HomeMy WebLinkAboutMIN COUNCIL 2023-10-18 2022-2024 Hawaii County Council
241h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
October 18, 2023
INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball,
Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo; came in
later)
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
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, Mr. Inaba presented the October 2023 Haweo Award to
EXPRESSIONS OF South Kohala Patrol Officer Richard Nery, Jr., of the Hawaii Police Department.)
CONDOLENCE:
Recess: At 9:12 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:14 a.m.
Hawaii County Council-24 October 18,2023
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:
Timothy Rowan: Res. 316-23 (Comm. 541), in support.
(representing Black Sands
Community Property Owners
Association and Malama
O Puna)
Jessica Wilkes: Res. 316-23 (Comm. 541), in support.
Colonel Deb Lewis: Res. 289-23 (Comm. 500), in support.
Glenn Carvalho: Res. 302-23 (Comm. 513), in support.
Marlene Johnson: Res. 294-23 (Comm. 505), in support.
(representing Civil Air Patrol)
Eileen O'Hara: Res. 311-23 (Comm. 534); and
Res. 316-23 (Comm. 541), in support.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval Ms. Lee Loy moved to approve the Minutes of
of Minutes: September 20, 2023. Seconded by Mr. Inaba and carried
(Approved) by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: With that we'll take just a couple of items out of order. Let's
do our reports first,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:
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Hawaii County Council-24 October 18,2023
GOEAC-78 NOMINATION OF AMEDEO MARKOFF TO THE PUBLIC ACCESS, OPEN
(Comm. 459): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
Requires Council
Confirmation by: October 29, 2023 (Section 134(k),
Hawaii County Charter)
Vote on GOEAC-78: Ms. Kierkiewicz moved to adopt Governmental Operations
(Adopted) and External Affairs Committee Report No. 78. Seconded
by Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: The nomination of Amedeo Markoff is approved. Let's go to
bills for first reading. Bill No. 73,please.
Bill 73: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Appropriates revenues in the 2023 Emergency Proclamation Homeless Programs —
Federal account($2,000,000); and appropriates the same to the 2023 Emergency
Proclamation Homeless Programs account($1,900,000); and the 2023 Emergency
Proclamation Homeless Programs —Administration account($100,000). Funds
would be used to support the implementation and on-going operations of a new
homeless shelter program.
Reference: Comm. 482
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-84
Vote on Bill 73: Ms. Lee Loy moved to pass Bill 73 on first reading and
(Approved) adopt Finance Committee Report No. 84. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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Hawaii County Council-24 October 18,2023
CHR. KIMBALL: Bill 73 is approved at first reading. We'll also take the
companion resolution. I should have done that first. That's 284, please.
Res. 284-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES
Allows for the receipt of$2,000,000 in federally-derived funds to support the
implementation and on-going operations of a new homeless shelter program.
Reference: Comm. 482
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-83
Vote on Res. 284-23: Ms. Lee Loy moved to adopt Res. 284-23 and Finance
(Adopted) Committee Report No. 83. Seconded by Ms. Galimba and
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: Resolution 284-23 is approved. If we now can go to Bill 70
for second reading.
Bill 70: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Appropriates revenues in the Home Program —Tenant-Based Rental Assistance
Fraud Recovery Income account($5,000); and appropriates the same to the Tenant-
Based Rental Assistance Fraud Recovery Income account to allow for the receipt of
funds recovered from tenants who have committed fraud.
Reference: Comm. 448
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: October 4, 2023
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Hawaii County Council-24 October 18,2023
Vote on Bill 70: Ms. Lee Loy moved to pass Bill 70 on second and final
(Adopted) reading. Seconded by Ms. Galimba and carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: We can now go to Bill 71,please.
Bill 71: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Block Grant Program Income account($150,000); and
appropriates the same to the West Hawaii Emergency Shelter and Facility Energy
Efficiency Improvements account, bringing the total appropriation to $300,000.
These additional funds will be used to renovate the facility in accordance with the
Fiscal Year 2023 Community Development Block Grant Annual Action Plan.
Reference: Comm. 449
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: October 4, 2023
Vote on Bill 71: Ms. Lee Loy moved to pass Bill 71 on second and final
(Adopted) reading. Seconded by Ms. Galimba and carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: With that we will start at the top and just chug through this.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Items in this category were taken up previously, out of order.)
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Hawaii County Council-24 October 18,2023
Res. 263-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF ALL OR A PORTION OF THE
PROPERTY IDENTIFIED AS TAX MAP KEY: 2-8-008:100, SITUATED IN
THE `ILI OF PEPE`EKEO, AHUPUA`A OF MAKAHANALOA, DISTRICT OF
HILO, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND
The County seeks to acquire approximately 38.25 acres of land to protect cultural
and natural resources and freshwater springs and streams, preserve and plant native
coastal plants, revive agricultural lands as agroforest, facilitate managed public
access for fishing and gathering sites, and enable community-based management
and stewardship. The parcel is listed as priority number eight in the 2021 Annual
Report of the Public Access, Open Space, and Natural Resources Preservation
Commission.
Reference: Comm. 460
Intr. by: Ms. Kimball
Approve: LAAC-33
Motion to Approve: Ms. Galimba moved to adopt Res. 263-23 and Legislative
Approvals and Acquisitions Committee Report No. 33.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: If you folks will humor me quickly, I did ask if I could just
pop up a picture on the screen of this particular property. I don't know if that
was—were we able to work that out? While we're waiting for the picture, any
further discussion on this particular item? Go ahead.
MR. INABA: I just wanted to circle back and thank the testifiers who did come
for the Committee hearing in support of this resolution, most importantly for the
work that they're already doing and the work that we look forward to them
continuing. And again, double down on the request to see this acquisition happen
for North Hilo. Mahalo.
CHR. KIMBALL: Thank you so much, Vice Chair Inaba. Are we able to get it
up? We're working on it? Okay. Well, it's—I'll just briefly state, yeah, thank
youoh, there we go. I just wanted to share this because I had the opportunity to
go out again last week, and it was just such a beautiful, gorgeous day. This is
actually a view from a different property. And the entire shoreline that you see
there is part of this property. So it is going to be a wonderful asset for the County,
and I just thank everybody for their continued support of this resolution. Thank
you for the help in getting that up there. All right, any further discussion?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. KIMBALL: Yes, go ahead, Council Member Kaneali`i-Kleinfelder.
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Hawaii County Council-24 October 18,2023
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. I wanted to lend my support
for this resolution. The coastline in this area is absolutely gorgeous. I've spent
some time there over the years. I'm always in awe of this section of coastline just
because of the way the cliffs drop into the water, the ironwood trees along the
water, the holoholo grounds you have, and just the overall feel. So I really
appreciate this resolution and what you're doing for your community. Thank you.
CHR. KIMBALL: Thank you, Council Member. Council Member Galimba.
