HomeMy WebLinkAboutMIN FC 2023/02/21 (2022-2024)Committee on Finance
4th Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
February 21, 2023
CALL TO The regular meeting of the Committee on Finance was called to order at
ORDER: 11:04 a.m., in the Council Chambers, Kailua-Kona, by Ms. Cindy Evans,
Acting Chair.
ROLL CALL:
Present: Ms.
Cindy Evans, Vice Chair
Ms.
Michelle M. Galimba, Member
Mr.
Holeka Goro Inaba, Member
Ms.
Jenn Kagiwada, Member
Ms.
Ashley L. Kierkiewicz, Member (via videoconference from Hilo)
Ms.
Susan L. K. Lee Loy, Member
Ms.
Rebecca Villegas, Member
Absent & Excused: Mr.
Matt Kaneali`i- Kleinfelder, Chair
Ms.
Heather L. Kimball, Member
STATEMENTS The Chair directed the Committee to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: (There were none.)
COMMUNI- The Chair directed the Committee to proceed to the next order of business,
CATIONS: Communications.
Comm. 12.4: REPORT OF FUND TRANSFERS AUTHORIZED: JANUARY 1 — 15, 2023
From Controller Kay Oshiro, dated January 26, 2023.
Vote on Comm. 12.4: Ms. Lee Loy moved to close file on Comm. 12.4.
Filed Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
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February 21, 2023
Comm. 95: SECOND QUARTER REALLOCATION REPORT:
OCTOBER 1 — DECEMBER 31, 2022
From Human Resources Director Waylen L. K. Leopoldino, dated
January 20, 2023.
Vote on Comm. 95: Ms. Lee Loy moved to close file on Comm. 95.
Filed Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
Comm. 101: ANNUAL REVENUE REPORT: JULY 1, 2021 —JUNE 30, 2022
From Finance Director Deanna Sako, dated January 31, 2023, transmitting the
above report pursuant to Hawaii County Code Section 2-12.6.
Motion to Close File: Ms. Lee Loy moved to close file on Comm. 101.
Seconded by Ms. Galimba.
ACTING CHR. EVANS: Any discussion?
MS. KIERKIEWICZ: Chair Evans?
ACTING CHR. EVANS: Member Kierkiewicz, yes, please.
MS. KIERKIEWICZ: Thank you, Chair. We have Finance Director Sako here in
Hilo Chambers. Director, I have a quick question for you. Thank you so much to
you and your team for pulling this report together. It's very, very thorough and
extensive. Very interesting to see how all the different funds come in to support
County functions and services.
One of the things, I was wondering if it's not too difficult for you and your staff to
do going forward, I'm just taking a look at the different kinds of charges and fees
and then there's a total dollar amount at the bottom, are we, say for instance, and
I'm just flipping it open randomly: camping fees, adult, junior child non-resident,
would it be easy enough for your staff to help us identify how many adults are
being pulled, how many non-resident permits, just so that we know how this
particular $269,000 number is being calculated?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Committee.)
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February 21, 2023
MS. SAKO: We can look into it, but no promises.
MS. KIERKIEWICZ: Okay.
MS. SAKO: Just because the revenue categories are why the bolder totals.
MS. KIERKIEWICZ: Got it.
MS. SAKO: So that's the way we accumulate the information in the general
ledger.
MS. KIERKIEWICZ: Okay.
MS. SAKO: But that's not to say that Parks might not have more specific
information from the permitting system, to pull like camping information, or like
from the Building Permit system, to pull the more individual types of permits.
MS. KIERKIEWICZ: Okay. I'm also seeing there is a lot here for Parks and
Recreation. They're for facility -use permits.
MS. SAKO: Yeah.
MS. KIERKIEWICZ: Just because a charge is listed here, doesn't necessarily
mean that someone went out and secured a permit for that facility, correct?
MS. SAKO: That would be correct, yes.
MS. KIERKIEWICZ: Okay. How long does it take for your staff to pull this
report together?
MS. SAKO: All of the departments help, and they provide any updates and
changes. But it takes a good amount of time, yes.
MS. KIERKIEWICZ: Yeah, and this is a really useful tool. I think, one, it's very
helpful.
