HomeMy WebLinkAboutMIN COUNCIL 2023-01-25 2022-2024
Hawai‘i County Council
th
4 Session
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
January 25, 2023
INVOCATION: Pastor Brian Keiser of Lutheran Church of the Holy Trinity gave the morning’s
invocation.
CALL TO The regular meeting of the Hawai‘i County Council was called to order at
ORDER: 9:03 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball,
Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kānealiʻi-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (came in later)
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: (There were none.)
Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Mr. Clerk, I would like to just give everybody kind of a heads
up of the plan today. We’re going to start out of order and get all of our reports
taken care of. And then, if Administrator Kunz is available, we will do Bill 9 and
then return to the top of the agenda and save the park-related bills for the last
item. So, if you don’t mind, can we start with the first report?
MR. HENRICKS: Sure, and I did see Ms. Kunz in the Hilo chambers.
MS. KIERKIEWICZ: She’s here.
CHR. KIMBALL: Thank you.
st
MR. INABA: Chair, motion to approve the minutes of the December 21
meeting.
CHR. KIMBALL: Thank you for that reminder.
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 December 21,
of Minutes: 2022. Seconded by Ms. Galimba and carried by the
(Approved) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Now, onto order of business for the day, starting with
“Reports.” Thank you, Council Member Inaba.
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:
GOEAC-1 REAPPOINTMENT OF AARON SPIELMAN TO THE HAWAI‘I COUNTY
(Comm. 41): CULTURAL RESOURCES COMMISSION
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Hawai‘i County Council-4 January 25, 2023
Vote on GOEAC-1: Mr. Inaba moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 1. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The reappointment is approved.
GOEAC-2 REAPPOINTMENT OF AUSTIN GRIFFEY TO THE GAME MANAGEMENT
(Comm. 42): ADVISORY COMMISSION
Requires Council
Confirmation by: January 28, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
Vote on GOEAC-2: Mr. Inaba moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 2. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The reappointment of Austin Griffey is affirmed.
GOEAC-3 REAPPOINTMENT OF GERALD KOSAKI TO THE FIRE COMMISSION
(Comm. 43):
Requires Council
Confirmation by: January 28, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
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Hawai‘i County Council-4 January 25, 2023
Vote on GOEAC-3: Mr. Inaba moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 3. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The reappointment of Gerald Kosaki is approved.
GOEAC-4 REAPPOINTMENT OF DEBORAH CHANG TO THE PUBLIC ACCESS,
(Comm. 44): OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
COMMISSION
Requires Council
Confirmation by: January 28, 2023 (Section 2-215(j),
Hawaiʻi County Code)
Vote on GOEAC-4: Mr. Inaba moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 4. Seconded by
Ms. Kagiwada and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The reappointment of Ms. Chang is approved.
GOEAC-5 NOMINATION OF SAMUEL NELSON TO THE SALARY COMMISSION
(Comm. 45):
Requires Council
Confirmation by: January 28, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
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Hawai‘i County Council-4 January 25, 2023
Vote on GOEAC-5: Ms. Galimba moved to adopt Governmental Operations
(Adopted) and External Affairs Committee Report No. 5. Seconded
by Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The motion for Mr. Nelson to the Salary Commission is
affirmed.
GOEAC-6 NOMINATION OF DR. DAWOOD Y. FARAHI TO THE SALARY
(Comm. 46): COMMISSION
Requires Council
Confirmation by: January 28, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
Vote on GOEAC-6: Mr. Inaba moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 6. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: The nomination of Dr. Farahi is confirmed. I just want to take
this moment to thank all of our nominees again for your willingness to serve in
this capacity on behalf of the people of the County of Hawai‘i. Mr. Clerk, if we
can, please go to Bill 9 for first reading.
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Hawai‘i County Council-4 January 25, 2023
Bill 9: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-19, OF THE HAWAIʻI
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
AFFORDABLE HOUSING
Requires that all affordable housing agreements be submitted to the Council by the
Housing Administrator within 30 calendar days following the date of execution,
and quarterly activity reports beginning on March 1, 2023.
Reference: Comm. 30
Intr. by: Mr. Inaba and Ms. Kimball
Approve: PCPLUD-1
; and
Comm. 30.1: From Council Members Holeka Goro Inaba and Heather L. Kimball, dated
January 18, 2023, transmitting a proposed amendment to Bill 9.
Motion to Approve: Mr. Inaba moved to pass Bill 9 on first reading and adopt
Policy Committee on Planning, Land Use, and
Development Report No. 1. Seconded by Ms. Villegas.
CHR. KIMBALL: Mr. Inaba.
MR. INABA: Thank you. We had good discussion and Administrator Kunz
came to our Committee hearing. After that hearing, we did want to put in one
amendment to make very clear the intention. So, in our board, we have
Communication 30.1. This simply adds the word “excess” in Subsection (b)(1) to
make sure that we have a list of developers who are in possession of excess
affordable housing credits and will track that separately from any others who meet
and earn affordable housing credits, to meet the requirement based on Chapter 11.
So it’s simply just making sure that we have that record very clear.
Administrator Kunz, if you want to chime in here. Just want to mahalo you and
Corporation Counsel for making sure we got this word in to be very clear with
what we want.
CHR. KIMBALL: Council Member Inaba, before we have Administrator Kunz
speak, can I have you make the motion on the amendment?
MR. INABA: Thank you. Sorry.
Motion to Amend: Mr. Inaba moved to amend Bill 9 with the contents of
Comm. 30.1. Seconded by Ms. Galimba.
CHR. KIMBALL: Thank you, Mr. Inaba.
MR. INABA: Apologies. Good morning, Administrator Kunz. If you want to
chime in.
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Hawai‘i County Council-4 January 25, 2023
(Note: At this time, Housing Administrator Susan Kunz came forward to
address the members of the Council.)
MS. KUNZ: Good morning. My name is Susan Kunz. I’m the Housing
Administrator for the Office of Housing and Community Development. The only
comment that I have is in agreeance with Council Member Inaba. We’ve worked
very closely on this language. I very much support the additional description of
the types of credits that we will be reporting. Fully in support of this.
MR. INABA: Thank you, Administrator Kunz, and happy to answer any
questions my colleagues might have. Mahalo.
CHR. KIMBALL: Thank you, Council Member Inaba. Any discussion on the
amendment? Council Member Evans.
MS. EVANS: Good morning, Director Kunz. My question is in terms of
transparency. Will these reports be on your website?
MS. KUNZ: I can definitely put them to the website. These are public
information, so we could definitely post them there if you would like, or if the
Council—yeah.
MS. EVANS: Thank you. I do think, given the recent, you know, I think the
public really wants to know about these housing credits. So I appreciate you
putting them on the website. Thank you.
MS. KUNZ: Sure.
CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion
on the amendment? Council Member Galimba.
MS. GALIMBA: My question is about the amendment, and I just would like a
little bit more explanation of that one word “excess” perhaps from Director Kunz.
MS. KUNZ: Sure. In regards to Chapter 11, there are a couple of categories, I
would say, of credits that are being considered. Credits are recognized as an
obligation first. When you look at Chapter 11, the requirement that a developer
needs to meet, you know, to meet the requirements of the chapter is signified by
the awarding of these credits based on the AMI (Area Median Income) of the
units that you are producing. Those are what I would call obligatory credits. You
earn them to meet your requirement. You cannot transfer them. You cannot sell
them. They are simply used to qualify the obligation.
The excess credits is what a developer can earn when they produce affordable
housing units that’s over and above the requirement. These are the credits that
can be transferred, sold, what have you, and redeemed for future housing
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Hawai‘i County Council-4 January 25, 2023
requirements. That’s why it’s important to make sure that we delineate between
the two and that we clarify that these are the credits that we’re trying to track the
movement of. Does that answer your question?