MS. GALIMBA: I just wanted to, of course, support this and just say that it's
wonderful to see the land bringing people together. So it's not just a piece of
land; it's about healing and moving forward, too, and in a really positive way. So
just wonderful seeing PONC (Public Access, Open Space, and Natural Resources
Preservation Commission) used not just for land preservation but for social
preservation and evolution or something like that. Thanks for bringing this
forward.
CHR. KIMBALL: Thank you, Council Member Galimba. Council
Member Lee Loy.
MS. LEE LOY: I wanted to share the same. I think, oftentimes in the past, a
PONC purchase was for preservation of`aina, and it was because people were
looking towards those pieces of property for other uses. But in this particular case
not only did we preserve a beautiful asset, but it really galvanized the community,
something that is always very challenging; and that this property, that `aina, did
that for community actually tells a larger story of how important that really is.
So, really appreciate not only this piece of legislation and what we see before us,
but a lot of the kauna that's actually woven into this purchase. So congratulations
not only to you, Ms. Kimball, but for that entire community. I yield.
CHR. KIMBALL: Thank you so much, Council Member Lee Loy. Anyone else?
Thank you for that. This is a whole package. It's more than just the land. It is
this process of healing that's happening for the community and bringing people
together. So, very excited about—this one's near and dear to my heart. With
that, all those in favor please say "aye."
Vote on Res. 263-23: The motion to adopt Res. 263-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 33 was
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball–9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-24 October 18,2023
CHR. KIMBALL: Resolution 263-23 is adopted.
Res. 281-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE LANDFILL BULLDOZER FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement at an approximate
monthly cost of$21,667 to replace equipment that has reached its end of life.
Reference: Comm. 479
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-80
Vote on Res. 281-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 281-23 and
(Adopted) Finance Committee Report No. 80. 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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 281-23 is adopted.
Res. 282-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE LANDFILL COMPACTOR FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement at an approximate
monthly cost of$25,000 to replace equipment deemed inoperable due to fire loss.
Reference: Comm. 480
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-81
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Hawaii County Council-24 October 18,2023
Vote on Res. 282-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 282-23 and
(Adopted) Finance Committee Report No. 81. 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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 282-23 is adopted.
Res. 283-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
THE HAWAII COUNTY POLICE DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement for Tasers and
associated equipment to be utilized by Police Officers island wide.
Reference: Comm. 481
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-82
(Note: Comm. 481.1, from Finance Director Deanna Sako dated October 11,
2023, transmitting information regarding Res. 283-23, was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 283-23 and
Finance Committee Report No. 82. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Any discussion?
MR. KANEALII-KLEINFELDER: Chair, there was a communication filed this
morning, 481.1, and sorry, actually filed October I Ph, Communication 481.1,
that provided information from the Director of Finance regarding some of the
questions raised on this resolution as far as cost and the different incidental
information as well. There was a want for more information, which is why it's
provided to the Council. Is anything further needed at this time for the Council
Members?
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Are there
any additional questions from folks? Council Member Inaba.
MR. INABA: No. I just want to state for the record what is contained in 481.1.
So it's approximately 484 Taser units at a cost of$430,740 per year, which is
being approved via Resolution 283-23. Thank you.
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Hawaii County Council-24 October 18,2023
CHR. KIMBALL: Thank you, Council Member Inaba. Any other discussion on
this item? Seeing none, all those in favor please say "aye."
Vote on Res. 283-23: The motion to adopt Res. 283-23 and Finance Committee
(Adopted) Report No. 82 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 283-23 is adopted.
Res. 285-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
KOHALA LIHIKAI
Approves a grant of$36,651 to Kohala Lihikai, a 501(c)(3)nonprofit organization,
to provide land stewardship and cultural education for the Halawa(Hale O K5'ili)
property (Tax Map Key: 5-3-007:022), pursuant to Section 10-16(h) of the Hawaii
County Charter.
Reference: Comm. 494
Intr. by: Ms. Evans
Approve: LAAC-34
Motion to Approve: Ms. Evans moved to adopt Res. 285-23 and Legislative
Approvals and Acquisitions Committee Report No. 34.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Evans.
MS. EVANS: We had good discussion at Committee. Thank you.
CHR. KIMBALL: Great. Thank you. Anyone else? Seeing none, all those in
favor please say "aye."
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Hawaii County Council-24 October 18,2023
Vote on Res. 285-23: The motion to adopt Res. 285-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 34 was
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 285-23 is adopted.
Res. 286-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
KOHALA LIHIKAI
Approves a grant of$59,298 to Kohala Lihikai, a 501(c)(3)nonprofit organization,
to provide land stewardship, wildfire mitigation, and cultural education for the
Kaiholena property (Tax Map Keys: 5-8-001:011, 019, 020, 021, 022, and 023),
pursuant to Section 10-16(h) of the Hawaii County Charter.
Reference: Comm. 495
Intr. by: Ms. Evans
Approve: LAAC-35
Motion to Approve: Ms. Evans moved to adopt Res. 286-23 and Legislative
Approvals and Acquisitions Committee Report No. 35.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Any discussion?
MS. EVANS: A good program and a great group. We discussed it at Committee.
Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion?
Seeing none, all those in favor please say "aye."
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Hawaii County Council-24 October 18,2023
Vote on Res. 286-23: The motion to adopt Res. 286-23 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 35 was
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 286-23 is adopted.
Res. 288-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE AN ICE MACHINE FOR THE PAHALA
FIRE STATION
Transfers $5,300 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Hawaii Fire Department, Fire Auxiliary
Services Equipment account.
Reference: Comm. 499
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 288-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. Just asking for my colleagues' support.
CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please
say "aye."
Vote on Res. 288-23: The motion to adopt Res. 288-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 288-23 is adopted.
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Hawaii County Council-24 October 18,2023
Res. 289-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND
RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST
WITH EXPENSES RELATED TO THE 2023 HAWAII ISLAND VETERANS
DAY PARADE
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 500
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 289-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Again, asking for my colleagues' support, and also thanking
Colonel Lewis for all that she does for our community and for this event.
CHR. KIMBALL: Thank you, Council Member Galimba. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 289-23: The motion to adopt Res. 289-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 289-23 is adopted.
Res. 290-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH
PURCHASING CERTIFIED AGRICULTURAL SCALES
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Police Department, Police Administration
Division-Equipment account.
Reference: Comm. 501
Intr. by: Ms. Galimba
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Hawaii County Council-24 October 18,2023
Motion to Approve: Ms. Galimba moved to adopt Res. 290-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Asking for my colleagues' support to purchase these scales so
that HPD (Hawai`i Police Department) can pursue agricultural theft cases with
accurate data.
CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion?
Council Member Evans.