MS. SAKO: It is. It's very helpful, yeah.
MS. KIERKIEWICZ: Okay. Great, that's all I had. I extend my gratitude to you
and your team and all the departments for pulling all this information together.
MS. SAKO: Definitely, thank you.
MS. KIERKIEWICZ: Thank you, Chair.
ACTING CHR. EVANS: Okay, thank you. Member Galimba.
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February 21, 2023
MS. GALIMBA: I also want to thank everyone who worked on this. It's a great
document to look at. I was just wanting to ask about the different—there are
different facility use permit categories; so for instance, facility use permits, EAD
(Elderly Activities Division) versusoh, there's another, you know, facility use
permit, so it goes on and on. I was just wondering if you could tell me a little bit
about those different types of facility use permits, and why they're sort of broken
out separately.
MS. SAKO: So if I'm looking at the right one, I think we're talking about
010.3407.20. Parks and Recreation, for all of our facilities, we do have a fee
basically that you have to pay, and that's per their Director of Parks and
Recreation Rule No. 6, and so we do get kind of specific as to how much it is just
to be fair to everyone, and so that everyone does kind of know how much it is,
maybe to use the rodeo arena or to use the drag strip.
So, there are different categories, whether it's a school or a nonprofit, and
different ways. All of these are available so everyone knows that the fee is and
we're being fair and equitable to all.
MS. GALIMBA: So just out of curiosity, there's one the first facility use
permit, Account No. 010.3407.20, is a negative. Would that just be—like how
would that happen?
MS. SAKO: I'm trying to see where you are looking at. Oh sorry, I see where
you're looking at. Most likely, we had to refund someone. So it probably
happened they may have put a deposit down or paid the amount, and then
weren't able to use it and we had to refund. It's kind of unusual for the net
amount to be negative though, for the whole year.
MS. GALIMBA: Okay.
MS. SAKO: But I can, yeah, I can ask P&R (Parks and Recreation) or our staff
why it's negative.
MS. GALIMBA: Okay, thank you. I yield.
ACTING CHR. EVANS: Okay, thank you. Member Lee Loy?
MS. LEE LOY: Thank you, Chair. Deanna, thanks for being here, and like the
rest of my colleagues, really echoing the gratitude for this wonderful information.
One thing that you provided, which I think is incredibly helpful for us as a
policymaking body, is in addition to the annual revenue and how they're charged,
you actually gave us the date of the most recent adjustments.
MS. SAKO: Right.
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February 21, 2023
MS. LEE LOY: Some of those are 30 years old and have not been adjusted. As
the departments, and I'm looking specifically at the Parks department because
that's where a lot of some of the revenues come from, have they looked at some
of those rules that are 30 years old? We know that we collect fees for them, and
over time I don't know if we're even collecting enough money as far as the
facility charge, as it relates to the cost of operating those facilities.
MS. SAKO: I do know P&R is one of the ones that does look at their revenues
annually. However, kind of related to their earlier question, like how many in
each category, some of these categories may be very—hardly ever used, so then
they may not have felt the need to update it. But, I can ask them. I know they do
actually do an annual review of all their revenues.
MS. LEE LOY: Yeah, that would be really interesting, to see if our policies are
actually in alignment with the cost of actually operating those facilities. I cannot
help but take note of our building permit fees. We collect them, and we just
adjusted them just a few years ago; and back to the same question, as far as, are
we collecting enough to pay for the time that it takes for our employees to either
clean these facilities, evaluate the process, and/or issues these permits? Deanna,
thank you, thank you, thank you, this is incredibly helpful. Chair, I yield.
ACTING CHR. EVANS: Thank you. Members, any other discussion? Yes,
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. This is very minor. Just a request, next
time can you put page numbers on here so that we know where—
MS. SAKO: Yeah, I was thinking the same thing when you guys were asking
questions. Yes.
MS. KAGIWADA: Thank you, and thank you to everybody who added to this
report. We really appreciate it.
MS. SAKO: Thanks.
ACTING CHR. EVANS: No other discussion? I have a question. Director,
when I'm looking at the breakdown, with the description and what the charge is, it
really doesn't—at the very beginning, it gives you a sum total, but it doesn't give
you like a total number. So when I'm looking at the electrical permits, for
example, there's a nice breakdown of all the different permits for all the different
items, but it doesn't say how many actual permits were issued. It just gives you a
total dollar amount. Is it that hard to add another column?
