HomeMy WebLinkAboutMIN COUNCIL 2023-05-17 2022-2024 Hawaii County Council
121h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
May 17, 2023
INVOCATION: Reverend Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member(via videoconference from Kona; came in later)
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
Absent& Excused: 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 (Note: At this time:
EXPRESSIONS OF 1) Mr. Inaba presented the May 2023 Haweo Award to Anson Arakaki of the
CONDOLENCE: Hawaii Fire Department; and
2) Ms. Lee Loy presented Certificates of Merit to Albert Pacheco Jr. and
Fely Villegas, recipients of the Older Americans Month awards.)
Recess: At 9:17 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:22 a.m.
Hawaii County Council-12 May 17,2023
(At this time, Chair Kimball invited Pastor Renee Godoy to say a few words in
recognition of Police Week. Council Members expressed their gratitude and
appreciation for the officers of the Hawaii Police Department, followed by a
moment of silence for those officers who lost their lives in the line of duty.)
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
James Hoffman: Res. 183-23 (Comm. 300), in support.
(See Comm. 300.3)
Andrea Wernli: Res. 170-23 (Comm. 284), in support.
(representing Hawaii Island
Adult Care)
Frederick (Rikki) Torres-Pestana: Mr. Torres-Pestana spoke on a matter not
listed on the agenda.
Antu Harvey: Res. 141-23 (Comm. 241), in support.
(representing Pulama Ia Kona
Heritage Preservation Council)
Krista Donaldson: Res. 168-23 (Comm. 282), in support.
(representing Malama Wai`aha and
Kohanaiki `Ohana)
CHR. KIMBALL: Before we move on to the agenda,just a point of clarification
regarding previous remarks for the information of the public. The County
Council has not had a salary increase. I think the testifier was perhaps referring to
the increase that was taking place that is being deliberated in the City and County
of Honolulu at this time. So I just wanted to make sure everyone was clear that
that is the situation at the moment.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
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Hawaii County Council-12 May 17,2023
Vote on Approval Ms. Lee Loy moved to approve the Minutes of April 5,
of Minutes: 2023. Seconded by Ms. Galimba and carried by the
(Approved) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: At this time, we'll take up the "Reports,"please.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
GOEAC-41 NOMINATION OF THOMAS G. WOJSZYNSKI TO THE VETERANS
(Comm. 258): ADVISORY COMMITTEE
Vote on GOEAC-41: Ms. Lee Loy moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 41. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: The nomination of Thomas Wcjszynski to the veterans
advisory commission is approved.
GOEAC-42 NOMINATION OF DOROTHY NORRIS TO THE ENVIRONMENTAL
(Comm. 259): MANAGEMENT COMMISSION
Requires Council
Confirmation by: May 27, 2023 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-12 May 17,2023
Vote on GOEAC-42: Ms. Lee Loy moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 42. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Dorothy Norris's confirmation to the Environmental
Management Commission is approved.
GOEAC-43 NOMINATION OF MICHAEL D. QUANDT TO THE TAX BOARD REVIEW
(Comm. 260):
Requires Council
Confirmation by: May 27, 2023 (Section 13-4(k),
Hawaii County Charter)
(Note: Comm. 260.1, from Mayor Mitchell D. Roth dated May 17, 2023,
withdrawing Mr. Quandt's nomination to the Tax Board Review, was circulated.)
MR. HENRICKS: I do note we did get that communication from the Mayor's
office.
CHR. KIMBALL: Oh, yes. Okay, thank you.
MR. HENRICKS: Perhaps somebody could address that. The Chair could
address that.
Withdraw CHR. KIMBALL: Yes. So we have the communication in front of us removing
GOEAC-43 the nomination of Michael Quandt, Communication 260.1. If there are no
(Comm. 260): objections, we will accept this withdrawal. Seeing none, the nomination of
Michael Quandt to the Tax Board Review has been withdrawn. If we can please
go to the top of the agenda.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
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Hawaii County Council-12 May 17,2023
Res. 141-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION
EASEMENT OF TAX MAP KEY 7-6-004:003 SITUATED IN THE DISTRICT
OF NORTH KONA, ALSO KNOWN AS HISTORIC 88 TEMPLES WALK,
UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND
The County seeks to acquire a conservation easement on approximately
2.488 acres of land to provide pedestrian access to H6lualoa Village, facilitate
reconstruction of historic trails and the Shikoku Pilgrimage Monument, and
expand opportunities for recreational, educational, and social activities.
Acquisition of a conservation easement on this parcel is listed as priority number 7
in the 2022 Annual Report of the Public Access, Open Space, and Natural
Resources Preservation Commission.
Reference: Comm. 241
Intr. by: Ms. Villegas
Approve: LAAC-16
Motion to Approve: Mr. Inaba moved to adopt Res. 141-23 and Legislative
Approvals and Acquisitions Committee Report No. 16.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member.
MR. INABA: Thank you. This is Council Member Villegas' resolution for the
town of H61ualoa. Asking for my colleagues' support. This is the community my
family comes from, and this would be a great addition if we're able to acquire this
parcel—acquire the acquisition of the easement. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair. Any other comments? Seeing none,
all those in favor please say "aye."
Vote on Res. 141-23: The motion to adopt Res. 141-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 16 was
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball –8.
Noes: None.
Absent: Council Member Villegas – 1.
Excused: None.
CHR. KIMBALL: Resolution 141-23 is adopted. If I could ask, Mr. Clerk, could
you take Resolution 170-23, please?
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Hawaii County Council-12 May 17,2023
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Res. 170-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND ADULT
CARE FOR TUITION ASSISTANCE FOR ITS HILO ADULT DAY PROGRAM
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of Aging, Other Current Expenses
account.
Reference: Comm. 284
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 170-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you so much, Chair. I'm just looking for your
support. It was, I think, really apt that we had our honorees here for the kupuna,
and then we also have a very important service provided in our community. Just
happy to support making this service available to those who can't afford it on
their own. So, looking for your support. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member Lee Loy.
MS. LEE LOY: Thank you. I wanted to thank Ms. Kagiwada for this
contribution. We often think of spectrum of care, and we do a lot to provide
preschool programs and subsistence to our working families, but this is the other
end of that. Because, oftentimes, our families are still working while caring for
our parents. So thank you for this contribution to a very needed program and, as
mentioned by our testifier, the only one we have here. So thank you for your
support. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Council
Member Kierkiewicz. Oh, I'm sorry, Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you, Chair. I just had a question. I
don't know enough about this. But the question was, do kupuna with Medicare
qualify as well for this program?
MS. KAGIWADA: If it's okay, Chair, we have the people who run the program
here. I don't know the answer, but I'm sure they can answer it.
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Hawaii County Council-12 May 17,2023
MR. KANEALI`I-KLEINFELDER: Thank you. Thank you, Ms. Kagiwada.
CHR. KIMBALL: Thank you.
(Note: At this time, Andrea Wernli of Hawaii Island Adult Care came
forward to address the members of the Council.)
MS. WERNLL To answer your question, yes, we do not have for Medicare, but
we do take Medicaid.
MR. KANEALI`I-KLEINFELDER: Okay. So, folks, kupuna with Medicare
wouldn't qualify for this particular program.
MS. WERNLL Unless they private pay. We just don't accept Medicare
currently.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. Thank you very much for
being here. Full support. Thank you.
CHR. KIMBALL: Thank you, Council Member. Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just also wanted to lend my support and
mahalo nui Council Member Kagiwada for this contribution to HIAC (Hawai`i
Island Adult Care). I remember when Paula Uusitalo was the head of this
organization and then Lisa, and I see two of your board members, Nancy and Jay,
here. So you are in incredibly good hands. And, Andrea, it was just so nice to
meet you and put a face to the name. We received all of your emails and are so
happy to know of all of the wonderful work that you are doing through HIAC. I
know that next fiscal year many of us will be happy to contribute to your efforts
because you are definitely helping many kupuna that wouldn't otherwise be
served in our communities. So, very much supportive of the work that you are
doing. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, all those in favor of adopting Resolution 170-23, please say "aye."