MS. EVANS: In strong support. Yes, ag theft is a big issue, and if this tool will
help us with convictions then count me in. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 290-23: The motion to adopt Res. 290-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 290-23 is adopted.
Res. 291-23: 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 JAPANESE
CENTER FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`I'S
2023 BUNKA NO HI EVENT
Transfers $1,750 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 502
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 291-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Lee Loy.
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Hawaii County Council-24 October 18,2023
MS. LEE LOY: Happy to join the rest of my colleagues with this support. I
yield.
CHR. KIMBALL: Thank you. Any additional discussion? Seeing none, all
those in favor please say "aye."
Vote on Res. 291-23: The motion to adopt Res. 291-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 291-23 is adopted.
Res. 292-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE KEAUKAHA SCHOOL
FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL
ACTIVITIES IN THE 2023-2024 SCHOOL YEAR
Transfers $2,710 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 503
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 292-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: This one's for the tittles; always fun. But I just want to remind
my colleagues, on our last agenda we approved carts for the zoo. And this
funding actually gets the preschool kids at Keaukaha on excursions to the zoo. So
just love how we, as a body, kind of help support community in many different
ways. Ask for my colleagues' support. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further
discussion? Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. And thank you for supporting this
important issue, to my colleague there. We know that young children are not
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Hawaii County Council-24 October 18,2023
empty vessels for information to be poured into. That's not how they learn. They
learn by the hands-on. They learn by the interactives. So this is extremely
important and I really support. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Seeing none, all those in favor please say "aye."
Vote on Res. 292-23: The motion to adopt Res. 292-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball–9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 292-23 is adopted.
Res. 293-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE
TO ASSIST WITH EXPENSES RELATED TO THE CELEBRATE `OHANA
FESTIVAL IN WEST HAWAII
Transfers $1,000 from the Clerk-Council Services –Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 504
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 293-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: Just right in line with some of the other resolutions here today
with asking for funding and support from my colleagues for organizations that are
working to benefit our very young people. It's such an integral time of life and
opportunities to connect those that have the priceless opportunity to influence our
young littles—the littles in our community. So I just ask for our colleagues'
support for this funding.
CHR. KIMBALL: Thank you, Council Member Villegas. Any other discussion?
Seeing none, all those in favor please say "aye."
Page 16
Hawaii County Council-24 October 18,2023
Vote on Res. 293-23: The motion to adopt Res. 293-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 293-23 is adopted.
Res. 294-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII
VETERANS CEMETERY-PUU HO`OMAHA O NA POB KOA O HAWAII
KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY
Transfers $1,250 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 505
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 294-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Any discussion? Seeing none, I will compliment our Clerk
again for getting that mouthful out. All those in favor, please say "aye."
Vote on Res. 294-23: The motion to adopt Res. 294-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 294-23 is adopted.
Page 17
Hawaii County Council-24 October 18,2023
Res. 295-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO SANCTUARY OF
MANA KE`A GARDENS TO ASSIST WITH EXPENSES RELATED TO ITS
WELLNESS THROUGH AGRICULTURE MANIFESTIVAL AT HALE
HALAWAI
Transfers $3,785 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 506
Intr. by: Mr. Inaba
Vote on Res. 295-23: Mr. Inaba moved to adopt Res. 295-23. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 295-23 is adopted.
Res. 296-23: 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 JAPANESE
CENTER FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`I'S
2023 BUNKA NO HI PROGRAM
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 507
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 296-23. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Just joining a few of my colleagues in
support of this event, which takes place on Saturday, November 18''. They're
going to be starting at the Aupuni Center in Hilo and parading to Sangha Hall
where official festivities will begin at ten. Lots of cultural demonstrations, taiko,
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Hawaii County Council-24 October 18,2023
and lots of great food. And I believe that they will have little kimono for our
keiki to wear and take a photo in. So please join us Saturday, November 18''.
Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 296-23: The motion to adopt Res. 296-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 296-23 is adopted.
Res. 297-23: 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 JAPANESE
CENTER FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`PS
2023 BUNKA NO HI PROGRAM
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 508
Intr. by: Ms. Kimball
Vote on Res. 297-23: Mr. Inaba moved to adopt Res. 297-23. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 297-23 is adopted.
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Hawaii County Council-24 October 18,2023
Res. 298-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH
CENTER, INC., FOR THE HONOKA`A RENAISSANCE FAIRE
Transfers $5,000 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. 509
Intr. by: Ms. Kimball
Motion to Approve: Mr. Inaba moved to adopt Res. 298-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Any discussion? I'd just quickly like to thank the Parks and
Rec. (Recreation) staff for working with the community to help get this event
organized and set up. It was a little bit of a heavy lift. So, really appreciate the
staff's help on that, and invite everybody to come up to Honoka`a on the 11of
November for a really fun event. All those in favor of adopting
Resolution 298-23, please say "aye."
Vote on Res. 298-23: The motion to adopt Res. 298-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 298-23 is adopted.
Res. 299-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO ASSIST THE HAWAII POLICE DEPARTMENT WITH
PURCHASING A CERTIFIED AGRICULTURAL SCALE FOR ITS HILO
STATION
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Police Department, Police Administration
Division-Equipment account.
Reference: Comm. 510
Intr. by: Ms. Kimball
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Hawaii County Council-24 October 18,2023
(Note: Comm. 510.1, from Council Chair Heather L. Kimball dated October 18,
2023, transmitting testimony from Acting Police Chief Andrew Burian, was
circulated.)
Vote on Res. 299-23: Mr. Inaba moved to adopt Res. 299-23. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 299-23 is adopted.
Res. 300-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAII
VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION
TO ASSIST WITH EXPENSES RELATED TO ITS WORLD WAR II
MEMORIAL PROJECT
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 511
Intr. by: Ms. Evans
Motion to Approve: Ms. Evans moved to adopt Res. 300-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Any discussion? Council Member Evans.
MS. EVANS: Thank you. I ask for your favorable support. I encourage anyone
on this island who has not visited the West Hawaii Veterans Cemetery, invite
you to come and see how hard the veterans are working to honor those who have
fallen and served in different wars. There's several memorials out there. And
now they've done Korean and Vietnam and Purple Hearts. This is the new
memorial project they're working on. It's quite expensive to put up these
memorials, and the veterans work really hard to make this happen. So I ask for
your support. Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Lee Loy.
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Hawaii County Council-24 October 18,2023
MS. LEE LOY: I just want to acknowledge what a sizable contribution it is out
of your contingency fund. Oftentimes, we'll put a couple thousand dollars here,
but this is a nice chunk of change for our people who have served our
communities. So thank you for that. Really look forward for this memorial to
move forward.
MS. EVANS: Thank you.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 300-23: The motion to adopt Res. 300-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball–9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 300-23 is adopted.