MS. SAKO: We can see if the information is available. Like the number of
permits, I believe they do provide it monthly on R&D's (Research and
Development) website, so we should be able to include something like that;
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February 21, 2023
maybe even camping permits, if they break it up that way. We'll work with the
departments to see if we can get more detail, but if they're not tracking it, it would
be difficult and we would have to start in a new fiscal year.
ACTING CHR. EVANS: Got it. But they're giving us totals of what they spend
per category?
MS. SAKO: What they collect per category, yes.
ACTING CHR. EVANS: Right. Okay, all right. Thank you very much. Okay,
with that, we have a motion on the floor, and in
MS. KIERKIEWICZ: Chair Evans?
ACTING CHR. EVANS: Yes?
MS. KIERKIEWICZ: Sorry, I have one more question for Director.
ACTING CHR. EVANS: Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Director, last page, Golf Course
multipurpose room, there's no revenue there. Is that something that the County is
no longer renting out, or is that something that's part of the new food vendor's
contract?
MS. SAKO: It's part of the new food vendor's contract, so the concessionaire
manages that room and controls it. I don't think we're the ones taking the
reservations, or maybe it's just the food piece of it. This is
MS. KIERKIEWICZ: So the renting of the facility goes through that particular
vendor?
MS. SAKO: Yeah, I'll have to double-check on that. Now that I'm saying that, I
know the food has to go through that vendor, so I'll double-check who is actually
managing the room.
MS. KIERKIEWICZ: Okay, great. Thanks for that. Thank you, Chair. I yield.
ACTING CHR. EVANS: Okay, thank you. No more discussion? Okay.
Members, we have motion on the floor, all in favor?
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Vote on Comm. 101
Filed
ORDER OF
RESOLUTIONS:
February 21, 2023
The motion to close file on Comm. 101 was carried by
the following voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
The Chair directed the Committee to proceed to the next order of business,
Order of Resolutions.
Res. 58-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF TRANSPORTATION
Allows for the receipt of $1,765,000, which would be used to
purchase battery electric buses.
Reference: Comm. 105
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Vote on Res. 58-23: Ms. Lee Loy moved to recommend adoption of
(Approved) Res. 58-23. Seconded by Ms. Kagiwada and carried
by the following voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
Bill 23: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-71, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
REAL PROPERTY TAX EXEMPTIONS
Amends subsection (d) by adding a requirement that the property owner has had
a home exemption in at least five out of the ten years preceding the taxpayer's
claim in order to be entitled to the exemption for taxpayers 60 years of age or
over to be applied on applications received on or after January 1, 2025.
Reference: Comm. 96
Intr. by: Ms. Lee Loy
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February 21, 2023
Motion to Close File: Ms. Lee Loy moved to recommend passage of
Bill 23 on first reading. Seconded by Ms. Galimba.
ACTING CHR. EVANS: Members, any discussion?
MS. LEE LOY: Chair, if I may?
ACTING CHR. EVANS: Yes, Member Lee Loy.
MS. LEE LOY: Thank you, Ms. Evans. Just to broaden out this discussion, last
term we saw property values go all over the place. We saw a lot of comments
about those property values, and I had advanced a piece of legislation to cap it;
that failed. However, I learned a lot about real property tax and the different
levers that we as policymaking officials have as it relates to real property tax.
In addition to that, over the course of the last term, we heard a lot from our
constituency about local housing, and how do we keep properties from being
bought up, sold, and flipped. One area that I became keenly aware of, which was
up for discussion during our last term, and even prodded on by our colleague,
Council Member Chung, is about this cap, an exemption that we provide, which
actually provides tax shelters for investment of these properties.
You know, I have Deanna here, because we're still going to have to work on this
a little bit more. But the goal was when people—when properties were being
bought and sold, you wouldn't be able to get the tax exemption as soon as you
came in. You have to somehow contribute to this fund, and so this "circuit
breaker" I'd like to call it, which would be, "Hey, you guys got to be paying for
five years before you can take these tax shelters." This is just one step.