Vote on Res. 170-23: The motion to adopt Res. 170-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-12 May 17,2023
Res. 158-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT
FOR HIGH RESOLUTION IMAGERY FOR THE HAWAII COUNTY POLICE
DEPARTMENT
Authorizes the Mayor to enter into a new four-year agreement with Pictometry
International Corp., with an estimated annual cost of$516,735.75, for access to
current imagery of subdivisions, businesses, developments, and roadways.
Reference: Comm. 262
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-49
Vote on Res. 158-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 158-23 and
(Adopted) Finance Committee Report No. 49. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 158-23 is adopted.
Res. 159-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL
RELATIONS, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH
AND DEVELOPMENT DEPARTMENT
Allows for the receipt of$965,600 in federally-derived funds, which would be used
to assist individuals that have been adversely affected by the COVID-19 pandemic
to enter, return to, or advance in high quality jobs.
Reference: Comm. 263
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-50
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 159-23 and
Finance Committee Report No. 50. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: Council Member.
MR. KANEALII-KLEINFELDER: Given discussion in Committees, I will be
supporting this today. I look for everyone's support.
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Hawaii County Council-12 May 17,2023
CHR. KIMBALL: Thank you. Any further discussion? Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I was looking through the report, and I
can't remember if I asked this question or not, but, Director Sako, are you able to
confirm if this funding is going to Workforce Development Board? Because, I
know it has to do with job training, and so I just wanted to confirm where this
funding is going. That way, I know who to follow up with.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: I believe they will have a part of it. I think we're putting it in
General Fund, though. But, yes, we'll get it taken care of.
MS. KIERKIEWICZ: Okay. It's like a QUEST (Quality Jobs, Equity, Strategy
and Training) disaster recovery fund. So does that mean multiple departments
will have access to this funding?
MS. SAKO: No. I believe this was specifically for people with job losses, and
sorry, I didn't bring that one down with me this time. But yes.
MS. KIERKIEWICZ: No worries. Okay, thank you for those details. Chair, I
yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any other
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 159-23: The motion to adopt Res. 159-23 and Finance Committee
(Adopted) Report No. 50 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
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Hawaii County Council-12 May 17,2023
Res. 166-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND LGBTQ
PRIDE TO SUPPORT ITS ANNUAL PRIDE PARADE AND FESTIVAL
Transfers $2,000 from the Clerk-Council Services –Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 280
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kagiwada moved to adopt Res. 166-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: If okay with my colleagues, I just want to say I'm always
pleased to support this celebratory event. I hope for your support today. And I'm
going to ask you next month, as we enter Pride Month, that we're going to
we're doing rainbow colors, right? All right. Excellent. So I ask for everyone's
support. Any further comments or questions?
MR. KANEALII-KLEINFELDER: Chair?
CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I was just going to say usually our color
scheme does end up being a bit of a rainbow, so I think that will work out pretty
well.
CHR. KIMBALL: We're going to do it in order, though. All right, any other
discussion? The only problem is there is not nine colors in a typical rainbow. So
we're going to have to—we'll have to do like a marine, yeah. Somebody can be
ultraviolet. All right, enough kidding aside. All those in favor of adopting
Resolution 166-23, please say "aye."
Vote on Res. 166-23: The motion to adopt Res. 166-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball –7.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
Page 10
Hawaii County Council-12 May 17,2023
Res. 167-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION
TO PURCHASE SUPPLIES FOR RECREATIONAL ACTIVITIES IN
WEST HAWAII
Transfers $9,500 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation,
Recreation Division Other Current Expenses account.
Reference: Comm. 281
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 167-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Inaba.
MR. INABA: No discussion. I ask for your support. Mahalo.
CHR. KIMBALL: Thank you. Any additional discussion? Seeing none, all
those in favor please say "aye."
Vote on Res. 167-23: The motion to adopt Res. 167-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. KIMBALL: Resolution 167-23 is adopted.
Res. 168-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KOHANAIKI `OHANA TO
ASSIST WITH THE 19TH ANNUAL ROOTS BODYBOARDING CONTEST AT
WAI`AHA BEACH PARK
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 282
Intr. by: Ms. Villegas
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Hawaii County Council-12 May 17,2023
Motion to Approve: Mr. Inaba moved to adopt Res. 168-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion?
MR. INABA: Just pointing out this is Kohanaiki `Ohana, separate from `Ohana
O Kohanaike, which we discussed yesterday. They're serving as a fiscal sponsor
to support this contest at Wai`aha Honls Beach. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair, for that clarification. Any other
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 168-23: The motion to adopt Res. 168-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 169-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAII,
INC., TO SUPPORT THE HAWAII KEIKI RODEO EVENTS
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 283
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Galimba moved to adopt Res. 169-23. Seconded by
Ms. Kierkiewicz.
CHR. KIMBALL: I should have held off on this until Council Member Lee Loy
came back, but I think—is everyone okay with moving it forward? We can table
it if we
MS. GALIMBA: Keiki rodeo. So cute.
CHR. KIMBALL: Any other discussion? I'm with you; keiki rodeo is adorable.
Happy to support as well. All those in favor please say "aye."
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Hawaii County Council-12 May 17,2023
Vote on Res. 169-23: The motion to adopt Res. 169-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
CHR. KIMBALL: Resolution 169-23 is adopted.
Res. 171-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO AHAVA `AINA TO HOST A
TECHNOLOGY SUPPORT GROUP CALLED DISCONNECT TO RECONNECT
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 285
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 171-23. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Excited about this new program for our
community. Looking at the problems with technology addiction and trying to
work with people to figure out other ways to spend their time that will enhance
relationships and get people outside more so that they don't feel like they're
constantly tied to their technology. I'm excited about this and just trying to
support this effort. Looking for all your support. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Seeing none, all those in favor please say "aye."
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Hawaii County Council-12 May 17,2023
Vote on Res. 171-23: The motion to adopt Res. 171-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball –7.
Noes: None.
Absent: Council Members Lee Loy and Villegas –2.
Excused: None.
CHR. KIMBALL: Resolution 171-23 is adopted.
Res. 172-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND
FOR EXPENSES RELATED TO ITS DEVELOPMENTAL PRESCHOOL
Transfers $5,000 from the Clerk-Council Services –Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 286
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 172-23. Seconded by
Ms. Kierkiewicz.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you so much. This is a very high quality childcare
program—much needed in our community. I think one of the only NAEYC
(National Association for the Education of Young Children)-accredited programs
in our community. They somehow missed the Waiwai funding this year, which
they rely on. So just looking to support them, their developmental preschool,
which is very important to our community. And looking for your support. Thank
you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Any additional
discussion? Seeing none, all those in favor please say "aye."
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Hawaii County Council-12 May 17,2023
Vote on Res. 172-23: The motion to adopt Res. 172-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 172-23 is adopted.
Res. 173-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION
TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS RECREATION
PROGRAMS AND ACTIVITIES IN COUNCIL DISTRICT 2
Transfers $13,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Recreation Division Other Current Expenses account.
Reference: Comm. 287
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 173-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Just looking for all your support.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 173-23: The motion to adopt Res. 173-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 173-23 is adopted.
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Hawaii County Council-12 May 17,2023
Res. 174-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO ASSIST THE HAWAII FIRE DEPARTMENT WITH
EXPENSES RELATING TO THE BIG ISLAND JUNIOR LIFEGUARD
PROGRAM
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Hawaii Fire Department, Ocean Safety
Programs account.
Reference: Comm. 288
Intr. by: Ms. Villegas
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 174-23.
Seconded by Ms. Galimba.
CHR. KIMBALL: I believe we have HFD (Hawai`i Fire Department) here if
there's any input from them, but I think we all know this program.
MR. KANEALI`I-KLEINFELDER: I think we do as well, Chair, and I know
Ms. Villegas would support this fully. I mean, she brought it forward, but she
wasn't able to be here today. I think this program is extremely beneficial for our
island. Do you have anything to add? Thank you for being here today.