Res. 301-23: 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 ITS 14TH ANNUAL WALK A MILE IN HER SHOES EVENT
Transfers $2,500 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. 512
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 301-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. As you know, the YWCA (Young
Women's Christian Association) does a lot of really important work on our island,
including having a crisis support-24-hour sexual assault crisis hotline that is
available to everybody on the island. This is one of their fundraisers that they do,
not only to raise funds but also to create awareness around sexual assault issues.
Hope you can come out and join October 28h. It's a really cool event; if you
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Hawaii County Council-24 October 18,2023
know any men who might be willing to slap on those high heels and walk around
the block. I'm sure Jon would love to do it. It's a great option to getting that
awareness out there. So just looking for your support. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council
Member Evans.
MS. EVANS: In strong support. I just wanted to thank you for supporting this. I
didn't know this was coming up. These events are really important. I've attended
this once and what really strikes me is when the men really speak up and say
sexual abuse/sexual assault is not okay. But more importantly is they take a stand
and really show maybe people who are actually doing it and trying to raise
awareness to them that it's not okay and there's help out there; there's resources
to break the pattern.
And I also want to point out when it comes to sexual assault, it works both ways.
I think women can assault young babies, young boys; I hate to say it, babysitters,
whatever. It does work both ways. So I think raising awareness on this is very
critical because we have to stop—we just have to break the cycle and hopefully
the next generation won't do it. So thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing
none, if Director Adams is listening, we expect to see you there in your high heel
red boots. All those in favor,please say "aye."
Vote on Res. 301-23: The motion to adopt Res. 301-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Res. 302-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO PEPE`EKEO COMMUNITY
DEVELOPMENT CORPORATION FOR ITS ALOHA `AINA COMMUNITY
EVENTS
Transfers $3,000 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. 513
Intr. by: Ms. Kimball
Page 23
Hawaii County Council-24 October 18,2023
Motion to Approve: Mr. Inaba moved to adopt Res. 302-23. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion? I'll just invite folks to come out and
participate in these Aloha `Rina days. I want to thank Mr. Carvalho, the
unofficial mayor of Pepe`ekeo, for being in attendance. This is an opportunity to
go out and get your hands dirty in that beautiful property that I showed you
earlier. So, encourage people to come by. It's a wonderful way to spend an
afternoon. All those in favor,please say "aye."
Vote on Res. 302-23: The motion to adopt Res. 302-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 302-23 is adopted.
Res. 307-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF
PUBLIC WORKS
Authorizes the Mayor to enter into a five-year lease agreement at an approximate
monthly cost of$91, to be used by the department's Traffic Administration Section
in Hilo.
Reference: Comm. 528
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 307-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 307-23.
(Adopted) Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Inaba— 1.
Excused: None.
CHR. KIMBALL: Resolution 307-23 is adopted.
Page 24
Hawaii County Council-24 October 18,2023
Res. 308-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE
ATTORNEY GENERAL
Allows for the receipt of funds to pay for salaries, fringe benefits, trainings,
equipment, and supplies for the Office of the Prosecuting Attorney's Victim
Assistance Unit.
Reference: Comm. 529
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 308-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 308-23.
(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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 308-23 is adopted.
Res. 309-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR FIVE
MULTI-FUNCTION PRINTERS FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into five-year lease agreements at an approximate
monthly cost of$110 for each printer, to be used by the department's Solid Waste
Division's various offices island wide.
Reference: Comm. 530
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 309-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 309-23.
(Adopted) Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Page 25
Hawaii County Council-24 October 18,2023
CHR. KIMBALL: Resolution 309-23 is adopted.
Res. 311-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO
ASSIST WITH FUNDING YOUTH ENGAGEMENT EVENTS FOR KEA`AU
MIDDLE SCHOOL IN THE 2023-2024 SCHOOL YEAR
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 534
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 311-23. Seconded
by Ms. Galimba.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Some of the comments that Council
Member Villegas said a little bit earlier about the need for us to find ways to
support youth, especially today when they're feeling like a lack of a sense of
belonging and not getting a lot of support. It's a real travesty that the Department
of Education doesn't provide teachers and PTAs (Parent-Teacher Associations)
with funding to do youth activities. So this is one small way in which the Council
can support kids in their district with different youth engagement activities. So
this funding is going to support a lot of things that I think we remember doing
growing up: trick-or-treats at school, school dances, Teacher Appreciation Week.
So just things where kids can feel like they have a sense of agency to do
something for each other. So just looking for everyone's support on this. Thank
you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, all those in favor please say "aye."
Vote on Res. 311-23: The motion to adopt Res. 311-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 311-23 is adopted.
Page 26
Hawaii County Council-24 October 18,2023
Res. 312-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO FULL LIFE TO ASSIST
ABLED HAWAII ARTISTS WITH EXPENSES RELATING TO ITS
COMMUNITY ART EVENTS FOR INDIVIDUALS WITH DISABILITIES
Transfers $6,900 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. 535
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 312-23. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thanks, Chair. Like many of my colleagues, big fan of the
arts, and I believe everyone has the ability to create art. And so, love being in a
position to support an organization that really intentionally reaches out to folks
with disabilities to ensure that they are able to create masterpieces of their own.
Looking for everyone's support. Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member. Council Member Villegas.
MS. VILLEGAS: Thank you, Council Member Kierkiewicz. In my past life, I
had the opportunity to work with and for Full Life and AHA (Abled Hawaii
Artists) in helping to facilitate an event like this here on the west side, and was
deeply touched by the artists and community groups that come together to support
the opportunity for everyone, regardless of our, or because of our unique and
diverse skillsets to find that passion and talent to express themselves through art.
So thank you for supporting this.
CHR. KIMBALL: Thank you, Council Member Villegas. Council
Member Evans.
MS. EVANS: Thank you. In strong support. How does your community publish
these events? Is that okay if I ask this question?
CHR. KIMBALL: Yes, go ahead.
MS. EVANS: Because, this is such a these are really important events that
you're having down in your part of the island. And of course I'm at the opposite
end. So I'm up in North and South Kohala. So how would my community know
what you're doing?
Page 27
Hawaii County Council-24 October 18,2023
MS. KIERKIEWICZ: Chair, if I might respond?
CHR. KIMBALL: Go ahead.
MS. KIERKIEWICZ: Thank you. Full Life Hawaii has a really incredible social
media presence. And so I can definitely put you in touch with Mar Ortaleza who
organizes a lot of these events. He knows folks in every community and I think
would really welcome the opportunity to increase outreach and footholds in your
district, Council Member. So I can put you folks in touch that way. Folks of all
abilities in your community have these opportunities too. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council
Member Lee Loy.
MS. LEE LOY: In support. To my colleague Ms. Kierkiewicz, thank you. I
think oftentimes programs that are out in community don't recognize the work
that we have to do for our disabled individuals; requires more attention. You
need sign language interpreters. You need special supplies or just—and a venue
that actually can accommodate them, which oftentimes drives up costs. So thank
you so much for looking out for all of our families, especially those with special
needs.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All
right, seeing none, all those in favor please say "aye."