MS. GALIMBA: Yes, thank you.
MS. KUNZ: Okay.
CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion
on the amendment? Seeing none, we will go ahead with the vote. All of those in
favor of amending Bill 9 with the contents of Communication 30.1, please say
“aye.”
Vote on Motion to The motion to amend Bill 9 with the contents of
Amend: Comm. 30.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Vote on Bill 9: The motion to pass Bill 9, as amended to Draft 2, on first
(Draft 2) reading and adopt Policy Committee on Planning, Land
(Approved) Use, and Development Report No. 1 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Bill 9 passes first reading. We will now return to the
beginning of the agenda, please.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawai‘i County Council-4 January 25, 2023
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 20-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
FOR PROFESSIONAL GRANT MANAGEMENT SERVICES FOR THE
HAWAIʻI FIRE DEPARTMENT
Authorizes the Mayor to enter into a multi-year agreement with CNC Consulting
from August 29, 2022 through November 28, 2024, with a cost not to exceed
$30,000.
Reference: Comm. 17
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-1
Vote on Res. 20-23: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 20-23 and
(Adopted) Finance Committee Report No. 1. Seconded by Mr. Inaba
and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 20-23 is approved.
Res. 21-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT
Transfers $2,500 from the Liquor Control/Public Programs account; and credits to
the Sundry Refund account, to complete the return of prior year Contingency Relief
funds from the Department of Liquor Control.
Reference: Comm. 22
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-2
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Hawai‘i County Council-4 January 25, 2023
Vote on Res. 21-23: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 21-23 and
(Adopted) Finance Committee Report No. 2. Seconded by Mr. Inaba
and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 21-23 is adopted.
Res. 22-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
KOHANAIKI ‘OHANA
Approves a grant of $20,380 to Kohanaiki ʻOhana, a 501(c)(3) nonprofit
organization, to protect, preserve, and restore the ‘O‘oma Beach property in
North Kona (Tax Map Key: 7-3-009:004), pursuant to Section 10-16(h) of the
Hawaiʻi County Charter.
Reference: Comm. 23
Intr. by: Mr. Inaba
Approve: LAAC-1
Motion to Approve: Mr. Inaba moved to adopt Res. 22-23 and Legislative
Approvals and Acquisitions Committee Report No. 1.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: No further discussion. I ask for your support. Mahalo.
CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please
say “aye.”
Vote on Res. 22-23: The motion to adopt Res. 22-23 and Legislative Approvals
(Adopted) and Acquisitions Committee Report No. 1 was carried by
the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
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Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Resolution 22-23 is approved.
Res. 23-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
PŌHĀHĀ I KA LANI
Approves a grant of $39,710 to Pōhāhā I Ka Lani, a 501(c)(3) nonprofit
organization, to protect, preserve, and restore the Waipiʻo Valley Lookout property
in Hāmākua (Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the
Hawai‘i County Charter.
Reference: Comm. 24
Intr. by: Ms. Kimball
Approve: LAAC-2
Vote on Res. 23-23: Ms. Kagiwada moved to adopt Res. 23-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 2.
Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 23-23 is approved.
Res. 24-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO THE FOOD BASKET
Provides grant funds in the amount of $91,500, to cultivate fresh produce, reduce
food waste, increase the volume of fruits and vegetables diverted to local food
assistance programs, expand the consumption of local agricultural products, deepen
engagement with Hawaiʻi Island’s food system, and heighten the program’s
sustainability.
Reference: Comm. 25
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-3
Motion to Approve: Mr. Inaba moved to adopt Res. 24-23 and Legislative
Approvals and Acquisitions Committee Report No. 3.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Inaba.
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Hawai‘i County Council-4 January 25, 2023
MR. INABA: I have no further discussion. I ask for your continued support.
Mahalo.
CHR. KIMBALL: Thank you. Any other discussion on this one? Seeing none,
all of those in favor please say “aye.”
Vote on Res. 24-23: The motion to adopt Res. 24-23 and Legislative Approvals
(Adopted) and Acquisitions Committee Report No. 3 was carried by
the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 24-23 is approved.
Res. 25-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO HUI MĀLAMA I KE ALA ‘ŪLILI
Provides grant funds of $100,000, to establish a community resilience hub in
Pa‘auilo to address the current and future needs for food systems, a sustainable
economy, and community care.
Reference: Comm. 26
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-4
Vote on Res. 25-23: Mr. Inaba moved to adopt Res. 25-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 4.
Seconded by Ms. Villegas and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 25-23 is approved.
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Hawai‘i County Council-4 January 25, 2023
Res. 26-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO LA‘I‘ŌPUA 2020
Provides grant funds of $100,000, to support the Ho‘okahua Food Preservation
Project that will teach food preservation techniques, encourage the community to
buy local produce, and support a food program for qualified students in
West Hawaiʻi.
Reference: Comm. 27
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-5
Motion to Approve: Ms. Galimba moved to adopt Res. 26-23 and Legislative
Approvals and Acquisitions Committee Report No. 5.
Seconded by Ms. Villegas.
CHR. KIMBALL: Any discussion? Council Member Inaba.
MR. INABA: Thank you, Chair. I’ll be recusing myself. I have an immediate
family member who is on staff with this nonprofit. Thank you.
CHR. KIMBALL: Thank you, Council Member Inaba. Any other discussion?
Seeing none, all of those in favor please say “aye.”
Vote on Res. 26-23: The motion to adopt Res. 26-23 and Legislative Approvals
(Adopted) and Acquisitions Committee Report No. 5 was carried by
the following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball – 7.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: Council Member Inaba – 1.
CHR. KIMBALL: Resolution 26-23 is approved.
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Hawai‘i County Council-4 January 25, 2023
Res. 30-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL
PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY
Allows for the receipt of $75,000, which would be used to cover overtime expenses
incurred by multi-agency law enforcement to follow-up on persons ordered by the
court to surrender firearms.
Reference: Comm. 37
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-7
Vote on Res. 30-23: Mr. Inaba moved to adopt Res. 30-23 and Governmental
(Adopted) Operations and External Affairs Committee Report No. 7.
Seconded by Ms. Kagiwada and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
and Chair Kimball – 7.
Noes: None.
Absent: Council Members Lee Loy and Villegas – 2.
Excused: None.
Res. 31-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO THE EDITH KANAKA‘OLE FOUNDATION
Provides grant funds of $90,525, to support the KIPA (Known Indigenous
Perspectives and Alignment) Business Cultural Training program.
Reference: Comm. 38
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-6
Vote on Res. 31-23: Mr. Inaba moved to adopt Res. 31-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 6.
Seconded by Ms. Kagiwada and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
and Chair Kimball – 7.
Noes: None.
Absent: Council Members Lee Loy and Villegas – 2.
Excused: None.
CHR. KIMBALL: Resolution 31-23 is adopted.
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Hawai‘i County Council-4 January 25, 2023
Res. 32-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO THE EDITH KANAKA‘OLE FOUNDATION
Provides grant funds of $100,000, to support the Kukulu ka Pahukapu Program and
advance Responsible Tourism and Pono-Based Communication.
Reference: Comm. 39
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-7
Vote on Res. 32-23: Mr. Inaba moved to adopt Res. 32-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 7.
Seconded by Ms. Kagiwada and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
and Chair Kimball – 7.
Noes: None.
Absent: Council Members Lee Loy and Villegas – 2.
Excused: None.
CHR. KIMBALL: Resolution 32-23 is adopted.
Res. 33-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TO AWARD FUNDS TO THE KOHALA CENTER
Provides grant funds of $87,047, to support the Pūlama Kahalu‘u: Supporting
Ongoing Stewardship Program.
