, and
gathering activities.
Reference: Comm. 1039
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 224 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: We had a good discussion in Committee. I
look for everyone's support on this measure.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 224 at second and final reading, please say "aye."
Vote on Bill 224: The motion to pass Bill 224 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 62
Hawaii County Council-53 November 16,2022
Bill 225: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER
PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE
OF $17,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF
HAWAII FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER
PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII
The issuance of General Obligation Bonds would serve as security for the
repayment of funds loaned to the County via the State Revolving Fund program.
Reference: Comm. 1040
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Vote on Bill 225: Mr. Kaneali`i-Kleinfelder moved to pass Bill 225 on
(Adopted) second and final reading. Seconded by Mr. Inaba and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. DAVID: Okay.
Bill 227: AMENDS CHAPTER 19, ARTICLE 13, SECTION 19-104 OF THE HAWAII
(Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
REAL PROPERTY SOLAR WATER HEATER TAX CREDIT
Eliminates eligibility for the tax credit when the installation of a solar water heater
is required by law and increases the tax credit from $300 to $1,000.
Reference: Comm. 1050.3
Intr. by: Mr. Chung
First Reading: November 2, 2022
CHR. DAVID: Mr. Chung.
MR. CHUNG: Madam Chairman, I'd like to give Mr. Kaneali`i-Kleinfelder the
honor of making the motion inasmuch as his amendment made this a much better
bill.
CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, Mr. Chung is deferring.
Page 63
Hawaii County Council-53 November 16,2022
MR. KANEALI`I-KLEINFELDER: I very much appreciate that. But given that
this is one of your last meetings, sir, I would love to be your second on this
because this is your bill. I will defer to you.
CHR. DAVID: Thank you. Are you making the motion?
MR. CHUNG: Thank you.
Motion to Approve: Mr. Chung moved to pass Bill 227, Draft 2, on second and
final reading. Seconded by Mr. Kaneali`i-Kleinfelder.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: I just ask for your approval in favorable support.
CHR. DAVID: Thank you, Mr. Chung. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I wanted to take a minute to recognize
Mr. Chung for bringing this forward. But more so, he stopped me in the meeting
somewhere in one of the previous hearings and he goes, or maybe he said it on the
floor, "I would really want to see this more, but I raised it by a hundred bucks.
But if you wanted to make it, say, 500, 1,000, go for it." And I couldn't help
myself because this is just a tremendous opportunity for the people in Hawaii
County. For me, given my knowledge in this area, a third of your electrical usage
in your house is usually heating water for your home. So, these systems pay for
themselves so quickly.
And the normal installation cost, if you get rebates at the State level, is
somewhere between $25 to $5,000, depending on the size of your system. It's a
big expense, but with this rebate and where property taxes are right now, I mean,
it just ties together so nicely. So, mahalo, Mr. Chung, and then mahalo for putting
out the idea, "Hey, if you guys want to make it more, make it more,"which we
did at the last hearing and you weren't present for that. But I wanted to mahalo
you for that. So, thank you. I will be supporting this today.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, mahalo, Mr. Chung, for this. All those in favor of approving Bill 227,
Draft 2, at second and final reading, please say "aye."
Page 64
Hawaii County Council-53 November 16,2022
Vote on Bill 227: The motion to pass Bill 227, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Bill 235: 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 —Volunteer Fire Assistance account
($66,120); and appropriates the same to the Volunteer Fire Assistance—Federal
account, bringing the total appropriation to $156,120. The additional funds would
be used for volunteer fire assistance.
Reference: Comm. 1070
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Vote on Bill 235: Mr. Kaneali`i-Kleinfelder moved to pass Bill 235 on
(Adopted) second and final reading. Seconded by Mr. Inaba and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Page 65
Hawaii County Council-53 November 16,2022
Bill 236: 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 —Emergency Rent Assistance 2 COVID-19
account($15,000,000) and Interest—Other Federal account($75,000); and
appropriates the same to the Emergency Rent Assistance 2 COVID-19 account
($11,250,000) and Emergency Rent Assistance 2 Admin COVID-19 account
($3,825,000). The additional funds would be used to assist eligible households at
risk of experiencing homelessness or housing instability resulting from the
COVID-19 pandemic.
Reference: Comm. 1071
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: November 2, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 236 on
second and final reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: This is a great opportunity for our County,
should the department of Office of Housing and Community Development do
something amazing with this funding. I'll be supporting this today.
CHR. DAVID: Thank you.
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. And I just want to mahalo nui Hawaiian
Community Assets, which was so instrumental in pulling a lot of our nonprofit
agencies around the island together to administer the ERAP (Emergency Rental
Assistance Program)program. My understanding is they're not going to be
involved in Phase 11 of distribution of these funds because they've done their job,
and they've built up the capacity within our nonprofit community to just take the
reigns on this particular program. So, want to mahalo nui them and just really
want to just extend my appreciation, my gratitude, and let these nonprofits know
how proud I am, the Council is, of all the great work that they're doing to make
sure that our families are housed during this very difficult time. Thank you,
Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 236 at second and final reading,please say "aye."
Page 66
Hawaii County Council-53 November 16,2022
Vote on Bill 236: The motion to pass Bill 236 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
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 believe that brings us to the end of our agenda. Before I
adjourn, I need to make an announcement. No. 1, first, thank you to all the staff,
and for Ms. Chow for being here today and honoring Mr. Chung and I with her
beautiful leis and kind thoughts. So, I would now request that we all rise before I
adjourn. Council Member Inaba, go ahead.
MR. INABA: Thank you. Before we adjourn today and perhaps a little
nontraditional that we do something while the meeting is still going on, but being
that I don't know when we'll have the opportunity to do this again. Earlier this
term, Council Member Chung had happened upon a video of a certain song that
was composed by Queen Lili`uokalani in 1878. At that time, she was just a
princess. Her brother, David Kalakaua, was king. And at some point, we knew
we had to do this, and this is for not just Mr. Chung but for Aunty Mai le as well,
by sharing with you, both, our aloha. We'll have more talk-stories and sharing of
memories at our final, final meeting but wanted to share this being that this is our
last Kona meeting.
(Note: At this time, Mr. Inaba played the `ukulele as he sang Aloha `Oe.)
MR. INABA: You weren't going to get away without that one, Mr. Chung.
CHR. DAVID: Thank you so much, Mr. Inaba. It was beautiful. And just thank
you. Right now, I am going to adjourn this meeting and thank all my colleagues
for just a beautiful time with this body that we've had. I really will cherish my
last term with this Vice Chair here, and we will see you guys later. Mr. Henricks,
this is not the last time we're going to see you either, so we'll see you in Hilo and
mahalo, everyone. I'm adjourning.
Page 67
Hawai`i County Council-53 November 16,2022
ADJOURN- There being no further business, at 12:09 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Kimball and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kanealii-Kleinfelder, Kierkiewicz, Kimball,
and Chair David—6.
Noes: None.
Absent: Council Members Lee Loy and Villegas—2.
Excused: None.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder and Ms. Kierkiewicz.
Wish you were here but we see you, and we are adjourned.
MR. KANEALI`I-KLEINFELDER: Enjoy the oxtail soup, Chair.
CHR. DAVID: Thank you. We are adjourned at 12:09. Mahalo, everybody.
Council Approval: DEC 2 1 2022
CO '1" '1r
JH/dg
Page 68