Vote on Res. 312-23: The motion to adopt Res. 312-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball –8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder– 1.
Excused: None.
CHR. KIMBALL: Resolution 312-23 is adopted.
Page 28
Hawaii County Council-24 October 18,2023
Res. 313-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK
NEIGHBORHOOD WATCH FOR COMMUNITY ENGAGEMENT AND
HOLIDAY EVENTS
Transfers $6,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 536
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 313-23. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Shout-out to Judy Houle who serves as
our Puna Neighborhood Watch coordinator for the entire region. She also has a
CERT (Community Emergency Response Team) team, runs HPP's (Hawaiian
Paradise Park's) food pantry. She, like, does everything, is a real force of nature.
And so she has a real big heart for community. Every year she organizes events
for kids and `ohana: Halloween events, holiday events, and then a monthly food
pantry to just help those that just need a little bit more to get by. So she's able to
stretch this money and do so much throughout the year. So, happy to support her
community-driven efforts and looking for everyone's support on this. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, all those in favor please say "aye."
Vote on Res. 313-23: The motion to adopt Res. 313-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: Resolution 313-23 is adopted.
Page 29
Hawaii County Council-24 October 18,2023
Res. 314-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF LABOR AND
MATERIALS FOR A PLAYGROUND TO THE DEPARTMENT OF PARKS
AND RECREATION
The donation from Kona Playgrounds Foundation and an anonymous parry, with an
estimated value of$45,000, would be utilized at the William Charles Lunalilo
Playground in Kailua-Kona.
Reference: Comm. 538
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Ms. Villegas moved to adopt Res. 314-23. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: I want to express my gratitude to Molly and the nonprofit
organization that she's put together, firmly dedicated to supporting this park and
the refurbishment of a bunch of facilities there, providing new interactive play
equipment. Also to Parks and Rec. for their continued diligence and working
with this organization, and finding the best means possible to collaborate to get
this equipment in place and provide for the best, safest space for our youth to
enj oy.
For those that aren't aware of where the William Charles Lunalilo Playground is,
it's often referred to as the `Blue Park" in Kona, right off the highway on the
far—right next to the highway in Pualani Estates. So just for frame of reference
there. That park has received a lot of love from this organization and we're very
grateful. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 314-23: The motion to adopt Res. 314-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball –8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder– 1.
Excused: None.
Page 30
Hawaii County Council-24 October 18,2023
Res. 315-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE HAWAII FOR
THE HILO DOWNTOWN IMPROVEMENT ASSOCIATION'S ZERO WASTE
HALLOWEEN FESTIVAL
Transfers $1,500 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. 540
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 315-23. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you. So the newly reformed, reinvigorated downtown
improvement association in Hilo is throwing their first event. It's a family all-
ages event, free, in Downtown Hilo, Kalakaua Park. It is October 26-29. This
CRF (Contingency Relief Fund) is going to be used to help with some of their no-
waste activities like pumpkin carving, things like that. Unfortunately, the whole
event won't exactly be zero waste, but they are striving towards getting there. But
I am happy to support this event and hope people can come down. Bring your
kids or your friends and enjoy. So thank you so much. Looking for your support.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member Villegas.
MS. VILLEGAS: In the wake of the amazing presentation we had yesterday and
this concept of zero waste and recognizing that while not perfect, its efforts to get
us there, the consciousness and the intentionality of reducing the waste that we
create, I think is something to really be commended. So thank you for supporting
an event that has taken on that task and is embracing that as a goal that we can all
strive for. Perfection is often unattainable and I think it's kind of overrated, too,
because sometimes it's through the flaws that we learn the most and continue to
improve. So thank you for highlighting that aspect of this event.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing
none, all those in favor please say "aye."
Page 31
Hawaii County Council-24 October 18,2023
Vote on Res. 315-23: The motion to adopt Res. 315-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 315-23 is adopted.
Res. 316-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO
SUPPORT FOOD SUSTAINABILITY INITIATIVES IN THE BLACK SANDS
BEACH COMMUNITY GARDEN
Transfers $4,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 541
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 316-23. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I think all of my colleagues heard the
testimony from Tim Rowan who actually runs this program in Puna. So proud of
those kids and that community for all of their hard work, and to walk away with
prizes for the produce that they've recently grown at a local ag festival. This is an
easy "yes" for me. Thanks to some of the investments made by my colleague
Council Member Kaneali`i-Kleinfelder in the past, we've been able to support
community and their efforts to increase food security and what is often thought of
as a food desert in that part of Puna. So, excited about the work that they're
doing.
And if we ever do these trips to each other's districts, would love for us to go and
check out this really phenomenal work. I just love Tim's program. He's really
focused on making sure that kids know how to name and identify different plant
species, produce. And that's something we can all get around and support, right,
like knowing what is in the `aina, and not necessarily naming all the TikTok
influencers.
Page 32
Hawaii County Council-24 October 18,2023
So, looking for everyone's support on this. And a special shout-out to my
legislative aide for pushing all of these CRFs through. Thanks to LRB
(Legislative Research Branch) and to all of the different County agencies that help
to facilitate getting this funding to our nonprofit partners in the community.
Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further
discussion? Seeing none
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I just wanted to support
this resolution. Having visited the garden that they have created and seeing what
they've done with basically bare lava rock to an actually fully producing
community garden, and seeing how happy the keiki are in gardening and doing
agriculture, but also seeing Mr. Rowan really succeed in this effort. I'm glad to
see this is being continued on; no longer my district, but I fully support Tim folks.
They're just amazing what they do, and Carrie guys. They're just amazing. So
mahalo to Ms. Kierkiewicz for funding this incredible opportunity for the
community. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone
else? Seeing none, all those in favor please say "aye."
Vote on Res. 316-23: The motion to adopt Res. 316-23 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Resolution 316-23 is adopted.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Page 33
Hawaii County Council-24 October 18,2023
Bill 72: AMENDS CHAPTER 11, ARTICLE 1, SECTIONS 11-3 AND 11-13 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING
TO AFFORDABLE HOUSING
Amends and adds definitions and adds the Housing Administrator's powers and
duties regarding the eligibility requirements for affordable housing.
Reference: Comm. 461
Intr. by: Ms. Kimball and Mr. Inaba
Approve: PCPLUD-5
(Note: Comm. 461.1, from Council Member Holeka Goro Inaba and Council
Chair Heather L. Kimball dated October 16, 2023,transmitting proposed
amendments to Bill 72, was circulated.)
CHR. KIMBALL: Council Member Inaba and I are co-introducers in this, and
our Finance Chair is attending remotely. If there are no objections, I'm going to
pass the gavel to Council Member Kierkiewicz, whose committee this bill was
heard in, to take over the chairmanship of the meeting for this item. No
objections? All right.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Kierkiewicz.