Reference: Comm. 40
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-8
Motion to Approve: Mr. Inaba moved to adopt Res. 33-23 and Legislative
Approvals and Acquisitions Committee Report No. 8.
Seconded by Ms. Galimba.
CHR. KIMBALL: Any discussion?
MR. KĀNEALIʻI-KLEINFELDER: Chair?
CHR. KIMBALL: Yes, Council Member Kānealiʻi-Kleinfelder.
MR. KĀNEALIʻI-KLEINFELDER: Mahalo, Chair. I just want to recognize
Kohala Center for the outstanding work they do in our community.
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Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor please say “aye.”
Vote on Res. 33-23: The motion to adopt Res. 33-23 and Legislative Approvals
(Adopted) and Acquisitions Committee Report No. 8 was carried by
the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
and Chair Kimball – 7.
Noes: None.
Absent: Council Members Lee Loy and Villegas – 2.
Excused: None.
CHR. KIMBALL: Resolution 33-23 is adopted.
Res. 34-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAI‘I DEPARTMENT OF HUMAN SERVICES
Allows for the receipt of $2 million which would be used to support new and
existing programs that connect individuals and families experiencing homelessness
to appropriate services and resources.
Reference: Comm. 47
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-3
Vote on Res. 34-23: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 34-23 and
(Adopted) Finance Committee Report No. 3. Seconded by
Ms. Kagiwada and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
and Chair Kimball – 7.
Noes: None.
Absent: Council Members Lee Loy and Villegas – 2.
Excused: None.
CHR. KIMBALL: Resolution 34-23 is adopted.
Page 16
Hawai‘i County Council-4 January 25, 2023
Res. 35-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE
SEWER CLEANING TRUCK FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of $9,000.
Reference: Comm. 48
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-4
Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 35-23 and
Finance Committee Report No. 4. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion?
MR. KĀNEALIʻI-KLEINFELDER: Chair, I do have discussion.
CHR. KIMBALL: Go ahead.
MR. KĀNEALIʻI-KLEINFELDER: At the last meeting, I asked a few questions
of the department. I don’t quite understand the needs of the department, but I did
hear that we have one truck existing and that we use it perhaps two times a week.
This is a fairly large expense for the County as a whole and the department. I just
want to highlight that for the members of the Council. Understanding the needs
of the department. Again, understanding that there may be a need for one on each
side of the island—I see Deanna making her way to the front—but also
understanding that this is a long-term lease. It’s an expensive piece of equipment.
And, from what I understood, I didn’t see a tremendous use for the one that we
have existing in stock. I have not matched this against our County inventory. But
those are my concerns at this point. Ms. Sako?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: I did hear Dora Beck say that last time, the director of the division,
but she followed up by saying not all of their positions are filled. So, while they
would like to use it much more and several times a week, they just don’t have the
people in the positions at the moment. But also the lead time on a lot of this
equipment is long. So, if this truck was to break down, because it’s the only one
we have, then it could be years before we’re able to replace it. So I think the
concern is getting it here as well as filling their positions so that we can continue
to utilize it and take advantage of its services.
Page 17
Hawai‘i County Council-4 January 25, 2023
MR. KĀNEALIʻI-KLEINFELDER: Okay. And this is an expected expense on
the department’s behalf?
MS. SAKO: Yeah, I believe this was a budgeted item.
MR. KĀNEALIʻI-KLEINFELDER: Okay. Well, thank you for that, Ms. Sako.
There was concern, given the answer that we received last time, and looking at the
length of the term and the cost. So that is very helpful. I’ll be supporting this
today. Thank you. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kānealiʻi-Kleinfelder, and thank
you, Director Sako. Any further discussion? Council Member Evans.
MS. EVANS: Thank you, Director Sako; just to follow up on the previous
questioning. I’m very supportive of this, but hope that if in fact it’s saying that
maybe they only use it two or three times let’s say a month, in the future if
someone offers this service, would it be to our benefit just to do a callout and say,
“We need you to—”; like all of us, we call someone to take care of something.
Would it be better in the long run for us just to hire on an “as need” basis? You
don’t have to answer today. But I know you’re on a lease payment, so I’m
assuming that sometime in the future, you can get out of it if you want.
Something to think about.
MS. SAKO: Most of our leases are lease to own, like a financing lease like a car
payment. But, in addition, one of the concerns we have is that once it’s
historically and customarily been performed within the County, sometimes those
are difficult to then go outside. And so we’d have to consult with Corporation
Counsel to determine if that would be possible. But, yes, we’re always willing to
consider it.
MS. EVANS: Thank you.
CHR. KIMBALL: Thank you, Council Member Evans, and thank you,
Director Sako, again. Any further discussion? Okay, all of those in favor of
approving Resolution 35-23, please say “aye.”
Vote on Res. 35-23: The motion to adopt Res. 35-23 and Finance Committee
(Adopted) Report No. 4 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Page 18
Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Resolution 35-23 is adopted.
Res. 36-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I RISE
FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE
TH
27ANNUAL KWXX HO‘OLAULE‘A
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 51
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 36-23. Seconded by
Mr. Kānealiʻi-Kleinfelder.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Grateful to be joining my colleagues
Council Members Kānealiʻi-Kleinfelder and Lee Loy in supporting this long-
standing event, which happens this Saturday in Downtown Hilo at 5 p.m. So I
hope to see many of you there. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, all those in favor please say “aye.”
Vote on Res. 36-23: The motion to adopt Res. 36-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 36-23 is adopted.
Page 19
Hawai‘i County Council-4 January 25, 2023
Res. 37-23: 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 ALONG HILO BAYFRONT TRAILS IN COUNCIL DISTRICT 2
Transfers $5,750 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 52
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 37-23. Seconded by
Ms. Villegas.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. This was a request that was made by the
Hilo Bayfront Trails people actually to former Council Member Aaron Chung,
and they weren’t able to get it through by the end of his term. I reached out to
Hilo Bayfront Trails, and they said, “Yes, indeed it’s still needed.” It’s for kind
of like parkour equipment along the trails that they had planned all along. So I’m
happy to provide the funding to get that done to Parks and Rec. (Recreation).
Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Any additional
discussion? Seeing none, all those in favor please say “aye.”
Vote on Res. 37-23: The motion to adopt Res. 37-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 37-23 is adopted.
Page 20
Hawai‘i County Council-4 January 25, 2023
Res. 38-23: 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 HAWAI‘I
YMCA TO ASSIST WITH EXPENSES RELATED TO THE PURCHASE AND
INSTALLATION OF A WATER BOTTLE FILLING STATION
Transfers $4,015 from the Clerk-Council Services – Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 61
Intr. by: Ms. Lee Loy
Vote on Res. 38-23: Mr. Inaba moved to adopt Res. 38-23. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 38-23 is adopted.
Res. 39-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF UP TO TEN
PALLET SHELTER UNITS FOR THE OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
This donation from the County of Maui with an estimated value of $70,000 would
be used as emergency shelters to address homelessness.
Reference: Comm. 62
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 39-23.
Seconded by Mr. Inaba.
CHR. KIMBALL: Any discussion?
MR. KĀNEALIʻI-KLEINFELDER: Chair, if I could.
CHR. KIMBALL: Council Member Kānealiʻi-Kleinfelder.
MR. KĀNEALIʻI-KLEINFELDER: This was actually waived to Council to
expedite the process. As well, there is a request to send a letter of appreciation to
the Office of the Mayor for the County of Maui, and I just wanted to recognize
Page 21
Hawai‘i County Council-4 January 25, 2023
that and the County of Maui for their generous donation of these units to us. I
actually believe that the pallet in there should be capitalized because it’s actually
the name of the company or the nonprofit that makes these units. They come
prepacked on a pallet, as far as I understand, and then you open them up, put them
together. It can be constructed in about an hour. So, very neat, good shelter or
housing for our homelessness, for an emergency, whatever it may be. But I do
appreciate the County of Maui helping us get these units. I yield. If there is
anyone from the department, it would be nice to hear from the department of
housing and community development, from their perspective.