(Note: At this time, Assistant Fire Chief Darwin Okinaka came forward to
address the members of the Council.)
MR. OKINAKA: Good morning. Darwin Okinaka, Assistant Fire Chief for
emergency operations for Hawaii Fire Department. We'd just like to thank
Council Member Villegas for this assistance. This is the first year that we're
starting up our Junior Lifeguard program again since the COVID (coronavirus
disease)pandemic started. So the past, I think, four to five years maybe.
Because we went so long without the program, a lot of the equipment that we use
for the program for the participants went bad. So we had to buy new surfboards,
rescue tubes, banners, and just the overall management and cost of the program
because we really didn't have a budget for this. We relied a lot on donors, and
we've had a lot of foundations that provided assistance to the program. But this
was huge and it really helped us to purchase the much-needed items so we can
start again.
And then moving forward, I think we're looking to have a line item in our budget
to support this program so we can take care of our students and our children
across our island, to support that and hopefully get some recruits for our ocean
safety program, which is in much need. We've been having challenges with that.
So, overall, this program does assist us with recruitment once they reach the
hiring age. So thank you very much for that.
Page 16
Hawaii County Council-12 May 17,2023
MR. KANEALI`I-KLEINFELDER: Mahalo, Assistant Chief. Appreciate it.
And then just on a more personal, I had—during COVID, it's hard to find stuff
for the kids to do. But there was a program that ran independently of the Fire
Department. It was a lifeguarding class. It was once a week, twice a week, but
my kids really enjoyed it and they learned a lot too. It was water safety. It was
physical exercise. Swim. Go out there, dive down, grab something, come back.
All that kind of normal things a lifeguard would do. But because you're dealing
with 15-, 16-year-olds, you're getting them out of the house, and they're seeing
this potential to be maybe a lifeguard in the future. But they're also just learning
how to deal with the ocean because we're surrounded by you can't get away
from it.
And it's amazing. Most of our kids here know how to swim. On the Mainland,
they may not, yeah. But over here, with the things that we're faced with every
day, the Fire Department, the Police Department, and all of our citizens, ocean
safety is just—it is absolutely paramount, yeah.
MR. OKINAKA: For sure. And over the years, we've had a lot of people call
and inquire about the program. And just, unfortunately, we weren't able to do it.
So we're glad that we're finally able to start it up again, and we're really excited
to get it going. I mean, our instructors, everybody, is ready to go. The only
downfall for us, because of the challenges, is we did not,just for some
information for you folks, is the Puna District because of, you know, Pohoiki
being difficult, that it's just too unsafe for it. This program is for students from
the age of 12 to 17, and then that beach was just a little difficult. But we're
having it in five other districts: right here in Hilo; Ka`u, at Punalu`u; Hapuna;
Kua Bay; and Kahalu`u Beach. So that's the five districts that we're going to host
it at this year, with the island championships and State championships in August.
So we're hoping to send some students up there to participate.
MR. KANEALI`I-KLEINFELDER: Okay. Mahalo for that. I appreciate it. I
yield, Chair. Thank you.
CHR. KIMBALL: Thank you, Council Member. Any other discussion? I just
have a quick question. Assistant Chief, how do folks sign up to participate?
MR. OKINAKA: We just got the posters out. On June 17'', we're going to have
our island-wide recruitment. So you show up to each of these districts at 9 a.m.
and you do your sign up. There's going to be a qualifying run and swim, and it's
basically first-come-first-served. We have four one-week sessions and looking at
about 25 students per session. So each district can host up to about a hundred
students, so a total of 500 is what we're looking for and we'll see where we go.
CHR. KIMBALL: Fantastic.
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Hawaii County Council-12 May 17,2023
MR. OKINAKA: Yeah, we have posters up. We posted them all around. For
Hilo, it's the only one, the beach is going to be at Richardson's. But every other
one is going to be at Punalu`u Beach, Hapuna Beach, Kua Bay, and Kahalu`u. So
they show up there. And we can provide that because they should come with
some items: swimwear, protection, water, something to eat and, you know,just
snacks,just for their own protection.
CHR. KIMBALL: Great. Well, if you can share that information with all of us,
I'm sure we'll be happy to put it out in our networks and (inaudible)postings.
MR. OKINAKA: Yeah, for sure. I tagged as much people as I knew when we
posted on social media, so yeah.
CHR. KIMBALL: Great. Well,just as a side note to everyone, we do finally
have our social media set up for the Council itself: Hawaii County Council. So
please tag us for the whole body as well.
MR. OKINAKA: Will do.
CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please
say "aye."
Vote on Res. 174-23: The motion to adopt Res. 174-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 174-23 is adopted. Thank you so much for being
here. I appreciate it.
MR. OKINAKA: Thank you, folks.
Page 18
Hawaii County Council-12 May 17,2023
Res. 175-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO POHAKU PELEMAKA FOR
ITS HO`OWEHE I KA NIU SUMMER CAMP
Transfers $4,950 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 289
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 175-23. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo nui Leila Kealoha
who runs P6haku Pelemaka and this annual summer camp that is going to occur in
the wahi pana of Ka`akepa in Lower Puna. And so, excited about all of the keiki
that are going to be able to participate over the July 4h weekend and experience
`aina and learn various aspects of the Native Hawaiian culture. So, looking for
my colleagues' support on this. Thank you, Chair.
CHR. KIMBALL: Any other discussion? Seeing none, all those in favor please
say "aye."
Vote on Res. 175-23: The motion to adopt Res. 175-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 175-23 is adopted.
Res. 176-23: APPROVES THE FISCAL YEAR 2024 PROPOSED OPERATING BUDGET
FOR THE HAWAII STATE ASSOCIATION OF COUNTIES
Reference: Comm. 290
Intr. by: Ms. Kimball
Waived: GOEAC
Page 19
Hawaii County Council-12 May 17,2023
(Note: Comm. 290.1, from Council Chair Heather L. Kimball dated May 4, 2023,
transmitting supporting documentation relating to Res. 176-23, was circulated.)
Motion to Approve: Ms. Lee Loy moved to adopt Res. 176-23. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: This is submitted on behalf of HSAC (Hawai`i State
Association of Counties). Happy to answer any questions, but did want to draw
folks' attention: In your pinkie folder is the budget justification, the document
that goes along with the budget for HSAC. Any discussion or questions?
MS. EVANS: Question.
CHR. KIMBALL: Yes, Council Member Evans.
MS. EVANS: Thank you. Can you tell us how the executive directorI think
we just added the executive director position. So this would have just finished,
what, their first year in that position? How is it going?
CHR. KIMBALL: So actually we've had Nahe as our executive director I think
now for two years, and it's been really fantastic. She has really elevated HSAC
operations to a whole new level. So speaking as a member of the Executive
Committee, I'm very pleased with her performance on behalf of the HSAC team.
MS. KAGIWADA: Chair, if I may?
MS. EVANS: Is that salaried and on an annual contract that's renewed?
CHR. KIMBALL: That's correct.
MS. EVANS: Did we see a bump for an increase in her salary for this upcoming
year?
CHR. KIMBALL: We actually increased her salary mid-term this last year
because she took on additional hours for us. So it's based on her hourly
engagement with HSAC. But there is not in this budget.
MS. EVANS: Thank you, Chair. I yield.
MS. KAGIWADA: Chair, if I may?
CHR. KIMBALL: Yeah, Council Member Kagiwada.
MS. KAGIWADA: Just to add on to that, Council Member Evans, I was at the
last Executive Committee meeting when Chair Kimball had to step away. We did
do a review of the executive director's position, and all four council members
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Hawaii County Council-12 May 17,2023
representing the different four counties gave very high evaluations for the position
and for Nahe. So just to let you know, in addition to Chair Kimball's statement,
all the other counties also recognized that she's doing a very good job. Thank
you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Any other
discussion? Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thanks both to you and Jennifer for
serving as our representatives to this body. I had the honor and pleasure of
serving on HSAC for my first term where we did not have an executive director.