I know Deanna and I had a conversation earlier, she's going to share some of
maybe the unintended or unexplored things that would come up if we tried to
make this particular bill applicable as it stands. Looking for feedback from the
rest of my colleagues. And then at some point, we'll be asking to postpone this
for about a month so we can continue to work with the Real Property Tax
Division on how they would actually kind of apply this.
The other thing I do want to share, within our communications, we did get a letter
from Grassroot Institute, about how this affects those who have exemptions after
60 years of age (see Comm. 96. 1), and so really going to lean back in on them on
maybe how we could create pathways so that we are taking care of people who
have housing, who may be on a fixed income; or that particular house, is a family
home that they want to pass on to their family members, and how we transition in
that form.
Really, this was set out to basically ensure if you were going to buy property
here you weren't going to be able to flip it as quickly. I think one of my
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February 21, 2023
colleagues, Ms. Villegas, always talks about prospecting, and so this was kind of
that short-circuiting way of trying to keep all of our housing available for our
local families. I'll leave it to Deanna to further explain her concerns on some of
the words on this paper.
I do want to highlight that this would take effect in 2025. Keep in mind, you
know, willing to move that date out so that Finance Department would have more
time, but we have to do it within a particular real property tax cycle so that
Finance Department can understand how much money we are collecting in real
property tax, which then sets our budget, in addition to making sure we have all
the right properties in the right categories. Ms. Sako?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Committee.)
MS. SAKO: Good morning. So we did take a look at the bill and we have
several concerns with it, one is that sometimes people aren't fortunate enough
to be able to buy their first home in Hawaii prior to the age of 60, even though
they may have been lifelong residents, and this would disqualify them from the
age exemption until they have at least been homeowners for at least five years.
If a home is passed down, family member to family member, we have several
multi -generational homes. If the homeowner exemption is in the, let's say your
grandparents' name, and then gets passed down to your parents and you're all
living in the same home, if this was the first home they've owned, then they again
wouldn't get the age -exemption until they've been in it at least five years.
Manually tracking, the five out of the last ten years, and ensuring that we have the
right person. We do collect the last four digits of the social, but not the entire
social security number, so trying to ensure we're matching up the right people.
But also, we have a concern about husband and wife, you know, what if one of
them had it for three years and one for seven, does that count, or three out of the
ten? You know, how would that work if there are joint properties and things like
that? We also had Corporation Counsel look at it, and we do have some concerns
over the constitutionality of it, and I'm hoping Keyra (Wong) is either in the Kona
Chambers or online.
MS. LEE LOY: Thank you, Ms. Sako. Deputy Corporation, please? You know,
I had floated this to Corporation Counsel to ask this specific question because we
hear it all the time from our local families, just, "How about if we just don't sell,"
right, "to outside investors," and we know that's not possible. But this was my
way of trying to keep the ability of a taxed shelter close to home. Go ahead,
Deputy Corporation Counsel.
(Note: At this time, Deputy Corporation Counsel Keyra Wong came
forward to address the members of the Committee.)
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February 21, 2023
MS. WONG: Thank you. Keyra Wong, Deputy Corporation Counsel, thank you
for the opportunity to allow my office to review and comment, and I'm sorry that
it was so last minute.
So generally speaking, the County can introduce laws that give our residents a
benefit; but where there's a disparity between our residents and a nonresident,
that's where our concern steps in. So if the concern is that we want to ensure that
people are committed to staying here and contributing to our community, I think
we can do what you want by looking at the definition of what it means to own and
occupy your real property here as a principle residents, because a part of the
definition already requires that you have the intention to be here, right? Your
intention is to remain here even if you go away. Your intention is that this is your
principal residence; it's not here for a vacation or a temporary purpose. Right
now, I think it's 19-72(E) (Hawai`i County Code, Chapter), if you look at the
definition, it does require a prospective taxpayer to submit documentation of at
least 12 months, what you call a State of Hawaii Tax Return.
So one of the ways that we might be able to look at this is simply by requiring,
perhaps it's a longer period of time that people have to file tax returns, and that
way the application is distributed equally among people who have lived here and
people who are moving here, and so they're aware also, this is what's expected if
you come in and apply for homeowners exemption.