CHR. KIMBALL: Thank you, Council Member Kānealiʻi-Kleinfelder. Do we
have somebody here? Is that Specialist Hirota?
(Note: At this time, Housing and Community Development Specialist
Sharon Hirota came forward to address the members of the Council.)
MS. HIROTA: Yes.
CHR. KIMBALL: Hi. Good morning.
MS. HIROTA: Hi. Good morning. Thank you very much. So, yes, we’re very
(inaudible) that we were able to partner with the County of Maui as they were
disassembling their emergency shelter, a response to COVID (coronavirus
disease). And when we reached out, they offered to donate up to ten of these
units to our island to be used for our emergency homeless project. With this
resolution, then we can move forward with coordinating the transport or logistics
moving from Maui to Hawai‘i County. So thank you.
MR. KĀNEALIʻI-KLEINFELDER: Right on. Mahalo, Chair. I appreciate that.
Thanks for being on today. And then is your department handling the letter of
appreciation, or is that something that my office needs to do or from our Mayor’s
office?
MS. HIROTA: We will draft and forward it to you.
MR. KĀNEALIʻI-KLEINFELDER: Beautiful. Thank you very much,
Ms. Hirota.
MS. HIROTA: You’re welcome.
MR. KĀNEALIʻI-KLEINFELDER: I appreciate it. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member Kānealiʻi-Kleinfelder and
Specialist Hirota. Council Member Kagiwada.
Page 22
Hawai‘i County Council-4 January 25, 2023
MS. KAGIWADA: Thank you, Chair. I was just wondering; so these were
formerly used shelters that were then taken down and are going to be shipped. Is
that correct?
MS. HIROTA: That is correct.
MS. KAGIWADA: And they are in good condition?
MS. HIROTA: Yes, they are.
MS. KAGIWADA: Okay. So they were just used for a short period of time.
MS. HIROTA: Yes. These were meant to be able to bring up as needed and
break down. We worked closely with the director from Maui to ensure that these
were in good shape.
MS. KAGIWADA: Okay. Thank you so much. I just want to make sure that the
cost of the shipping and everything makes it worth it. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council
Member Inaba.
MR. INABA: Good morning, Ms. Hirota. Just wondering where the units are
going to be placed on our island when it gets here.
MS. HIROTA: We have yet to finalize the location of the units. We’re still
evaluating spaces. We certainly will keep all of you apprised once that is
finalized.
MR. INABA: Okay. Thank you so much. Mahalo. Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Inaba. Thank you again,
Specialist Hirota. Any further discussion? Seeing none, all those in favor of
Resolution 39-23, please say “aye.”
Vote on Res. 39-23: The motion to adopt Res. 39-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Resolution 39-23 is adopted. Thank you.
Page 23
Hawai‘i County Council-4 January 25, 2023
Res. 40-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SUBLEASE OF
REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY
CLERK, ELECTIONS DIVISION
Authorizes the Mayor to enter into a five-year sublease agreement with Men’s
Shop, Inc., for 3,000 square feet of warehouse space located at 210 Maka‘ala Street,
at an approximate monthly cost of $1,953.
Reference: Comm. 63
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 40-23.
Seconded by Mr. Inaba.
CHR. KIMBALL: Any discussion?
MR. KĀNEALIʻI-KLEINFELDER: Chair, I have some questions.
CHR. KIMBALL: Go ahead, Council Member Kānealiʻi-Kleinfelder.
MR. KĀNEALIʻI-KLEINFELDER: I’m not sure; I think this is going to be for
Mr. Brown or Mr. Henricks. Maybe Hamana.
MR. HENRICKS: I’ll try over here.
MR. KĀNEALIʻI-KLEINFELDER: This was waived to Council, and I just want
to check in regards to Office of Elections. Is this for general division? This is for
the folks next door to us here in the Council chambers in Hilo? What’s going on
here?
MR. HENRICKS: Yes, it’s for our Elections’ operations, and we have held this
space for many years. So just an extension that has been extended in the past.
MR. KĀNEALIʻI-KLEINFELDER: Okay, so continuing on the same space, but
we’re not moving the Office of Elections for the general public.
MR. HENRICKS: No, no. So, yeah, exactly. This is warehouse space we use for
our equipment. It’s like surplus space. We also store nonsensitive documents
there and other things that have a lifespan, if you will, that require retaining for a
while. It’s a good space. It’s in a proper location. It’s just the right size too. I’d
also like to point out that we had been receiving a very favorable rate from the
landlord and there’s been a slight increase, but I think it’s more than fair at this
point in time.
Page 24
Hawai‘i County Council-4 January 25, 2023
MR. KĀNEALIʻI-KLEINFELDER: That was my next question. It’s going up
about $320 a month.
MR. HENRICKS: Right. And in the past, the rate had not increased. So, when
we looked at that, we thought that was more than reasonable on the part of the
landowner.
MR. KĀNEALIʻI-KLEINFELDER: Yeah, I think, given the recent raise in
property taxes, that would necessitate a little increase for us as well.
(Note: At this time, Property Manager Hamana Ventura, Finance
Department, came forward to address the members of the Council.)
MR. VENTURA: Correct. Hamana Ventura, Property Manager. Based on the
evaluation, yeah, we thought it was more than fair. We’ve been in this space
since 1994.
MR. KĀNEALIʻI-KLEINFELDER: Wow. Wow, that’s a long lease.
MR. VENTURA: Correct.
MR. KĀNEALIʻI-KLEINFELDER: Interesting. This includes CAM (common
area maintenance) and everything? Or is there CAM for this?
MR. VENTURA: CAM is included in the total that’s in front of you.
MR. KĀNEALIʻI-KLEINFELDER: Okay. Perfect. Okay, that’s all my
questions. Thank you very much, Mr. Ventura. Thank you, Mr. Henricks.
MR. HENRICKS: You’re welcome.
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor of adopting Resolution 40-23, please say “aye.”
Vote on Res. 40-23: The motion to adopt Res. 40-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Page 25
Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Resolution 40-23 is adopted. Thank you. At this time, I’d
like to have us skip ahead on the agenda and save the Parks-related Code
amendments for last. Let’s go to Bill 3, please.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Bill 3: 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
Appropriates excess fuel tax revenues collected from 2020-2022 by establishing
the following fuel tax program appropriations to the Capital Budget: Roadway
Projects (Engineering) ($252,043.47); Bridge Inspection, Repair and Replacement
Program (Engineering) ($177,913.04); and Local Road Improvements (Highways)
($429,956.52), for a total appropriation of $859,913.03.
Reference: Comm. 18
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-5
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. Kānealiʻi-Kleinfelder moved to pass Bill 3 on first
reading and adopt Finance Committee Report No. 5.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kānealiʻi-Kleinfelder, any discussion to start
us off?
MR. KĀNEALIʻI-KLEINFELDER: Thank you. There was a lot of testimony
regarding this. I really appreciate the different departments being there to answer
the community’s concerns at the end. I think the comment was made by some of
the testifiers that just the concern of transparency and making sure the
government is doing its job and working with the public. I really think that our
meeting last time highlighted that. It’s a good motion to go through as we look at
things that have been very contentious in the past, and moving forward in a very
positive manner with our community. I just appreciate the departments and the
information provided to help to alleviate the concerns in the community. Given
our discussion last time, I’ll be supporting this bill today. Thank you.