And that was one of the conversations we had, was bringing someone on that can
serve as institutional knowledge and present continuity because council members
come and go, but we still need somebody there that can be recordkeeper and
maintain relationships, which are really incredibly important for HSAC to get
anything done. So I'm going to be supporting this budget, and really do
appreciate all the work that Nahe Parsons does to support all of our counties. I
yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any additional
questions or discussion? Council Member Galimba.
MS. GALIMBA: Thank you. Just a quick question. The dues are based on
population?
CHR. KIMBALL: Actually, there's two different sets of dues. One is a flat fee
for all of us, and one is based on population. So, if you look at—I'm not sure if
they're divided out in that way. There's a portion of it that's flat, and then there's
a portion of it that comes out based on population. So, yes, City and County of
Honolulu are
MS. GALIMBA: The 60,000 is the flat fee and then the NACo (National
Association of Counties) dues is by population. Is that how it goes or is it—yeah,
that must be it.
CHR. KIMBALL: Yes, that's correct. Yes.
MS. GALIMBA: Okay. Thank you.
CHR. KIMBALL: Thank you.
MS. GALIMBA: I yield.
CHR. KIMBALL: All right, thank you. I did get a quick text here from
Judge Strance. Unlike our County budget, the HSAC budget can actually—it
doesn't have to be balanced, and we do have a surplus of funds in the HSAC
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Hawaii County Council-12 May 17,2023
account. So you'll notice that the numbers, we go into the negative with the
HSAC budget, which we did last year as well, and then we actually ended up
bringing in more funds. So there isn't that same requirement for the HSAC
budget to be balanced. All right, any other questions? Seeing none, all those in
favor please say "aye."
Vote on Res. 176-23: The motion to adopt Res. 176-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 176-23 is adopted.
Res. 181-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND
RECREATION
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$242 to be used at the department's Hilo office.
Reference: Comm. 296
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 181-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 181-23.
(Adopted) Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 181-23 is adopted.
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Hawaii County Council-12 May 17,2023
Res. 182-23: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE DEPARTMENT OF THE ARMY REGARDING THE
WAIAKEA-PALAI FLOOD RISK MANAGEMENT PROJECT
Allows for the Department of Public Works to enter into a Project Partnership
Agreement with the Department of the Army to develop the parameters for the
design, construction, and maintenance of the Kupulau Ditch Detention and the Hilo
Municipal Golf Detention.
Reference: Comm. 297
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 182-23.
Seconded by Ms. Kagiwada.
CHR. KIMBALL: I believe we have Director of Public Works here to answer
any questions. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here
today, Director Pause.
(Note: At this time, Public Works Director Stephen Pause came forward
to address the members of the Council.)
MR. PAUSE: Good morning, everyone.
MR. KANEALI`I-KLEINFELDER: Keone Thompson was listed as the
representative, but I think you are a more-than-adequate substitute for
Mr. Thompson. Give us a little background on this and then we'll go from there.
MR. PAUSE: Sure. So this is a resolution to enter into a project partnership
agreement with the Army Corps of Engineers. They provided us a copy of the
draft agreement on May 2nd. We ran it through Corp. (Corporation) Counsel and
here we are today. So I guess I wanted to apologize if it feels like we're rushing a
little bit. I know we bypassed a few things. But the short of it is it's a project for
stormwater management facilities and detention basins associated with this
drainage area. The agreement says that the Federal Army Corps will fund up to
$10 million, and the current cost estimate on this is somewhere around 18 million.
So the County has made its commitment, through our Finance Director, to come
up with the additional funding. But it's actually a really good project.
If you don't mind, I just want to read the project description. In that way, I won't
misspeak. The feasibility study was completed in March of '21, and the project's
proposed improvements will construct the Kupulau Ditch Detention and the Hilo
Municipal Golf Course Detention. The ditch detention is located north of the
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Hawaii County Council-12 May 17,2023
New Hope Church and adjacent to the right bank of the Kupulau Ditch that would
include constructing a series of three levies and one floodwall to enclose the
landscape by utilizing the area's natural topography.
The Hilo Municipal Golf Course Detention would include the construction of an
embankment to create the detention pond to a maximum height of approximately
22 feet from the channel bottom in an in-channel barrier with an uncontrolled
outlet consisting of two six-foot pipes. So the proposed improvements will
reduce risk to life structure of property and public infrastructure for periodic
flooding in certain locations within the vicinity of the Waiakea and the
Palai Streams. It's maximizing the net national economic development benefits
while minimizing environmental effects. That's the project description.
MR. KANEALI`I-KLEINFELDER: Okay. How did the process start?
MR. PAUSE: It started with the Army Corps approaching the—working jointly
with Public Works. It was before my time and, as I've said, the study was
completed in March of'21. It was an identified need and a joint effort between
the County and the Corps.
MR. KANEALI`I-KLEINFELDER: Okay. I ask because I requested of them,
and ultimately we didn't get it moving but Puna has the same issues, and I'm just
trying to get the ball going with Puna on the same idea. Because when we have
flooding in our area, it comes down and it affects every major subdivision on the
way down the hill until it eventually crosses Highway 130.
MR. PAUSE: I have seen a scope for that. I guess I'd follow up on it, but I know
there have been conversations and communication between us and the Army
Corps to do something similar.
MR. KANEALI`I-KLEINFELDER: That's good. It's a separate issue, but I'm
just making a note, if you can, look into that please.
MR. PAUSE: Okay.
MR. KANEALI`I-KLEINFELDER: Thank you.
MR. PAUSE: And timing-wise, it looks like the continuing or the completion of
additional design engineering complete—continual assessment work will be
completed over the next two years, and I'm told construction is expected to take
about a year once we get to that point. But, along the way, there's environmental
permitting. A lot of our role will be working with the community identifying
rights of entry, rights of way, if there's any land that has to be taken, those sorts of
things.
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Hawaii County Council-12 May 17,2023
MR. KANEALI`I-KLEINFELDER: Okay. And then construction costs would
not be in this coming fiscal year's budget, then, if that's the timeline you're
looking at.
MR. PAUSE: That's correct.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member. Any other discussion? Council
Member Galimba.
MS. EVANS: Chair?
CHR. KIMBALL: Council Member Galimba and then we'll go over to you there,
Council Member Evans.
MS. EVANS: Thank you.
MS. GALIMBA: Thank you. Just a couple of questions. So the idea on these
detention basins is not to completely hold all of the potential water but it just
serves to pool it as a"slow it down." Is that kind of the idea?
MR. PAUSE: Essentially, that's it. When you're dealing with stormwater, you
have volumes of stormwater that's based on what sort of landscape is coming.
Obviously, a parking lot will create more than a grass area. But the concept
would be by building detention and/or retention facilities, it would hold back
those peak flows so that it would reduce the likelihood of a flooding. I mean, at
the end of the day, the fast water moving, the large volume all coming down at
once is what really causes the damage. So detention and retention facilities are to
hold back the peak and then, by putting a certain pipe size, you can calculate how
much water you're going to let go to contribute to the rest of the streams. So it's
holding back the peak that will assist in preventing flooding.
MS. GALIMBA: Okay. That's a little bit of a different theory than, say, we have
these sort of just concrete ditches that were put in probably in the '50s. There's a
big one right here in Hilo, and it seems to be more to move the water quickly out
of
MR. PAUSE: To channel the water to prevent erosion of the sides of the
embankments and subsequent effects on property, so yeah, that's to handle the
flow of the water. But again, retention and detention is to hold back the water
flow, give it a place to settle and to stay while the rest of the water is coming
down.
MS. GALIMBA: Okay. And is both of these detentions for the stream system, or
is it two different stream systems?
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Hawaii County Council-12 May 17,2023
MR. PAUSE: I believe it's the one stream system.
MS. GALIMBA: Okay.
MR. PAUSE: Waiakea-Palai, sorry.
MS. GALIMBA: Thank you. Thanks for that detail. I yield.
CHR. KIMBALL: Thank you, Council Member Galimba. Over there to Kona,
Council Member Evans.
MS. EVANS: Good morning. Hi, Director. The question I have is the
involvement of our Civil Defense Agency, which I believe may or may not have a
role in this because of hazard management. Did they weigh in at all on flooding?