I think the five out of ten years part is a little bit concerning, actually, it is
concerning because it puts them in a separate pot that's different from the
taxpayer who was living here prior to the effective date. I know that date can
change, but it's a fixed date in a sense, where you had to have been here before
2015 if we go by the 2025 date, and have lived and occupied your real property as
your principal residence.
I've looked at some case law in other jurisdictions and it can vary, but the point of
what I'm trying to say is that your law has rationally related to some valid
governmental purpose, and that can't just be, "We want to take care of our people
here." There has to be a relationship between what the law is trying to impose
and how we're treating people in similarly situated groups of people differently.
But I think there are ways to look at the language overall in Chapter 19, it's a big
chapter. I think we can look at the definition, probably of what it means to own
and occupy your own property here as a principal residence because you cannot
have another home exemption anywhere else. You have to show your tax returns
or you're registered to vote here.
So if the interest is that we want to keep people here, who you know, as they get
older and they're elderly, we want to be able to keep them in their homes, then
this is a distinction—an amendment that we can make to the definition that would
allow that to happen, but also for the people who are going to be applying for
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February 21, 2023
homeowners exemption, to meet that same criterion. Those are just some of our
concerns. I can answer any questions anyone has, thank you.
MS. LEE LOY: Thank you so much. I welcome my colleagues' input,
questioning the director and Deputy Corporation Counsel. I think we're all trying
to find pathways. Real property tax, it's a lot. So thank you, Chair. I yield.
ACTING CHR. EVANS: Thank you. Member Kagiwada.
MS. KAGIWADA: Thank you, Chair; and thank you, Council Member Lee Loy,
I really appreciate the intent behind this. Hopefully, working with Finance and
Corp. Counsel we can figure something out that fulfills some of the intent behind
this.
A couple of questions. One, does the current law state that the exemption runs
with the person and not with the land, or is that something new?
MS. SAKO: That's new.
MS. KAGIWADA: So currently an exemption would run with the land?
MS. SAKO: With the property, yes.
MS. KAGIWADA: Oh, really? Okay, I was not aware of that. Okay, thank you.
I think that's great. Corporation Counsel, is there any problem with that
particular part of the bill?
MS. WONG: I think that if—one of the purposes is to make clear the intent of
how a homeowner exemption is supposed to run with the property, versus with
the person, so I think it's okay. But again, I think we can look overall, at Chapter
19; if there are other amendments, we want to make sure that everything, with
respect to what we're changing, is aligned with the purpose. I mean, there are
other things in Chapter 19 that could probably be polished, but I don't think that's
a concern right now.
MS. KAGIWADA: Okay, thank you. Another question is, you mentioned
19-71(E), and that the 12 -month tax return at this point could possibly be looked
at. Do we have any idea from other places, or what the range might be? I mean,
is five years too much? You know, is two or three years? What are we thinking?
MS. WONG: Yeah, sure. Thank you for the question. I think County of Maui
does—and I looked at the ordinance, it doesn't say 24 months of State tax return
documentation, but I think the way the dates are aligned, and when someone
comes in for a homeowner exemption, they need to have shown at least years of
property tax return documentation.
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February 21, 2023
In other states I've looked at, one case that comes to mind is a law that was in
place. I don't remember the state right now, and I can get back to you on that, but
it required veterans to have at least three years of residency prior to getting the
veteran exemption, under that state's tax law. The court in that case said it was
okay because it wanted to encourage veterans to move and to stay and to be
secured in their principal home, but the court did question the efficacy between
the three-year requirement and the benefit that they would receive, which is
$3,000, I think, in an annual exemption amount for veterans. So that's an issue
that we would have to address, is why the five out of the ten years, if we're
looking to ensure that there's a rational relationship between that. So, it varies.
MS. KAGIWADA: Okay. Okay, thank you so much. Thank you, Chair.
ACTING CHR. EVANS: Thank you. So, I can't see you, Member Kierkiewicz,
do you have a question? No? Okay. Okay, Member Lee Loy.