CHR. KIMBALL: Thank you, Council Member Kānealiʻi-Kleinfelder. Any
further discussion? I’d also just like to weigh in. I appreciate the departments
being available last time to answer questions that we had about this. There was
Page 26
Hawai‘i County Council-4 January 25, 2023
some lack of clarity for folks, and I feel like that was cleared up. Okay, all those
in favor of the motion on the floor, which is to approve Bill 3 at first reading,
please say “aye.”
Vote on Bill 3: The motion to pass Bill 3 on first reading and adopt
(Approved) Finance Committee Report No. 5 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
CHR. KIMBALL: Bill 3 passes at first reading.
Bill 4: AMENDING ORDINANCE NO. 22-64, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2022 TO JUNE 30, 2023
Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the
following fuel tax program appropriations to the Capital Budget: Roadway
Projects (Engineering) ($1,288,729.07); Bridge Inspection, Repair and
Replacement Program (Engineering) ($15,892.03); and Local Road Improvements
(Highways) ($214,385.57), for a total appropriation of $1,519,006.67.
Reference: Comm. 19
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-6
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. Kānealiʻi-Kleinfelder moved to pass Bill 4 on first
reading and adopt Finance Committee Report No. 6.
Seconded by Mr. Inaba.
CHR. KIMBALL: Any discussion?
MR. KĀNEALIʻI-KLEINFELDER: I do have a question, Chair.
CHR. KIMBALL: Go ahead, Council Member Kānealiʻi-Kleinfelder.
MR. KĀNEALIʻI-KLEINFELDER: Ms. Sako, I have a question for you,
actually, on this one. I did ask questions of the department last time. I would like
Page 27
Hawai‘i County Council-4 January 25, 2023
to see more Puna roads projects on here, although they were stated that some of
this is set aside for Puna. I’d like to see it spent. But my question for you,
Ms. Sako, is these funds are in the Capital Projects Fund. Correct?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: That’s correct.
MR. KĀNEALIʻI-KLEINFELDER: When they lapsed—this is fuel tax revenue
set aside for the Capital Projects Fund, right?
MS. SAKO: Mm-hmm.
MR. KĀNEALIʻI-KLEINFELDER: When they lapse, they go back into the same
fund? Or they go back in—?
MS. SAKO: They stay in the Capital Projects Fund until we reappropriate them
in this manner.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And then the Capital Projects Fund
being separate from the fuel tax revenues, or a piece of?
MS. SAKO: It’s a piece of the fuel tax revenues.
MR. KĀNEALIʻI-KLEINFELDER: Okay.
MS. SAKO: So it all comes in through the Highway Fund, and then you’ll see in
the budget there’s a transfer out to Capital Projects Fund. That’s this one. As
well as sometimes we have to come in because we didn’t appropriate enough to
transfer. So that’s all kind of part of this. But once it gets to the Capital Projects
Fund, it stays there. And as you notice, it’s tracked by biennium period.
MR. KĀNEALIʻI-KLEINFELDER: Okay. So the Capital Projects Fund’s a
separate funding source for our capital projects that we as a County are going to
do.
MS. SAKO: Yes. The money, because it’s coming from Highway Fund and fuel
tax, it does have to be used for transportation projects. That’s why this ordinance
is important because it does detail out which projects are going to be completed
using that funding.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And then we have normal—we have
our fuel tax revenue, and there’s another fund for general projects, roadways,
things like that, or this is—?
Page 28
Hawai‘i County Council-4 January 25, 2023
MS. SAKO: The fuel tax revenue is typically budgeted in the Highway Fund, and
that’s where, like, their operations—day-to-day operations. So some of the road
paving is also done there, especially if it’s emergency work, potholes, things like
that.
MR. KĀNEALIʻI-KLEINFELDER: Okay. So we have our general work coming
under the Highway Fund, as well as a separate account for our capital projects.
MS. SAKO: Correct.
MR. KĀNEALIʻI-KLEINFELDER: So there’d be two separate line items in the
budget overlooking that for which capital projects we’re going to fund, and which
are normal kind of everyday fund for this.
MS. SAKO: The everyday work is broken out in the Highway Fund budget, and
then what you see in the Highway Fund is just transferred to Capital Projects
Fund. And then the capital budget, like Bill 4 that we have before us, where they
detail out all the projects, that’s where you’ll see the specific projects being done.
MR. KĀNEALIʻI-KLEINFELDER: Okay. So, if we’re going to take on a
project kind of summary then, if we’re going to take on a project that’s new, it’s
going to need to be transferred from the Highway Fund to the Capital Projects
Fund to set the funding in place for said projects, whatever it may be.
MS. SAKO: If that’s the funding source, correct.
MR. KĀNEALIʻI-KLEINFELDER: Okay. Unless there was another, like STIP
(Statewide Transportation Improvement Program) or Federal Highways or a grant
or something like that.
MS. SAKO: Right.
MR. KĀNEALIʻI-KLEINFELDER: Otherwise, normal everyday funding for
roadways in our County is going to be under the Highway Fund. What would that
account be? What is that account called?
MS. SAKO: It’s the entire Fund 020.
MR. KĀNEALIʻI-KLEINFELDER: (Fund) 020. Okay. So these funds are
specific to our capital projects.
MS. SAKO: Yes. Correct.
MR. KĀNEALIʻI-KLEINFELDER: And they can only be used for capital
projects?
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Hawai‘i County Council-4 January 25, 2023
MS. SAKO: These particular ones, yes. Once they get into the Capital Projects
Fund, they do not go back.
MR. KĀNEALIʻI-KLEINFELDER: And, as they’ve lapsed, they can only be
applied towards projects we started or any project now going into the future?
MS. SAKO: Usually, it’s the projects that were originally designated for that
biennium period.
MR. KĀNEALIʻI-KLEINFELDER: So these are projects that began—
MS. SAKO: Some of them, a long time ago. If like that project is completed,
then I believe the departments come up with newer projects that maybe continue
to need funding.
MR. KĀNEALIʻI-KLEINFELDER: Okay. So it could be applied towards new
projects or old projects.
MS. SAKO: But some of the breakouts are very general, like bridge inspection
because we do have to annually inspect our bridges as part of the Federal
program.
MR. KĀNEALIʻI-KLEINFELDER: Okay. The 1.2 million of this
1.5 million was for roadway projects.
MS. SAKO: Right.
MR. KĀNEALIʻI-KLEINFELDER: Whereas a very small amount for bridge
inspection, then 200,000 for local road improvements.
MS. SAKO: Yeah, and that’s because we continue to use the same formula to
allocate between roadway, bridge inspection, and local road improvements. And,
normally, bridge inspection and local road improvements are the priority projects
that get done annually, and then the roadway projects frequently are our STIP
match. And so sometimes it does take a little while to get on the STIP schedule.
But then, when we do use it, we use it rather quickly because our STIP matches
are rather large.
MR. KĀNEALIʻI-KLEINFELDER: Okay. I mean, some of this goes back to
1996.
MS. SAKO: Yes, it does. In some cases, I believe this was the one “yes” for fuel
tax increase 18-20. It was one penny. So we are very good at tracking every
penny.
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Hawai‘i County Council-4 January 25, 2023
MR. KĀNEALIʻI-KLEINFELDER: I remember we talked about that last time,
was that one cent difference. Do you remember when the fuel tax revenue—was
it increased in ’96, and that’s where we’re tracking from here on out? Or was it—
this is just kind of cumulative over time and this is what’s going on with the
account?
MS. SAKO: I’m not positive. The taxing authority comes to us from the State,
and the Highway Fund is actually created by HRS (Hawai‘i Revised Statutes). So
it may predate this actually, yeah, but this is the only period we have open.