MR. PAUSE: In this particular case, I'm not sure what role, if any, they had. It
would be something that I could follow up on for you.
MS. EVANS: Yeah, because I know that they look at hazard mitigation. And I
just was wondering what these—what we learn when we have flooding.
Obviously, every time it floods, I hear Council Member Kaneali`i-Kleinfelder talk
about his district. I know in my district, when we have major floods, I've got a
really bad area that does flooding. I believe in South Kona—I've heard from a
former constituent of mine that lives there now, believes there's issues with
flooding down in South Kona. So, I mean, there are areas across the island that
have some flooding. And I was just wondering if we're working with the Corps,
then is it through our Civil Defense, kind of doing hazard mitigation in identifying
these major flood areas where they shut down roads or whatever, do they weigh
in? And do we report to the Corps of Engineers as to our problem areas? Do we
do that?
MR. PAUSE: I'm not aware that we specifically report to the Corps. Obviously,
there is a number of areas that we've identified. And you and I have had some
conversations on the west side, in particular a couple of areas that we document
the issues and then we go about looking at ways to solve those issues. I know you
and I have had a number of conversations about Puako. But on the east side,
there's a bit more history with the amount of rain that falls here. And I'm aware
that they've looked at a number of drainage basins, and they've done some
prioritization. And then it becomes a matter of looking for appropriate funding
opportunities.
In this particular case, which again I stated it predates me a little bit, but it was
something that was in motion to address this.
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Hawaii County Council-12 May 17,2023
MS. EVANS: Would the conversation be between the Corps of Engineers, which
we between the Department of Public Works and the Corps, or would it come
out of the Mayor's office?
MR. PAUSE: We've met with them. We've met with the Mayor, and we've had
representatives of the Corps of Engineers from Honolulu come over here from
time to time. In the same vein, we've done the same thing with FEMA (Federal
Emergency Management Agency). We've managed to find money from FEMA
to look at, if you will, bettering or hardening infrastructure before it becomes
affected by a future event. So those conversations do occur.
MS. EVANS: Okay. The other thing is do you have conversations with the
Department of Land and Natural Resources? Because, I know they've put
together a lot of design requirements for reservoirs. And it would seem like a
retention—when does a retention pond actuallythere's got to be a time when it
becomes like a reservoir, and you have gallons and gallons of water behind a wall.
And I know DLNR (Department of Land and Natural Resources) does regulate
that. So are you subject to that regulation?
MR. PAUSE: I think you're referring to dam regulations.
MS. EVANS: Yes.
MR. PAUSE: I don't I know there's one that we maintain. It's a Corps of
Engineers structure that Public Works maintains and has a regular maintenance
schedule for. But I don't think we're in a habit of necessarily wanting to build
dam structures. They're regulated by the State.
MS. EVANS: So reservoirs, even though no matter how big they get, they would
not qualify as a dam.
MR. PAUSE: There are specific requirements on height and construction of those
dams, but I'm not aware of what those specific things are. But there are rules and
regulations at the State level for dam regulation.
MS. EVANS: Yeah. I'm just pointing it out because it's really important because
there was that failed reservoir that killed people on Kauai. And obviously, the
size of this, I'm not clear what the size of this is going to be, but I'm just pointing
it out.
MR. PAUSE: The structure we're talking about is designedI use the words
"retention to detention" loosely. Let me explain. A detention facility is designed
to hold back the water; collect the water, allow it to pond, and eventually have it
drain into the waterway that it was designed to go to. So I would call it a dry
pond, whereas a retention pond is designed to be a wet pond. It ponds. The outlet
control means that it's going to hold water back. In areas of the country, it would
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Hawaii County Council-12 May 17,2023
hold water back to use for irrigation and things like that. So what we're the
facilities we're talking about here are a dry pond. It would be really just designed
to hold the water back and to reduce the impacts of flooding.
MS. EVANS: Okay. Thank you. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else here in
Hilo? Council Member Lee Loy.
MS. LEE LOY: Thanks, Chair. Thanks, Mr. Pause, for being here. What
happens if we say no?
MR. PAUSE: I would say that, then, if you say no then the Mayor can't execute
the agreement. That's correct.
MS. LEE LOY: Completely in support of this resolution. I think what my
challenge has been is this is a project in my district, and I'm hearing about it right
now. I've tracked this project, and again it hasn't been on your watch. It started
prior to your watch. The last community meeting regarding this particular stream
was back in 2016. And I'm beginning to see a pattern with this Administration:
the eagerness to get everything locked and loaded,but we're not having the
community engagement piece. And there was a huge concern, specifically by our
homesteading community, in which a lot of these waters start up in Waiakea but
end up across the highway in Pana`ewa and flooding our homestead communities.
I'm going to ask again that the Administration do a better job at communicating
with community on these large projects. I get it. I get the excitement. And I
don't want to leave the money on the table, but there have been concerns that
were put on the table back in 2016 about this project. So if we could circle back
around on that, Mr. Pause, that would be incredibly helpful.
MR. PAUSE: Council Member, I could not agree with you more. You've heard
me make statements in the past that I think communication is one of my three
priorities. So if we've failed to this point, duly noted and we'll get better. I
completely agree that we need to be out front and engaging the communities for
all of the projects we do. So thank you for that.
MS. LEE LOY: Yeah, thanks. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All
right, seeing none, all those in favor of adopting Resolution 182-23, please say
Ic aye.
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Hawaii County Council-12 May 17,2023
Vote on Res. 182-23: The motion to adopt Res. 182-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
(Note: Ms. Lee Loy voted "kanalua"then "aye.")
CHR. KIMBALL: Resolution 182-23 is adopted. Thank you, Director, for being
here for the questions.
MR. PAUSE: Thank you.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
RES. 183-23 The following individual registered to speak and came forward when called by
(COMM. 300): the Chair:
James Kiley: In support.
(representing Hawaiian Acres (See Comm. 300.5)
Community Association)
Res. 183-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR REPAIRS AT THE HAWAIIAN ACRES VOLUNTEER
FIRE STATION
Transfers $20,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Hawaii Fire Department, Fire Volunteer
Other Current Expenses account.
Reference: Comm. 300
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 183-23.
Seconded by Ms. Kierkiewicz.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. As Mr. Kiley said,
they've been not so blessed in the last few months as far as what's been
happening in the community. They lost their water tank. And as we worked on
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Hawaii County Council-12 May 17,2023
this project, they lost their community association building. And it's just been
kind of one thing after another for these guys. So I really want to mahalo
Ms. Frenz, Ms. Sako, Mr. Komata, and Mr. Henderson, and Chief Todd for
helping me get this to the table. There was a point where (inaudible)just kind of
gave up because there were just too many moving parts, and what we're going to
do, and how can we get it across the finish line. But Ms. Frenz actually was
instrumental in helping to get everyone together and get the email—I mean, the
email chain is just massive. Let's just say that. So mahalo, Ms. Frenz, for getting
that(inaudible). Mahalo, Ms. Sako, for helping me figure out the right account
numbers and get this all taken care of. (Inaudible) all my texts.
But really this now is going to move the funding to the Fire Department. The Fire
Department can then start to help the community and get the community center,
the water tank, the roof, and the volunteer fire association building back to
working order and get this community back on its feet. So hoping for everyone's
support, and just mahalo for letting this get to here. That was a process. Thank
you, Chair.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just wanted to lend my support and gratitude
to everybody involved, for the tremendous support and contribution that's being
given to the Hawaiian Acres community. Our island, our County is very unique
in that so many of our fire stations are actually volunteer fire stations. And so this
may seem small to us, but this is a huge gift to the community. And I know it's
going to be very appreciated to have the station retrofitted and in working
condition. It's going to help I think rebuild community spirit and morale, and it's
a great partnership between County and community. So thank you for putting this
forward. Thanks to the many hands to make this work. Happy to support it.
Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council
Member Lee Loy.