MS. LEE LOY: Yeah, thank you. Ms. Kagiwada sparked why some of this work
was put in. Deanna, could you currently describe the process? If I have a home
with the homeowners exemption—or maybe even Deputy Corporation Counsel
as the law is currently written, and I sold the home in March to an off -shore
owner, would they be eligible for the balance of that calendar year or real
property tax cycle to keep the exemption until it was later determined that
MS. SAKO: Did you say an offshore corporation?
MS. LEE LOY: Just out-of-state.
MS. SAKO: Out-of-state?
MS. LEE LOY: Yeah.
MS. SAKO: So they may get it for the first part of it, but it also depends on what
their intended use is because we change it if they're not I guess if it's an
investment property, it's their second residence, it's whatever it is, you only get
one homeowners exemption. So it depends kind of what they're coming in and
doing, but most of the time that would get removed. There are few situations
where it is possible they may continue the exemption for the last three months of
that fiscal year.
In general, when someone buys a property, they are handed the homeowner
exemption form, so if they feel they meet the criteria, which is you must be a
resident or living in the home for, I think, it's 201 days or more a year, your intent
is to make Hawaii your home and you're not just this is not just one of multiple
places that, you know, you are bouncing between.
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February 21, 2023
MS. LEE LOY: Thanks, Deanna. Thank you. I mean, everything is always
very unique. Time to get everybody in the lane. Thank you, Ms. Evans.
ACTING CHR. EVANS: Thank you. Members, any other questions?
MS. KAGIWADA: Sorry, one more question, Chair?
ACTING CHR. EVANS: Yeah. Go ahead, Member Kagiwada.
MS. KAGIWADA: Thank you. If you end up not going with the way it's
written, but changing it to maybe be based on tax returns, is there anything
would you be considering doing it for the regular home exemption, not the one
yeah, 65 and older but the regular home exemption, too?
MS. LEE LOY: Right now, I think it's how do you eat the elephant, right? You
have to take one bite at a time. This conversation, with Deputy Corporation
Counsel, and with Deanna, right now is really exploring all of that. As I
mentioned, I wanted to have this conversation kind of open and transparent so that
my colleagues knew where we were trying to get; but also, as Deputy Corporation
Counsel mentioned, there might be larger areas that we have to polish off within
Chapter 19, and so it is my intention to take all of this feedback, postpone this
bill, and continue to work with Real Property Tax and Corporation Counsel.
Really ensuring the legality of this adjustment, if this body so chooses at some
point, as it gets advanced.
ACTING CHR. EVANS: Thank you, Member Galimba. I do have a question for
Corporation Counsel in regards to your you talked about legislation needing to
relate to a valid governmental purpose, something along those lines, right? I was
wondering if a provision of affordable housing for residents, would that qualify as
a valid governmental purpose?
MS. WONG: Sure, I think that these conversations we are having right now will
be in the record as part of your deliberation, decision-making, about this bill, so
whatever interest that this body feels would be rationally related to what the bill
does, and that's the part of what this group is intending and deciding. But to
and I'm not saying that this is what Council Member Lee Loy is saying, but one
of the cases that I read was that one of the states simply just wanted to say, "We
want to treat our residents better than other residents," and the court in that
situation said, "No, that's not sufficient," which I think everybody understands
here, as well. But for purposes of illustration, whatever you're considering as a
part of your interest in achieving this goal, then that is a part of your record and
how you're deciding to move this bill forward.
ACTING CHR. EVANS: Gotcha. Thank you. Members, any other questions?
If not, I do. I have one question. The comment, first, is I really like the intent of
this, and I hope we can advance this. I know we already give home exemptions.
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FC -4 February 21, 2023
I'd like to think we could have more criteria to what we do to provide that. The
thing that concerns me was at least five out of the last ten years, because I would
see that as being on paperwork nightmare to try to figure out, five out of a ten.
You know, having said that, I really hope we can move forward on this. Thank
you for your work and the conversation, and thank you for this. I think that,
again, I just want to say that we already give home exemptions to people, and just
adding additional criteria I think should be okay, but that's just my take. So I
appreciate your work on it. Do you want to have a motion to postpone?
MS. LEE LOY: Absolutely. Again, thank everyone for being here today. It's
actually their tax collection day today, which is why Lisa (Miura) and some of
those from Real Property Tax are not available.