MR. KĀNEALIʻI-KLEINFELDER: Okay. That was very informative. Thank
you. I think just gearing up towards our budget season and trying to wrap our
heads around which funds do what and what they’re for, for me, because I’m still
learning, and then for some of our new Council Members as well. Thank you.
MS. SAKO: No problem.
MR. KĀNEALIʻI-KLEINFELDER: Chair, I yield.
CHR. KIMBALL: Thank you, Council Member, and thank you, Director Sako.
Any further discussion? Actually, before I go ahead, let the record reflect that
Council Member Lee Loy has joined us. Thank you. Any further discussion here
on Bill 4? Seeing none, all those in favor please say “aye.”
Vote on Bill 4: The motion to pass Bill 4 on first reading and adopt
(Approved) Finance Committee Report No. 6 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 4 is approved at first reading.
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Hawai‘i County Council-4 January 25, 2023
Bill 5: 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 Public Works Kalanianaʻole Avenue Reconstruction - Private project
($100,000) to the Capital Budget. Funds for this project shall be provided from
Private Contributions.
Reference: Comm. 20
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-7
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. Kānealiʻi-Kleinfelder moved to pass Bill 5 on first
reading and adopt Finance Committee Report No. 7.
Seconded by Ms. Galimba.
CHR. KIMBALL: Any discussion?
MS. EVANS: Question.
CHR. KIMBALL: Council Member Evans.
MS. EVANS: Thank you. Director, I’m curious about the private contributions.
Is that kind of normal that we see people donating privately to help with projects?
I’m new to the Council, so I haven’t seen this before.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: It’s pretty unusual. We don’t get a lot of private contributions.
When we do, there’s usually a specific reason for it. In this case, the Hawai‘i Gas
Company, we laid some of the pipeline under Kalaniana‘ole since we had it tore
up anyway. So they’re basically reimbursing us for that work that’s already been
done.
MS. EVANS: Okay. All right, thank you.
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Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Thank you, Council Member Evans. Any additional
discussion? Seeing none, all those in favor please say “aye.”
Vote on Bill 5: The motion to pass Bill 5 on first reading and adopt
(Approved) Finance Committee Report No. 7 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 5 passes first reading.
Bill 6: 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
Appropriates the eighth increment of the fuel tax revenues established by
Resolution No. 504-08 and collected from 2022-2024 to the following programs:
Roadway Projects - Engineering ($2 million); Bridge Inspection, Repair and
Replacement Program - Engineering ($1.4 million); and Local Road
Improvements - Highway ($3.4 million), for a total appropriation of $6.8 million.
Reference: Comm. 21
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-8
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. Kānealiʻi-Kleinfelder moved to pass Bill 6 on first
reading and adopt Finance Committee Report No. 8.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kānealiʻi-Kleinfelder.
MR. KĀNEALIʻI-KLEINFELDER: Thank you, Chair. Deanna, I have some
more questions regarding this. Sorry to keep you up and down.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: It’s okay. It’s the only exercise I get.
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Hawai‘i County Council-4 January 25, 2023
MR. KĀNEALIʻI-KLEINFELDER: No, you had to walk all the way down here
from your office, too, and you’ve got to go back up the stairs to get back to your
office.
MS. SAKO: There you go.
MR. KĀNEALIʻI-KLEINFELDER: Okay. So this is for our—I mean, this is
basically the same ID (identification) as the last thing (inaudible). That was
lapsed. This is—
MS. SAKO: This is the new one for biennium ’22-’24.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And this is capital projects?
MS. SAKO: Yes, these are all for—all this money will be or has been transferred
to the Capital Projects Fund. We transfer it monthly as it comes in from the State.
And so this is the plan for the next two years, what the intention is to use the
funding on.
MR. KĀNEALIʻI-KLEINFELDER: Okay. Last time, I voiced my opinion that
we need more Puna projects on this. I’m going to restate that again for the record.
My question is, looking at this percentage here, and you brought this up on the
last one, how do we come up with these different percentages? Roadway
projects, bridge inspection, local roads?
MS. SAKO: Local road improvements is 50 percent of the expected revenue.
And then the engineering and bridge inspection, the two engineering parts, are the
other 50 percent. And I believe it’s a 30-20—30 percent, 20 percent, and then
50 percent. I didn’t quite do the math, but it should be close to that.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And that was decided by?
MS. SAKO: That’s been going on for a while. I think it’s to try to maximize the
use of the funds, partly because we know for bridge inspection we have to do it
annually. It’s required by Federal law. Those rules continue to get more and
more strict as we see bridges collapse across the country. And then the local road
improvements—obviously important to every community—we need to get those
roads paved. And then I wouldn’t say a “leftover,” but equally important is
having our match for our STIP projects so that when we do get that Federal
funding, the match is in place and we can just move on it.
MR. KĀNEALIʻI-KLEINFELDER: So local road improvements is 50 percent.
MS. SAKO: Yes.
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Hawai‘i County Council-4 January 25, 2023
MR. KĀNEALIʻI-KLEINFELDER: And then the other two categories, projects
and inspections, are broken up 30-20.
MS. SAKO: Let me do the math real quick.
MR. KĀNEALIʻI-KLEINFELDER: No, I think you’re right. That sounds right.
And then that is in place just to be—is that an administrative rule? This seems to
work.
MS. SAKO: Each ordinance, this is what’s approved. But I think it’s—yeah, I’m
not sure it’s actually in—oh, State law? Thank you.
MR. KĀNEALIʻI-KLEINFELDER: State law breaks it down. Okay.
MS. SAKO: Deputy County Clerk is very familiar with this process.
MR. KĀNEALIʻI-KLEINFELDER: I know he is. He’s been a wealth of
information. Local road improvements; how is that percentage broken down and
why is it set in these manners? I’m guessing this is not State.
MS. SAKO: No. It’s actually based on miles of road in each of the districts, as
well as I think they still have a cost factor because the cost of materials is much
higher on West Hawai‘i.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And I’m looking at I guess we break
up North Kona and South Kona. I mean, I’m not sure how this lays out for the
districts in Kona.
MS. SAKO: These are the geographic districts.
MR. KĀNEALIʻI-KLEINFELDER: Yeah, I was thinking that. I just want to
make sure that this—when was the last time this was revisited?
MS. SAKO: It’s been a few years but not that long ago. They continue to look at
it, and I believe that the breakdown is on Exhibit B in terms of how they got to
that distribution. So it’s changed slightly but not a lot from previous years.
MR. KĀNEALIʻI-KLEINFELDER: So kind of sticking to usually the same
percentages then, within plus or minus 1 percent.
MS. SAKO: Right. And part of that is just because of roads. And sometimes we
do swap roads with the State, so that can impact our mileage as well.
MR. KĀNEALIʻI-KLEINFELDER: Okay. And is this something that is guided
by the department as far as distribution? Or this is guided by Council?
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Hawai‘i County Council-4 January 25, 2023
MS. SAKO: The department usually comes up with the recommendation. And I
think for years we’ve decided miles of roadway would be a good way to allocate
that.
MR. KĀNEALIʻI-KLEINFELDER: Okay. We’ve had discussions—this isn’t
really for you—we’ve had discussions about how to gauge roadway quality, needs
assessments, but—I mean, I’m just looking at this and trying to figure out what
we’re doing because this guides the department. And then we also, if it’s not
spent, we look at doing another bill, like Bill 5—sorry, Bill 4, to bring those funds
back if they’re lapsing.
MS. SAKO: But if for some reason, like in that last bill where I think it was only
North Hilo that still had unspent money, all the other districts had been fully
utilized.
MR. KĀNEALIʻI-KLEINFELDER: Okay. That was helpful. Thank you. Yeah,
if I have further comments, I’ll bring it up with the Department of Public Works.