MS. LEE LOY: Thank you. And thank you, Mr. Kaneali`i-Kleinfelder, and all
the entire team. Twenty thousand dollars, that's like one-fifth of your
contingency money. And so it just really demonstrates how important this is. I
did want to share that this actually this resolution came up when I was in
another conversation about our broadband equity program that's coming, and all
the money that's coming and being mentioned, this specific center and how it
serves as a hub and a food distribution center, and now to bring in the broadband
and the other infrastructure, and how important that was. And when I saw this, I
had shared with the community, "Oh, Matt is moving in some money and then we
can move in some of the other infrastructure." So thank you so much, everybody,
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Hawaii County Council-12 May 17,2023
for looking around the corner a little bit on this particular funding, but how other
things can connect that community in Hawaiian Acres. So, Ms. Frenz,
Deanna Sako, thank you so much. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All
right. Sounds like it was a challenge. Well done, folks. I appreciate all the
support from everybody. Clearly something that this community needs. All those
in favor of adopting Resolution 183-23, please say "aye."
Vote on Res. 183-23: The motion to adopt Res. 183-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Resolution 183-23 is adopted. I've had a request for a quick
bio break, so we're going to take a five-minute break here and be back at 10:51.
Thank you.
Recess: At 10:46 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:52 a.m.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
Bill 28: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 AND ARTICLE 10,
(Draft 2) SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO REAL PROPERTY TAXES
Safeguards certain agriculturally productive properties which are also used as an
owner's primary residence or as an affordable rental from rising assessment values.
Reference: Comm. 113.2
Intr. by: Mr. Inaba
Approve: FC-28
Postponed: March 22 and April 19, 2023
(Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 28,
Draft 2, on first reading.)
CHR. KIMBALL: Thank you, Mr. Clerk. Vice Chair Inaba.
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Hawaii County Council-12 May 17,2023
MR. INABA: Thank you. With the discussion happening on other real property
tax bills, it's been requested by the Real Property Tax Division that we finally get
all three of these bills on the same meeting. So, with that, we have a bill already
postponed to June 21st. If there's no further discussion on Bill 28, Draft 2, right
now, I'll make the motion to postpone.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any other discussion on Bill 28
at this time?
MS. EVANS: Question, Chair.
CHR. KIMBALL: Yes, Council Member Evans.
MS. EVANS: I just have one question for clarity to the Department of Finance.
Would it be appropriate to ask now or wait?
CHR. KIMBALL: We're still on the main motion, so yes, it's appropriate now.
MS. EVANS: Okay, sooh, good. Thank you. We have Lisa here in the Kona
chambers. So I'm looking at Draft 2 and I'm looking at the second page. It's
Section 2 on the second page, and it talks about"real property which is used for
commercial or income-producing purposes shall not qualify as `affordable rental
housing' except," and then it talks about real property that's used for agricultural
use. So I'm trying to wrap my head around the idea of income-producing
purposes and agricultural use could be income-producing. So there would be—is
there a conflict or it's written in a way that there won't be a conflict when you're
interpreting it?
(Note: At this time, Real Property Tax Administrator Lisa Miura and
Assistant Real Property Tax Administrator Keita Jo came forward to
address the members of the Council.)
MS. MIURA: Thank you. Real Property Tax Administrator Lisa Miura. In the
Hilo chambers is Assistant Real Property Tax Administrator Keita Jo. This was
written because the affordable housing rental program does have a lot of
carryover with the homeowner exemption program. And so when Council
Member Inaba looked into doing this, we were very concerned about being sure if
somebody had a property where they had a homeowner exemption and the second
house was an affordable rental. Right now, they qualify for the homeowner tax
class, and affordable rental tax class is the same. They get the 3 percent
assessment cap as well as the lower tax rate. So if the homeowner exemption
program was going to change to allow for the agricultural, then the affordable
rental needed to do so as well.
So when we looked at it with Betsy Strance, Corporation Counsel, they needed to
be tied together. So we didn't see it so much as a conflict. A lot of these we are
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Hawaii County Council-12 May 17,2023
looking at are more home or properties that already have agricultural farms
located on them. But they're going for the homeowners instead because it usually
ends up being cheaper.
MS. EVANS: Okay. So this language of"shall not qualify if it's income-
producing"would not conflict with the fact that it's real property with an ag
(agricultural)use, because agriculture uses, they may sell and create income. So
there won't be a conflict.
MS. MIURA: Well, when we discussed it with Betsy Strance, we didn't see the
conflict there. I'm not saying there can't be one in the future or there's not going
to be one or two that come through. But I think we are looking at it more from
the legal aspect of if you could have an affordable rental housing. I think you're
getting to the point where the zoning, that if they have like an additional farm
dwelling, they're not supposed to be renting it. But in some cases, they could be
getting zero rent and qualify for the affordable rental housing because their farm
workers are working on the land. Yeah. So that,we did not see an issue with.
MS. EVANS: Okay. I just want to make sure there would be no potential
conflict in interpretation. Thank you. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion?
Seeing none, Vice Chair Inaba, would you like to make a motion to postpone?
MR. INABA: Sure.
Vote on Motion to Mr. Inaba moved to postpone Bill 28, Draft 2, to June 21,
Postpone: 2023. Seconded by Ms. Galimba and carried by the
(Approved) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 28, Draft 2, is postponed to June 21st
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Hawaii County Council-12 May 17,2023
Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL–TWENTY ACRES
(A-20a) TO AGRICULTURAL–TEN ACRES (A-lOa) AT KALOKO,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:003
(Applicants: Charles Stevenson, Ann Stevenson, and John Fumo)
(Area: 22.665 Acres)
The Leeward Planning Commission forwards its favorable recommendation for this
change of zone request, which would allow the applicants to request subdivision of
the property in two 11.3325 acre lots to accommodate existing single-family
dwellings on each lot. The property is located at 73-4375 Haleamau Street,
approximately 570 feet northeast of its intersection with Kaloko Drive, Kaloko
Mauka Subdivision, North Kona.
Reference: Comm. 210
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-17
(Note: Comm. 210.1, from Council Member Holeka Goro Inaba dated May 11,
2023, transmitting proposed amendments to Bill 41, was circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 41 on first reading and adopt
Legislative Approvals and Acquisitions Committee Report
No. 17. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you. We do have the applicant's representative
Mr. Pipan—here as well as our Deputy Director of Planning if anyone has
questions. I do have an amendment today regarding Condition N, as a result of
the passing of Bill 194. If anyone—all right. We'll move forward, then, with the
amendment.
Motion to Amend: Mr. Inaba moved to amend Bill 41 with the contents of
Comm. 210.1. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Discussion on the amendment.
MR. INABA: Yes, thank you. So this is in our pinkie folder for today. I sent
over this language to the Planning Department as well as Corporation Counsel
regarding the extensions. So it'll now read—Condition N will now read, "An
initial extension of time for the performance of conditions within the ordinance
may be requested in accordance with Section 25-2-44 of the Hawaii County
Code." And we did this more so as a courtesy being that language always existed
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Hawaii County Council-12 May 17,2023
in our rezoning ordinances that guided applicants to their extension request
options. We just wanted to provide it since it's in the Code now. So I ask for my
colleagues' support on this amendment.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Lee Loy.
MS. LEE LOY: Thank you. Thank you, Mr. Inaba, for this amendment. And if I
heard correctly from the applicant at our last Committee meeting, this was
something that they actually supported and were kind of in transition with.
Mr. Pipan.
(Note: At this time, John Pipan of Land Planning Hawaii, LLC, came
forward to address the members of the Council.)
MR. PIPAN: Thank you. We are in support of this amendment. Five years is
ample time to complete the subdivision. So no problems with the amendment.
Thank you.
MS. LEE LOY: Thank you. Thank you, Mr. Pipan. Mr. Inaba, in support of.
Thanks. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion
on the amendment? Council Member Evans, you're all good?
MS. EVANS: Yes.
CHR. KIMBALL: All right. All those in favor of amending Bill 41 with the
contents of Communication 210.1,please say "aye."
Vote on Motion to The motion to amend Bill 41 with the contents of
Amend: Comm. 210.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 41 is amended. Back to the main motion.