Vote on Motion Ms. Lee Loy moved to postpone Bill 23 to
to Postpone: April 4, 2023. Seconded by Ms. Galimba and
(Approved) carried by the following voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
ACTING CHR. EVANS: Thank you. So, read in Bill 25.
Bill 25: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State Grants — Volkswagen Settlement — Hawai`i
Zero Emission Bus account ($1,765,000); and appropriates the same to the
Volkswagen Settlement — Hawai`i Zero Emission Bus account for the purchase
of battery electric buses.
Reference: Comm. 105
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 25
on first reading. Seconded by Ms. Galimba.
ACTING CHR. EVANS: Any discussion?
MS. LEE LOY: Chair, I believe this is the companion bill to Resolution 58-23.
ACTING CHR. EVANS: Okay, thank you. So any other discussion? If not, all
in favor?
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FC -4 February 21, 2023
Vote on Bill 25: The motion to recommend passage of Bill 25 on
(Approved) first reading was carried by the following voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
Bill 26: 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 State Grants — Kua Bay account ($100,000) and the
West Hawaii Ocean Safety account ($76,402) account; and appropriates the
same to the Kua Bay — State Equipment account ($100,000), bringing the total
appropriation to $580,000; and the Hapuna Beach — State Equipment account
($76,402), bringing the total appropriation to $995,505.
Reference: Comm. 106
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Motion to Approve: Ms. Lee Loy moved to recommend passage of
Bill 26 on first reading. Seconded by Ms. Galimba.
ACTING CHR. EVANS: Any discussion?
MS. KIERKIEWICZ: Chair Evans?
ACTING CHR. EVANS: Yes, Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. We have Deputy Corporation Counsel Cody
Frenz on Zoom, and we also have Fire too here. Maybe if you could come
forward, Chief, and just provide us an overview of what this funding is going to
be supporting. Thank you.
(Note: At this time, Deputy Fire Chief Eric Moller and Accountant
Nikol Lonokapu came forward to address the members of the Committee.)
MR. MOLLER: Good morning everybody, and thank you for the opportunity. I
also have Nikol here, who is our financial, in case there are any specific questions
as to where the money is going to be going.
For many years now, we've not been having any funding sources for the purchase
of equipment at these beaches. Chief Todd had an opportunity this year to talk
with the State, and actually secured these funds to actually purchase long-term
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FC -4 February 21, 2023
equipment that's been kind of going away. This is at Kua Bay and at Hapuna
Beach, for that equipment.
MS. KIERKIEWICZ: Chief, what kind of equipment?
MR. MOLLER: It's for the rescue equipment. It includes things like the
surfboards, the actual rings, and other associated equipment for the towers, and
maintaining those beaches so we can respond.
MS. KIERKIEWICZ: Okay, perfect. And just for minutes purposes, could you
just state your name for the record, thank you.
MR. MOLLER: Sure. Sorry, Eric Moller, Deputy Fire Chief.
MS. KIERKIEWICZ: Thank you, Chief. Nikol, did you want to add anything?
MS. LONOKAPU: No, he covered it.
MS. KIERKIEWICZ: Okay, great. Just mahalo nui to Chief Todd, I know that
he was in here a bit earlier, for working hard to secure those funds. I know that
equipment is so sorely needed at those two particular beaches, which are very,
very popular on our island. Thanks again for being here and for your patience.
Chair, I yield.
ACTING CHR. EVANS: Thank you. Members, any other comments? Okay,
thank you. Motion for a favorable recommendation, all in favor?
Vote on Bill 26: The motion to recommend passage of Bill 26
(Approved) on first reading was carried by the following
voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
ADJOURN- There being no further business, at 11:45 a.m., Mr. Inaba moved to adjourn
MENT: the meeting. Seconded by Ms. Lee Loy and carried by the following voice vote:
Ayes: Committee Members Inaba, Galimba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Acting Chair Evans — 7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball — 2.
Excused: None.
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FC -4
Approved:
February 21, 2023
ACTING CHR. EVANS: With that, we're adjourned at 11:45 a.m.
Mr. Matt Kaneali i -Klein
Finance Committee
MK/na
der, Chair
3 2, I 73
(Da e)
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