Thank you, Ms. Sako. I appreciate it. Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kānealiʻi-Kleinfelder. Thank
you again, Director Sako. Any further discussion? Council Member Evans.
MS. EVANS: Thank you. Just a follow-up question on the percentage. I know
recently we had some major flooding. And I think that probably really impacts
certain areas of the island, which would probably impact quite a few of the roads.
I know this is aspiration, trying to do these percentages, but wonder how often
this gets updated and how may we, as the Council, know how this money is
moving between districts. Because, I do think, in response, unless of course it’s
emergency proclamation and it’s being paid for by the Federal government, but I
would expect that some of these percentages are really fluid based on weather
conditions and possibly earthquakes. Any comment would be appreciated.
MS. SAKO: Actually, the percentages for local road improvements do not
change. So, whether there’s an earthquake, rain, flooding, or anything, these still
stay with that district so that we can repave the roads we have. If there is an
emergency, whether it qualifies for FEMA (Federal Emergency Management
Agency) assistance or not, we will take care of it. Even in the Highway Fund,
they do have an emergency section. And then we have the Disaster and
Emergency Fund should that not be adequate. So any natural disaster or other
emergency that came up would not take away from these percentage allocations
that are here. This would continue to remain within that district.
MS. EVANS: All right. Thank you.
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Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Thank you, Council Member Evans. Any additional
discussion? All right, seeing none, all of those in favor of approval of Bill 6,
please say “aye.”
Vote on Bill 6: The motion to pass Bill 6 on first reading and adopt
(Approved) Finance Committee Report No. 8 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 6 passes first reading.
Bill 8: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAIʻI
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
MEMBERSHIP OF THE VETERANS ADVISORY COMMITTEE
Removes the Disabled American Veterans’ representative and increases at-large
membership from seven to eight members.
Reference: Comm. 29
Intr. by: Ms. Lee Loy
Approve: PCHSW-5
Vote on Bill 8: Ms. Lee Loy moved to pass Bill 8 on first reading and
(Approved) adopt Policy Committee on Health, Safety, and Well-Being
Report No. 5. Seconded by Ms. Galimba and carried by
the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 37
Hawai‘i County Council-4 January 25, 2023
Bill 10: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the Federal Grants – National Instant Criminal
Background Check System Act Record Improvement Program ($75,000); and
appropriates the same to the National Instant Criminal Background Check System
Act Record Improvement Program account. Funds would be used to cover
overtime expenses incurred by multi-agency law enforcement to follow-up on
persons ordered by the court to surrender firearms.
Reference: Comm. 37
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-8
Vote on Bill 10: Ms. Evans moved to pass Bill 10 on first reading and adopt
(Approved) Governmental Operations and External Affairs Committee
Report No. 8. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: Bill 10 is adopted on first reading.
Bill 11: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State – 2022 Ohana Zone Funding account
($2 million); and appropriates the same to the 2022 ʻOhana Zone Funding –
Program account ($1,800,000); and 2022 ʻOhana Zone Funding – Administration
account ($200,000). Funds would be used to support new and existing programs
that connect individuals and families experiencing homelessness to appropriate
services and resources.
Reference: Comm. 47
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-9
Page 38
Hawai‘i County Council-4 January 25, 2023
Vote on Bill 11: Ms. Lee Loy moved to pass Bill 11 on first reading and
(Approved) adopt Finance Committee Report No. 9. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: At this time, I’d like to invite the members of our Parks and
Rec. Department, who I believe are available in Hilo. We will go to the top of the
list for the bills for first reading with Bill 239, please.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Bill 239: AMENDS CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND
(2020-2022) DIVISION 2, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE OPERATION OF PARKS AND
RECREATIONAL AREAS
Sets hours of operation for all parks, beach parks, cemeteries, and recreation
facilities, and amends provisions for prohibited activities in park areas.
Reference: Comm. 1085
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-1
(Note: Comm. 1085.1, from Parks and Recreation Director Maurice Messina
dated January 23, 2023, transmitting proposed amendments to Bill 239, was
circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 239 on first reading and adopt
Policy Committee on Health, Safety, and Well-Being
Report No. 1. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: Thank you. I believe we have our Parks and Rec. folks in Hilo
chambers.
Page 39
Hawai‘i County Council-4 January 25, 2023
(Note: At this time, Parks and Recreation Director Maurice Messina came
forward to address the members of the Council.)
MR. INABA: Good morning, Director Messina. Would you like us to proceed
with the amendment?
MR. MESSINA: Good morning. Parks and Rec. Director Maurice Messina.
Yes.
Motion to Amend: Mr. Inaba moved to amend Bill 239 with the contents of
Comm. 1085.1. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: Thank you. Director Messina, I know your office prepared this
amendment, so if you’d like to kind of give the Council an update as to what’s
being changed.
rd
MR. MESSINA: Thanks, Chair. Yeah, so, in the memo that we sent January 23
to the Council, some of the things that were brought up is if we could define
camping units and recreational vehicles. So that’s what we did in this
amendment. So we defined camping unit as any prefabricated or custom-built
mobile unit that is pulled or transported by any other means intended for human
habitation or occupancy of any duration, but not limited to travel trailers, camper
trailers, fifth-wheel trailers, pop-up trailers, or similar. We tried to basically just
catch everything that we could on that. And then for recreational vehicle, it’s
basically the same thing except for that it is a self-propelled unit.
There were also discussions about Whittington Beach Park in Honu‘apo, and it
appeared that we inadvertently left some parts of that off. So, after more
discussion with my folks, it actually turns out that it was correct. At Whittington
Beach Park, we have two tax map keys that we operate under. Whittington Beach
Park basically comes down from the top of the road down to the beach park
parking lot area, which is where we said that camper vehicles can park. And
Honu‘apo is actually the area that was given over to us from the State. It’s really
the pond area and beach area. So that was correct.
We are also identifying and defining park areas, and we did that as a park area
means all county-owned or controlled areas administered by the Department of
Parks and Recreation. That was also something that needed to be cleared up for
years. And then the last update we had—I’m sorry; so that was it for Bill 239.
MR. INABA: Thank you, Director Messina. I have one question for
Section 15-28, Subsection (5). I know there was discussion about including the
words “for the purpose of sale” so that people who want to collect shells or a little
sand to take home can do so. But I see here, in the amendment, we removed the
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Hawai‘i County Council-4 January 25, 2023
words seashells, corals, and cobbles. But then if we remove it here, I don’t know
that there’s a ban on removing those items for the purpose of sale anywhere else
in this section, because we removed it from 15-28, No. 3, in the original bill.
MR. MESSINA: We went back to what was originally written before we started
this process. And we just basically took out “for the purpose of sale.” The
collecting of small quantities of pebbles or rock by hand for personal use is
permitted. We feel that this will actually do everything that we want. And it
won’t cause any enforcement issues or actually hurt those people who are picking
up just a little bit of pebbles and rocks, as was discussed at Council.
MR. INABA: Okay. I just want to make sure because it seemed like before we
had a ban on collecting seashells in Subsection (3). And we’re not doing that
anymore even for commercial purposes, if I’m reading this correctly (inaudible).
MR. MESSINA: Correct. We feel that this going back to the original language
and just amending the original language was the best way to do it. Because, we
feel that that really is our biggest issue, the pebbles and the rocks that are getting
removed.
MR. INABA: Okay. Got it. Are there any—Corporation Counsel, besides
what’s in this bill, is it State law that we don’t remove coral or shells for the
purpose of—used for commercial purposes?
(Note: At this time, Assistant Corporation Counsel J Yoshimoto came
forward to address the members of the Council.)
MR. YOSHIMOTO: Good morning, Vice Chair Inaba. J Yoshimoto, Assistant
Corporation Counsel. Yes, I believe there is similar State law regulating the
removal of natural products from the beaches. For our purposes, we just need to
make sure that our Code is consistent with that, and I believe it is.