Motion to Approve: Ms. Kimball moved to pass Bill 72 on first reading and
adopt Policy Committee on Planning, Land Use, and
Development Report No. 5. Seconded by Mr. Inaba.
ACTING CHR KIERKIEWICZ: Council Member Kimball.
MS. KIMBALL: Thank you. I think we had a pretty good discussion about this
and the background. This is not the first time you all have seen this type of
proposal. So at this time, I'll yield to Vice Chair Inaba to present an amendment.
MR. INABA: Thank you. Based at the last hearing, there was question in
Section (a)regarding the spouse and what that covered. So, in further discussion
with Corporation Counsel, we have an amendment today.
Motion to Amend: Mr. Inaba moved to amend Bill 72 with the contents of
Comm. 461.1. Seconded by Ms. Kimball.
MR. INABA: This amendment is simple; going over the different definitions of
spouse. We included "the applicant's spouse or reciprocal beneficiary"; "spouse"
covering marriage or domestic—civil union, thank you. And then "reciprocal
beneficiary" covering the rest. So a pretty straightforward amendment here and
ask for your support. Thank you, Council Member Evans, for bringing this to our
attention.
Page 34
Hawaii County Council-24 October 18,2023
ACTING CHR KIERKIEWICZ: Thank you. Any questions or comments on the
amendment? Seeing none, there's a motion on the floor. All those in favor please
say "aye."
Vote on Motion to The motion to amend Bill 72 with the contents of
Amend: Comm. 461.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba,
Inaba, Kagiwada, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Villegas,
and Acting Chair Kierkiewicz—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR KIERKIEWICZ: Bill 72 is amended. Any questions or
comments on the main motion? Seeing none, all those in favor please say "aye."
Vote on Bill 72: The motion to pass Bill 72, as amended to Draft 2, on first
Draft 2 reading and adopt Policy Committee on Planning, Land
(Approved) Use, and Development Report No. 5 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba,
Inaba, Kagiwada, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Villegas,
and Acting Chair Kierkiewicz—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR KIERKIEWICZ: Bill 72, as amended with the contents of
Communication 461.1, is passed at first reading.
Relinquish Chair: At this time, Acting Chair Kierkiewicz relinquished the
chair to Chair Kimball.
Page 35
Hawaii County Council-24 October 18,2023
Bill 74: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —Hawai`i County Police Department Data
Grant account($16,980); and appropriates the same to the Hawaii County Police
Department Data Grant account, for a total appropriation of$89,980. These
additional funds would be used to establish a statewide traffic data system and
ensure compliance with national standards.
Reference: Comm. 483
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-85
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 74 on first
reading and adopt Finance Committee Report No. 85.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you. We do have Mr. Keltner here in
Hilo chambers if there are any questions for him.
CHR. KIMBALL: Any questions? Seeing none, all those in favor please say
Ic aye.
Vote on Bill 74: The motion to pass Bill 74 on first reading and adopt
(Approved) Finance Committee Report No. 85 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 74 is approved at first reading.
Page 36
Hawaii County Council-24 October 18,2023
Bill 75: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —Occupant Protection Program account
($37,959); and appropriates the same to the Occupant Protection Program account,
for a total appropriation of$161,959. These additional funds would be used to fund
operations focused on occupant protection projects through the Community
Highway Safety Program.
Reference: Comm. 484
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-86
Vote on Bill 75: Mr. Kaneali`i-Kleinfelder moved to pass Bill 75 on first
(Approved) reading and adopt Finance Committee Report No. 86.
Seconded by Ms. Villegas and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 75 is approved at first reading.
Bill 76: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —Hawai`i County Police Department
Roadblock Program account($97,970.95); and appropriates the same to the Hawaii
County Police Department Roadblock Program account, for a total appropriation of
$522,970.95. These additional funds would be used to fund programs focused on
reducing the number of drivers operating a vehicle while impaired.
Reference: Comm. 485
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-87
Page 37
Hawaii County Council-24 October 18,2023
Vote on Bill 76: Mr. Kaneali`i-Kleinfelder moved to pass Bill 76 on first
(Approved) reading and adopt Finance Committee Report No. 87.
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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 76 is approved at first reading.
Bill 77: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —Hawai`i County Police Department 2023
Special Traffic Enforcement Patrol Grant account($280); and appropriates the
same to the Hawaii County Police Department 2023 Special Traffic Enforcement
Patrol Grant account, for a total appropriation of$574,514. These additional funds
would be used for training, education, enforcement, and community collaboration to
reduce the number of traffic fatalities and injuries.
Reference: Comm. 486
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-88
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 77 on first
reading and adopt Finance Committee Report No. 88.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Any discussion?
MR. KANEALII-KLEINFELDER: Chair?
CHR. KIMBALL: Yes, go ahead, Council Member.
MR. KANEALII-KLEINFELDER: I just wanted to mahalo Mr. Keltner for
being here this morning. He's here faithfully on time and managed to get all these
grants secured for the Hawaii County Police Department. So, appreciate his
efforts. Thank you.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all
those in favor please say "aye."
Page 38
Hawaii County Council-24 October 18,2023
Vote on Bill 77: The motion to pass Bill 77 on first reading and adopt
(Approved) Finance Committee Report No. 88 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 77 is approved at first reading.
Bill 78: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Transfer from General Fund account($8,300); and
appropriates the same to the Papa`aloa Housing Project account to purchase planter
boxes for residential gardening.
Reference: Comm. 487
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-89
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 78 on first
reading and adopt Finance Committee Report No. 89.
Seconded by Ms. Galimba.
CHR. KIMBALL: Any discussion? Seeing none, I just want to thank the office
of housing for partnering with me to help bring the gardens back to this facility;
planter boxes. All those in favor, please say "aye."
Vote on Bill 78: The motion to pass Bill 78 on first reading and adopt
(Approved) Finance Committee Report No. 89 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 78 is approved at first reading.
Page 39
Hawaii County Council-24 October 18,2023
Bill 79: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the State Emergency Medical Services account($617,702);
and appropriates the same to the Emergency Medical Services Other Current
Expenses account($474,008); and the Retirement Benefits account($143,694).
Funds would be used to cover collective bargaining agreement salaries, fringe
benefits, and operational increases.
Reference: Comm. 488
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-90
Vote on Bill 79: Mr. Kaneali`i-Kleinfelder moved to pass Bill 79 on first
(Approved) reading and adopt Finance Committee Report No. 90.
Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 79 is approved at first reading.
Bill 80: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2023 TO JUNE 30, 2024
Adds the Public Works Bridge Repair Projects —Honoli`i and Kaiwilahilahi
Streams — Federal project($6 million) to the Capital Budget. Funds for this project
shall be provided from Federal Grants Receivable to rehabilitate the integrity of
these bridges.