MR. INABA: Thank you. I think we had adequate discussion at Committee, and
I ask for my colleagues' support in moving this along.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any discussion on the main
motion? Seeing none, all those in favor please say "aye."
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Hawaii County Council-12 May 17,2023
Vote on Bill 41: The motion to pass Bill 41, as amended to Draft 2, on first
Draft 2 reading and adopt Legislative Approvals and Acquisitions
(Approved) Committee Report No. 17 was carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 41 is approved at first reading, as amended. At this time,
please let the thank you, Mr. Pipan, for being here. Thank you, Deputy
Director, as well. I appreciate your patience.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Inaba.
Bill 44: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAII COUNTY
(Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY
FOOD SUSTAINABILITY USE ASSESSMENTS AND NONDEDICATED
AGRICULTURE USE ASSESSMENTS
Seeks to implement recommendations of the Real Property Tax Review Working
Group and Agricultural Committee's September 2019 Final Report and the
2021 Annual Report of the Real Property Tax Board of Review by: establishing a
sunset date for the definition of"Nondedicated agricultural use assessment"; adding
a new definition for"Community food sustainability use"; establishing a sunset date
for Section 19-57 of the Hawaii County Code; and establishing a new section titled
"Community food sustainability use assessment".
Reference: Comm. 218.3
Intr. by: Ms. Kimball and Ms. Galimba
Approve: FC-51
Motion to Approve: Ms. Kimball moved to pass Bill 44, Draft 2, on first
reading and adopt Finance Committee Report No. 51.
Seconded by Ms. Galimba.
ACTING CHR. INABA: Chair Kimball.
MS. KIMBALL: Thank you, Vice Chair Inaba. At this stage, I'm also going to
suggest if we want to continue with this particular bill, that it also get postponed
to the June 21"meeting. That said, the idea here was to phaseout the
nondedicated program and replace it with other programs, one being a short-term
three-year dedicated program. That particular program is not probably alone
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Hawaii County Council-12 May 17,2023
going to capture everybody that's in the nondedicated program. And so I wanted
to put forth this other thing that would capture folks that are contributing to food
systems and still allow them to get a tax benefit. It's slightly different because it
is not a dedication for any length of time. It's a year-to-year thing.
But because the way that this is drafted, and this was intentional, if this body is
not interested in proceeding with the community food sustainability program, I'd
like to actually withdraw this at this time and just introduce a bill to phase out—to
sunset the nondedicated ag program. So that's what I'm asking for as far as brief
discussion today. If there is continued interest in the community food
sustainability program, we'll postpone to June 21st. If there is not and folks are
not interested in standing up this program, then I'd like to stop it here and then
come back with just the phaseout of the nondedicated ag program. Thank you. I
yield, Chair.
ACTING CHR. INABA: Council Members, discussion?
MS. EVANS: Chair?
ACTING CHR. INABA: Council Member Evans.
MS. EVANS: Thank you. I would support withdrawal at this time. I'd really
like to focus on Bill 28. And Bill 44, I don't know. Throwing in not this. But
this particular bill, the time we're having, the other discussions, it just was very
difficult to kind of follow what the true impact was going to be. It'd be nice to
withdraw and then come back with what your intent is. But if we were to proceed
with it today and postpone it, I did have some concerns about enforcement and
how the department would enforce it. And we do have Lisa here. Lisa, do you
mind coming up? I do have one question.
(Note: At this time, Real Property Tax Administrator Lisa Miura and
Assistant Real Property Tax Administrator Keita Jo came forward to
address the members of the Council.)
MS. EVANS: There are comments in this bill about a portion of the lands might
be used for some food production. And then it gets down to when you apply,
you'll have one of the following, and you may or may not have a farm plan. So
how would you enforce knowing what the percentage of the property is really
going to be used for community food—how would you ever know that? I just
was concerned about enforcement.
MS. MIURA: All right. Good morning, everyone. Lisa Miura, Real Property
Tax Administrator. In Hilo at the table is also Keita Jo, Assistant Real Property
Tax Administrator, and I may turn part of this over to him if it gets more complex
with the numbers. In regards to the nondedicated ag program, I believe the main
reason that not only did the working review group and our office feel like changes
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Hawaii County Council-12 May 17,2023
were needed, because we are struggling on accurately holding everybody's feet to
what the Council had intended because the nondedicated ag program was written
very loosely. And so, as mentioned before, there's a lot of loopholes that are in
here where people seem to be using it more as open space or holding on to it for
their land banking for the future, and that's at a cost to the other taxpayers.
In regards to the documentation being required here, it is more than what is
currently in the nondedicated agricultural program. So it would help us a little bit
more, and still not perfect probably, and I don't think it ever will be, but it's
getting us a lot closer to a program that our office can manage. Right now, there's
over 8,000, I believe,parcels in the nondedicated agricultural program.
And in regards to your question of how do we know what portion is being utilized
and not, we use several different resources. If the parcel is really large and it's
not something that we can drive and walk through the property, there's also
pictometry imagery that is being updated more and more frequently that we can
look to and question the owner of the land about, "What is happening on this part
of it? It looks like it's been in fallow for four years, not just six months." Keita,
did you want to add anything to that?
MR. JO: Keita Jo, Assistant Administrator for Real Property Tax. I just wanted
to add that, as Lisa mentioned, the preference is to do a site inspection. And
we're looking for active, continuous use for those portions. And so that's a huge
driver of how we determine what portions of the property are being utilized for
the agricultural use.
MS. EVANS: Okay. And then there was a comment possibly of just phasing out
nondedicated. Have you been in the middle of those discussions, how that would
affect our taxes?
MS. MIURA: Yeah, so there was discussion at one time by some of just getting
rid of the nondedicated ag program as other counties have done, and just go to a
dedicated program. And a lot of my staff would absolutely love the idea of that;
however, you have over 8,000 parcels in there. And so I'm not sure they are all
prepared to either dedicate or completely lose their exemption not the
exemption but the lower agricultural value that's attributed to it. They would not
all qualify for the dedicated program. So not everybody in the nondedicated ag
program could qualify for the dedicated.
MS. EVANS: Right. Okay, thank you. So, going back to Chair Kimball's
comment, maybe withdrawing it at this time. Again, it'd be great to maybe have
more discussion. And if you withdraw it, I assume you can bring it back in the
near future. But anyway, thank you. I yield.
ACTING CHR. INABA: Thank you, Council Member Evans. Chair Kimball?
Okay. Council Member Kagiwada.
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Hawaii County Council-12 May 17,2023
MS. KAGIWADA: Thank you, Chair. I'm absolutely in favor of phasing out the
nondedicated ag program. It seems like that's been highlighted by many groups
and individuals who have looked at this, including your office, as being
problematic. We've talked about the issues with the land banking and the
gentleman farmers and people taking advantage of a nondedicated ag rate when
they're not actually doing any kind of ag. So I really do support that. And I do
feel like we would be penalizing quite a few people who are doing some ag but
cannot make that jump to either the three-year or the ten-year dedicated programs.
So, for that reason, I really think something like this is really important. I don't
know that every single issue is ironed out, but I would hate to see it be completely
taken off the table. I'd rather see it either paused or, in some way, be able to
return to this because I do think a lot of individuals in our County would see a big
jump in their tax rates when they're really trying to do the right thing and use their
land for some ag use. So yeah. So that's how I feel on it. Thanks.
ACTING CHR. INABA: Council Member Lee Loy.
MS. LEE LOY: Thank you. And I know my colleague is looking for input if we
withdraw or if we pause. I would love to see it sit and simmer a little bit. We've
talked about taxes and real property taxes, and a lot of levers, a lot of dials, and
just—we're trying to dive it in just right to make sure we continue to cover our
needs at the County when it comes to all the goods and services that we provide,
but also making sure that there's no sticker shock for our constituency. And so,
as requested, I would love to see it simmer. And some of the other bills that I
know we have related to real property tax, kind of talking about them all in
totality. What I don't want to do is pull it off the table, and then we wouldn't
have this other broad discussion when we look at all of our real property tax bills
that we have kind of simmering around, whether it's at first or second or down in
Committee coming up. So that's where I'm at. I yield.