MR. INABA: Okay. Thank you so much, Mr. Yoshimoto. Thank you,
Director Messina. I’ll be supporting the amendment.
CHR. KIMBALL: Thank you, Council Member Inaba. Any further discussion?
Council Member Galimba.
MS. GALIMBA: I just have probably a very small question. I just wanted to
know if there’s a reason—so it’s Section 15-28. The title, “Prohibited activities in
parks areas” versus below it says, “all park areas.” It’s very tiny but I just
wondered if there’s a reason that you call it parks in the title and then park
generally, that’s all.
MR. MESSINA: Not really. I mean, it could be maybe the “s” could be taken
away.
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Hawai‘i County Council-4 January 25, 2023
MS. GALIMBA: Make an amendment?
MR. MESSINA: Yeah, more of like a typo. We could take that “s” away.
MS. GALIMBA: It doesn’t really require—
CHR. KIMBALL: Yeah, Council Member Galimba, I think we can maybe just
address that in the final reading. I don’t think we need to address it right now.
Any additional discussion? All right, seeing none, I did have one quick comment,
just to affirm kind of in relation to what Council Member Inaba was referring to.
Under (3), I’m presuming that “marine deposits of natural origin” would in fact
include seashells and coral and things like that, and that’s where that language is
covered.
MR. MESSINA: Between that and like Mr. Yoshimoto stated, what we do have
available in State law right now, we just didn’t see the need to double down on
the language, yes.
CHR. KIMBALL: Great. Thank you. All right, all those in favor of amending
Bill 239 with the contents of Communication 1085.1, please say “aye.”
Vote on Motion to The motion to amend Bill 239 with the contents of
Amend: Comm. 1085.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Vote on Bill 239: The motion to pass Bill 239, as amended to Draft 2, on first
(Draft 2) reading and adopt Policy Committee on Health, Safety, and
(Approved) Well-Being Report No. 1 was carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: Bill 239, as amended, is adopted at first reading.
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Hawai‘i County Council-4 January 25, 2023
Bill 240: AMENDS CHAPTER 15, ARTICLE 2, DIVISION 1, SECTION 15-26, OF THE
(2020-2022) HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING
TO USE OF VEHICLES AND PARKING RESTRICTIONS AT COUNTY
PARKS AND RECREATIONAL FACILITIES
Clarifies and adds provisions for the parking of vehicles at County parks and
recreational facilities.
Reference: Comm. 1086
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-2
Motion to Approve: Mr. Inaba moved to pass Bill 240 on first reading and adopt
Policy Committee on Health, Safety, and Well-Being
Report No. 2. Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: Thank you. I don’t believe we have any amendments to this bill.
On behalf of the department and the work they have done, I ask for our Council’s
support. Mahalo.
CHR. KIMBALL: Thank you. Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Just for public consumption, there was a
concern down at our beach parks, specifically Keaukaha area, while a lot of the
tour buses would stop and idle while tourists would get out and look around. And
I just wanted to highlight for our community this bill particularly addresses that,
that there will be no idling of these tour buses while they wait. So that addresses
that. But just for our Clerk, and this is more of a de minimis concern, Bill 240,
the lettering is inaccurate. It goes from a, b, c, d, e, back to d, and if we could
correct that on second reading. I think we have a really good bill for our
community. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Mr. Clerk, is that an
amendment we could just make on the floor?
MR. HENRICKS: No, that’s clearly incorrect. Assuming this passes and
becomes an ordinance, when we incorporate it into the Code, we can make that
correction without having to produce a secondary draft. We’d be able to do that
also for the apparently—
CHR. KIMBALL: The previous one, yeah.
MR. HENRICKS: That Ms. Galimba brought up as well. To reduce some
paperwork, we’ll recall that, and the Code gives us that authority to make these
clearly technical corrections. Thank you, Ms. Lee Loy.
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Hawai‘i County Council-4 January 25, 2023
CHR. KIMBALL: Great. Okay. Thank you, Mr. Clerk. Any other discussion?
All those in favor of approving Bill 240 at first reading, please say “aye.”
Vote on Bill 240: The motion to pass Bill 240 on first reading and adopt
(Approved) Policy Committee on Health, Safety, and Well-Being
Report No. 2 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: Bill 240 passes at first reading.
Bill 241: AMENDS CHAPTER 15, ARTICLE 4, SECTION 15-39, OF THE HAWAIʻI
(2020-2022) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
CAMPING AND TRAILER AREAS
Clarifies provisions for the parking of recreational vehicles and camper units at
County beach parks.
Reference: Comm. 1087
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-3
Motion to Approve: Mr. Inaba moved to pass Bill 241 on first reading and adopt
Policy Committee on Health, Safety, and Well-Being
Report No. 3. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: Again, very straightforward regarding our camping and trailer
areas. Director Messina, anything to add?
(Note: At this time, Parks and Recreation Director Maurice Messina came
forward to address the members of the Council.)
MR. MESSINA: No. Thank you for the support.
MR. INABA: Thank you. Mahalo, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Inaba. Any additional
discussion? Seeing none, all those in favor of approving Bill 241 at first reading,
please say “aye.”
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Hawai‘i County Council-4 January 25, 2023
Vote on Bill 241: The motion to pass Bill 241 on first reading and adopt
(Approved) Policy Committee on Health, Safety, and Well-Being
Report No. 3 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: Bill 241 is approved at first reading.
Bill 242: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAIʻI
(2020-2022) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
PARKS AND RECREATIONAL FACILITY SCHEDULE
Adds and removes parks and cemeteries, consolidates certain parks under a single
park, adds geographical categories of park locations, and adds tax map key parcel
identifiers.
Reference: Comm. 1088
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-4
(Note: Comm. 1088.1, from Parks and Recreation Director Maurice Messina
dated January 23, 2023, transmitting proposed amendments to Bill 242, was
circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 242 on first reading and adopt
Policy Committee on Health, Safety, and Well-Being
Report No. 4. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Inaba.
Motion to Amend: Mr. Inaba moved to amend Bill 242 with the contents of
Comm. 1088.1. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: Thank you. This was an issue pointed out I believe by Council
Member Kierkiewicz to correct the name from the William “Billy” Kenoi Park to
the William “Billy” Kenoi District Park per our renaming just a little while ago.
So I ask for my colleagues’ support on this correction. Mahalo.
CHR. KIMBALL: Thank you, Council Member Inaba. Any additional
discussion on the amendment?
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Hawai‘i County Council-4 January 25, 2023
MS. KIERKIEWICZ: Chair?
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Just wanted to issue a quick mahalo to the
department and Corp. (Corporation) Counsel for getting that fixed so that we
could have the Billy Kenoi District Park accurately renamed in the facility
schedule in this chapter. And just mahalo nui for all of your hard work on all
these Code amendments. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any additional
discussion on the amendment? Seeing none, all those in favor of amending
Bill 242 with the contents of Communication 1088.8 \[sic\], please say “aye.”
Vote on Motion to The motion to amend Bill 242 with the contents of
Amend: Comm. 1088.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Vote on Bill 242: The motion to pass Bill 242, as amended to Draft 2, on first
(Draft 2) reading and adopt Policy Committee on Health, Safety, and
(Approved) Well-Being Report No. 4 was carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
CHR. KIMBALL: Bill 242, as amended, is approved at first reading. I want to
thank the Director of Parks and Rec. and Deputy Corp. Counsel for their help
today. Thank you.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
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Hawai`i County Council-4 January 25,2023
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 10:24 a.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball— 8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: It is 10:24. We are adjourned. Mahalo.
Council Approval: FEB 2 2 2023
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