Reference: Comm. 489
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-91
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Page 40
Hawaii County Council-24 October 18,2023
Vote on Bill 80: Mr. Kaneali`i-Kleinfelder moved to pass Bill 80 on first
(Approved) reading and adopt Finance Committee Report No. 91.
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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 80 is approved at first reading.
Bill 81: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2023 TO JUNE 30, 2024
Adds the Fire Department Waiuli (Leleiwi) Beach Park Lifeguard Tower
Construction—Fair Share project($48,000)to the Capital Budget. Funds for this
project shall be provided from Fair Share Contributions to replace the existing
tower with a new fiberglass surveyor tower.
Reference: Comm. 490
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-92
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 81: Mr. Kaneali`i-Kleinfelder moved to pass Bill 81 on first
(Approved) reading and adopt Finance Committee Report No. 92.
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, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 81 is approved at first reading.
Page 41
Hawaii County Council-24 October 18,2023
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE
(Draft 4) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY
IN OFFICE
Adds an exception to the process of filling vacancies on the County Council by
providing that a vacant County Council district seat shall be filled by the person
elected to serve the upcoming Council term, if that vacancy occurs or exists after
the incoming Council Member was elected.
Reference: Comm. 305.21
Intr. by: Ms. Evans
Postponed: September 6, 2023
First Reading: September 20, 2023
Second Reading: October 4, 2023
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawai`i County
Charter
Motion to Approve: Ms. Evans moved to pass Bill 49, Draft 4, on third and final
reading. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Evans, you want to kick us off?
MS. EVANS: Thank you. Thank you for everyone's patience. We've been
moving this along. I, for one, being new, really appreciated the in-depth
discussion that we had to vet this out. So I appreciate and hope for your support.
Thank you.
CHR. KIMBALL: Any further discussion? Council Member Kagiwada.
MS. KAGIWADA: Thank you. I'm not going to be supporting this. I think you
have enough votes to get it through anyway. But the reason I'm not going to be
supporting it is an issue I brought up before. I don't believe that the Council
Chairperson should be able to appoint the successor if the County Council as a
whole fails to choose somebody. I feel like that—I'm not worried about it in this
current configuration, but I look at how politicized some of the other councils are
in the State and I worry that there can be a situation there that seems like a
conflict. I'd rather see the Mayor in that case appoint that person. But like I said,
I think you have plenty of votes to get this through. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada, and for the vote of
confidence. Council Member Villegas.
Page 42
Hawaii County Council-24 October 18,2023
MS. VILLEGAS: Thank you, Council Member Kagiwada, for bringing that up. I
share that concern. Unfortunately, I don't feel like it's necessarily curved by
giving the authority to a mayor either, so we're kind of six-to-one, half a dozen or
the other. So I will be supporting this today, but I really appreciate you bringing
that up because there are vulnerabilities in any capacity should we ever have to
navigate this scenario. So, once again, kind of like zero waste: can't get it to
perfect but acknowledging it and taking best steps forward.
And ideally, this is also the opportunity for the public and our constituents to pay
attention and see what's going on and to participate because their votes count.
And whoever ends up in these roles in these seats and as Chair, we all have those
responsibilities as well by who we nominate to represent us as Chair. So just
moving forward that we all continue to recognize our responsibility not only as
civil servants, but civil duties to vote and participate in government. So thank you
for navigating this lengthy process, Council Member Evans, and all the different
nuances that you have considered and really persevered to get us to this point. I
appreciate it. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. KIMBALL: Go ahead, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I just wanted to mahalo Council
Member Evans. You stuck with it and you got it to the finish line, which was
lengthy and required a lot of patience. I appreciate that about you. You were
persistent and you got it here. And ultimately, from here it goes to the voters to
see if it gets approved or not on the ballot. So a lengthy process to wait and see
what happens, but you're sticking with it and I appreciate that. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Inaba.
MR. INABA: Thank you, Council Member Evans. And then I was just
wondering, for our Charter amendment bills, was there a specific time that we
might consider holding them off to so we can kind of put it all forth together?
Mr. Clerk, any kind of time estimate?
MR. HENRICKS: Not really. And I don't recall that being done in the past. I
don't really have anything to draw upon as far as kind of compiling them for
ratification on a single meeting or something. So I really can't say what would be
an appropriate date to target for something like that.
MR. INABA: Okay. Council Member Evans, that's something that was kind of
discussed in previous meetings. Wondering where we kind of stand on that, and
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Hawaii County Council-24 October 18,2023
I'll make a motion to postpone if it's kind of what our approach might be this
year, and holding them together for final approval. I wanted to get your thoughts
first as the maker.
MS. EVANS: I can't predict the future. I don't know how many Charter
amendments will come before us between now and—of course, there's going to
be a time-certain that you would want your Charter amendment bills done. I have
to assume that maybe you have to have them done by May or June. To me, there
would be some time sensitivity to when you would want these finished. I guess
the question would be to the Clerk: When would you have to have your Charter
amendments ready and finished? There must be a time because they have to get
up on the ballot.
MR. HENRICKS: There probably is a date, and I spoke before Committee
earlier, saying I'm not comfortable providing a date because when this is passed,
it will have to go to the Mayor, as any bill does, and the Mayor would have ten
days to review it. So there's that period of time. There's the potential that the
Mayor could veto it. He would, under the powers of the Charter, have the
opportunity, then the Council would have the chance to bring it back, reconsider,
and override that veto. If that doesn't happen, there's still a resolution that needs
to be adopted, directing the Clerk to place this measure before the electorate on
the ballot. We would also need to develop ballot language. So all of those things
need to be done. Assuming this passes third reading, those are the steps that
happen afterwards. So we would need to factor in time for that.
I am beyond reluctant to provide a date-certain. So if it is the will of this body to
not take a final vote on this today, my recommendation or preference would be
that you postpone it to the call of the Chair to provide that flexibility so it can be
brought back with sufficient time for this Council to consider it for placement on
the 2024 general election ballot.
MR. INABA: Thank you, Mr. Clerk. With that, I'm not tied either way, but I
know there was something we discussed so I wanted to bring it up. I'll yield the
floor at this time.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Thank you. I was completely forgetting this one and why I
missed it, and actually, it's because I left Council early to attend HSAC (Hawai`i
State Association of Counties). And I think the one prior I might have been
traveling on another trip. And so I had to really scurry through the notes and the
background report, and I'm still not clear if a fiscal impact statement was
completed for this. Or does that come prior to our final vote, or prior to
Mr. Clerk, if you could, some guidance on that?
MR. HENRICKS: May I address that question, Madam Chair?
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Hawaii County Council-24 October 18,2023
CHR. KIMBALL: Yes, go ahead.