ACTING CHR. INABA: Mahalo. Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I'm in support of moving this bill forward to
the 21st, echoing the sentiments of my colleagues. Our office had asked Real
Property Tax, and we're working on obtaining that information so that we can
share with our constituents the suite of options that are available through the
various bills that are in front of us right now, that we're deliberating on that will
impact how they move forward within the real property tax space. And so we just
need a little bit more time. And again, I would hate to take something off the
table prematurely, and want to keep all options on the table so that we can make
an informed decision based on what our constituency is going to be doing and
selecting based on the options that we are providing. So let's carry it forward to
June. If anything, we can make decisions onI want some clarification too. Is
there—what precludes you from just removing the section on the sustainability
use piece?
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Hawaii County Council-12 May 17,2023
MS. KIMBALL: The title.
MS. KIERKIEWICZ: Okay. Thank you. I appreciate that. Chair, I yield.
ACTING CHR. INABA: Mahalo. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Keita or Lisa, let's say someone
was in the dedicated ag program and they lose that. What is the jump in value?
Maybe not value. What is the jump in their assessment or the rate?
MR. JO: Let me pull out my handout from our presentation.
MR. KANEALI`I-KLEINFELDER: Thank you.
MR. JO: Essentially, it would go up to market value, right, because you're
providing an agricultural use assessment, which is substantially lower. So I
believe I used the scenario a couple weeks back on if someone had no agricultural
use benefit on a $400,000 property, they'd be paying $3,700 in taxes. That same
$400,000 property probably would be close to a minimum tax if they were in a
dedicated agricultural use program, which is $200. So it's a substantial savings
alone. You're talking $3,500 a year.
MR. KANEALI`I-KLEINFELDER: And then if we move forward with this bill,
which would allow them if they were a community food sustainability use and
they were granted that, they would get what?
MR. JO: Their savings would be $2,600 a year.
MR. KANEALI`I-KLEINFELDER: So, currently, no special, what's the correct
word, assessments? No special assessments they get. They pay $3,600, $3,700 a
year. With the dedicated ag program that we have right now, they pay minimum
tax, $200 a year. This is just the example that you gave us, yeah. And then if we
were to do away with it and they entered this program, they would get the $2,600
a year? $2,700 a year?
MR. JO: They would pay $1,100 a year. They would save $2,600 from that,
yeah.
MR. KANEALI`I-KLEINFELDER: Oh, they save $2,600. Okay, so, if one of
the bills creates a problem, this bill fixes it.
MR. JO: I think the way it's positioned is that this provides an alternative with a
few more guardrails than what currently exists.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you. Yeah, I would say leave
this on the table. If you take it off the table, then the potential is that we don't
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Hawaii County Council-12 May 17,2023
have a fallback for people who truly are doing ag and understanding that we're
trying to move away from that dedicated nondedicated ag use program so that
there's still something to catch everyone if they fall, but to get everyone else
who's using it for other reasons off. Okay, fair enough. Thank you.
ACTING CHR. INABA: Chair Kimball.
Vote on Motion to Ms. Kimball moved to postpone Bill 44, Draft 2, to
Postpone: June 21, 2023. Seconded by Ms. Lee Loy and carried by
(Approved) the following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, and Acting Chair Inaba—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
ACTING CHR. INABA: Bill 44, Draft 2, is postponed. Mahalo to our Real
Property Tax Division.
Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to
Chair Kimball.
Bill 45: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the Federal Grants —QUEST (Quality Jobs, Equity,
Strategy, and Training) Disaster Recovery account($965,000); and appropriates the
same to the QUEST Disaster Recovery account. Funds would be used to assist
individuals who have been adversely affected by the COVID-19 pandemic to enter,
return to, or advance in high quality jobs.
Reference: Comm. 263
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-52
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Hawaii County Council-12 May 17,2023
Vote on Bill 45: Mr. Kaneali`i-Kleinfelder moved to pass Bill 45 on first
(Approved) reading and adopt Finance Committee Report No. 52.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 45 is approved at first reading.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 42: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Fund Balance From Previous Year account($47,000); and
appropriates the same to the Golf Course Other Current Expenses account to cover
higher than anticipated utility expenses.
Reference: Comm. 213
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: May 3, 2023
Vote on Bill 42: Mr. Kaneali`i-Kleinfelder moved to pass Bill 42 on second
(Adopted) and final reading. Seconded by Ms. Galimba and carried
by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 42 is adopted at second and final reading.
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Hawaii County Council-12 May 17,2023
Bill 46: 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 Mass Transit Bus Stop ADA (Americans with Disabilities) Compliance—
Federal Highway ($1,000,000) and County ($250,000)projects to the Capital
Budget. Funds for these projects shall be provided from Federal Grants Receivable
($1,000,000) and General Obligation Bonds, Capital Projects Fund—Fund Balance
and/or Other Sources ($250,000), and would be used to design and construct ADA
pads for passengers to board buses at safe locations and install other improvements
for ADA compliance.
Reference: Comm. 265
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: May 3, 2023
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 46: Mr. Kaneali`i-Kleinfelder moved to pass Bill 46 on second
(Adopted) and final reading. Seconded by Ms. Lee Loy and carried
by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Bill 46 is adopted at second and final reading.
Bill 47: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Fund Balance from Previous Year account($700,000);
and appropriates the same to the Highway Maintenance Administration Equipment
account to cover unanticipated expenses for equipment.
Reference: Comm. 266
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: May 3, 2023
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 47 on second
and final reading. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Any discussion?
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Hawaii County Council-12 May 17,2023
MR. KANEALI`I-KLEINFELDER: Yes,please.
CHR. KIMBALL: Make it quick. We're almost at the time. Go ahead.
MR. KANEALI`I-KLEINFELDER: What was that?
CHR. KIMBALL: We're almost at the time that Sue called for being done today.
Go ahead.
MR. KANEALI`I-KLEINFELDER: I just wanted to say Neil Azevedo reached
out to me and just—he asked us to get this in, and Ms. Sako was good enough to
kind of fire it in to the Council. They're very appreciative of the funding. They
need it. And on that note, they are doing a lot right now. I mean, it's hard to go
anywhere in the County right now, especially in Hilo, without hitting traffic.
That's because everywhere is being improved, and I just really appreciate the
braddahs and sistahs that are working for our Highways Division and what they're
doing. So, with that, I yield.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any
further discussion? Seeing none, all of those in favor please say "aye."
Vote on Bill 47: The motion to pass Bill 47 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball –8.
Noes: None.
Absent: Council Member Villegas – 1.
Excused: None.
CHR. KIMBALL: Bill 47 is adopted at second and final reading.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
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Hawaii County Council-12 May 17,2023
ADJOURN- The Chair directed the Council to proceed to the next order of business,
MENT: Adjournment.
Motion to Adjourn: There being no further business, at 11:24 a.m., Mr. Inaba
moved to adjourn the meeting. Seconded by Ms. Lee Loy.
CHR. KIMBALL: All those in favor
MR. KANEALI`I-KLEINFELDER: Wait. I have discussion.
CHR. KIMBALL: You have discussion?
MS. LEE LOY: On the adjournment.
MR. KANEALI`I-KLEINFELDER: I wanted to say one thing.
CHR. KIMBALL: Okay.
MR. KANEALI`I-KLEINFELDER: I wanted to mahalo Ms. Tsuneda for the
lunches that she's been giving us. They're amazing. And I also have to say
mahalo to Sherry for providing Jolly Ranchers. I've been eating most of them.
Thank you.
CHR. KIMBALL: Thank you, Council Member. All those in favor of the
adjournment, please say "aye."
Vote on Motion to The motion to adjourn the meeting was carried by the
Adjourn: following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-12 May 17,2023
CHR. KIMBALL: We are adjourned at 11:24. We will reconvene tomorrow at
9 a.m. for the hearing on the budget. Thank you.
Council Approval: JUN 2 1 2023
COUN - - '1
JH/dg
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