MR. HENRICKS: So there's two mechanisms togenerally, for any bill, the
Council can request a fiscal impact statement at a certain point in time from the
Finance Director, but it's not done automatically. Any proposed Charter
amendment that does reach the point where it has passed as an ordinance and will
be on the ballot, then it triggers a requirement for the Finance Department to
produce a fiscal impact statement. So we are not at that point yet for this bill,
though the Council could request one pursuant to the County Code, which was
recently amended to provide that fiscal impact statements can be requested by the
Council.
MS. LEE LOY: Thank you, Clerk, for that direction. I'm on board with
whatever everybody wants to do. I recognize the back-end work that has to
happen. All for allowing our electorate to weigh in on something like this, but I
also am a very big proponent of good information helps everybody make good
decisions. Looking to a postponement to the call of the Chair or to a date-certain,
and maybe I could nudge the Finance Department a little bit on some high-level
numbers on the fiscal impact for this one. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. If I may take a
moment to weigh in just because when we had the last discussion about this, I had
put forth this idea of just holding it to see how many other Charter amendments
we had. I would hate to have to pay for another page in the ballot. I'm just being
fiscally responsible with this. Maybe looking at the calendar, if the maker is not
comfortable with"call of the Chair,"which I think is a viable option, I think
maybe Wednesday, April 3rd, might be an acceptable date. If there are other
Charter amendments, they should be in process by then, and that also gives plenty
of time to complete the process even with the Mayor's potential to respond. That
would be my suggestion. Any further discussion? Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I'm happy taking care of this business today.
I don't think we need to wait till next year to take a vote. If it requires an extra
piece of paper, it requires an extra piece of paper. That is the process. And
Sunshine Law precludes us from coordinating on who is going to be introducing
different Charter amendments. And so,just recognizing how long it's taken
Council Member Evans to get this piece of legislation to this point, would be in
support of voting on this today. I'll be supporting the measure.
I think that there's a very helpful clarification that's been added in this proposal,
and that is how a successor is going to be appointed in the event of a vacancy, and
that's by resolution. That provides a very public process for members of the
public to come and weigh in on any sort of candidates that are being advanced for
that vacancy.
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Hawaii County Council-24 October 18,2023
Under no circumstances will I ever abdicate any of our power as a legislative
body to the Mayor's office. I think that this is something that can be handled by
this body and should be by this body. And if there's situations where there is a
stalemate, I trust in the leadership of the Chair, whoever he or she may be at that
time, to make the decision to ensure that we have a functioning body of nine to
continue to carry out the businesses of this County. Thank you, Council
Member Evans, for your hard work on this. I yield.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Council
Member Kagiwada.
MS. KAGIWADA: Thank you. May I just respond since it seemed to be pointed
at my comments? So, if we're in a place where we're four to four, my thought is
that if the Council Chairperson cannot convince one more person to vote in favor
of the candidate that they want, we're at a four-to-four stalemate, you're basically
negating four people—half the body because the Council Chairperson's going
to get their way anyway. So, to me, it just doesn't make a lot of sense.
It kind of takes away the power of the whole body to debate the true issue because
there's that hanging over their heads that it's a stalemate. Then people who are on
an opposing side with the Chairperson, they know they will automatically lose.
So I don't know. To me, it seems almost like two chances for the same person to
get their say. And I feel like they should be able to convince one other person to
vote for the person that they want, and if they can't, then that's some strong
feelings I feel like people have. So that's my clarification on that or my further
explanation. But understood and no hard feelings. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? All
right, we will go ahead. Council Member Evans.
MS. EVANS: Thank you. I prefer that we vote on it today for a couple reasons.
One is, between now and April, we're going to have a lot on our plate, and by the
time it comes back to us, we will have moved on. And we've had so much
discussion and this issue's been debated so much, I would rather finish than try to
rehash or revisit or rethink what did we do six months ago to get to the final vote.
That would be one reason.
But I think the other reason is I'm not concerned about adding another page to a
ballot. I think us as the body, if we feel it's important to give this to the public,
we're going to give it to the public. If we vote today that we think the public
should vote on this Charter amendment that's important for them to weigh in on, I
don't want to make the decision that we're going to add another page way into
this because it is public process.
And I feel that this Charter amendment does give a lot more democracy, I think,
to the process with the resolution, and people can weigh in. It will be posted. It
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Hawaii County Council-24 October 18,2023
will be on the agenda. People can come and give testimony. I think that's a good
process. It's a better process. So I would encourage us to vote on it today. Thank
you.
CHR. KIMBALL: Thank you, Council Member Evans. With that, I will rescind
my comment. I think the body has made it clear where they sit. With that, we'll
go ahead and do a roll call on this one,please, Mr. Clerk.
Vote on Bill 49: The motion to pass Bill 49, Draft 4, on third and final
Draft 4 reading was carried by the following roll call vote:
(Adopted)
Ayes: Council Members Evans, Galimba, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: Council Member Kagiwada— 1.
Absent: None.
Excused: None.
MR. HENRICKS: The motion carries and Bill 49, Draft 4, is passed on the third
of its three of final readings.
CHR. KIMBALL: Thank you, Mr. Clerk. Congratulations, Council
Member Evans, and mahalo to your staff. I know they had a lot of heavy lifting
and getting this through too.
Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAII
(Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
INSTALLATION OF PHOTOVOLTAIC SYSTEMS
Amends Subsection (f)by requiring a professional electrical engineer licensed in
the State of Hawaii to prepare, design, and stamp electrical design drawings and
specifications for residential photovoltaic systems if the system exceeds
10 kilowatts.
Reference: Comm. 435.2
Intr. by: Mr. Kaneali`i-Kleinfelder
First Reading: October 4, 2023
(Note: Comm. 435.5, from Council Member Susan L. K. Lee Loy dated
October 16, 2023, transmitting proposed amendments to Bill 66, Draft 2, was
circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 66, Draft 2,
on second and final reading. Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
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Hawaii County Council-24 October 18,2023
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. Just a real
quick summary. As Council Member Evans pointed out so eloquently last
meeting, the other counties in the State have set 30 kilowatts as the bar. And here
in the County of Hawaii, in collaboration with the department, we came up with
10 kilowatts being a comfortable area to land and to stay. That puts us in
alignment with our 100 percent renewable energy goal by 2045 and lessens the
cost of solar systems for the general public. That's really where we stand with
what the intent of this bill is, and I appreciate everyone's input to date.
And I also appreciate the support just as we move towards this goal, especially
given that wonderful presentation yesterday by Mike Ewall regarding the lifetime
impacts of different sources of renewable energy and energy sources, and really
pointing out that solar is low-cost renewable energy that's environmentally
friendly. And this is just one more way for us to kind of pave the way for the
continuing and prospering of this energy source for our community as we walk
into the future. So, look forward to everyone's support for this. And again,just
trying to fall in line with the other counties and what they have had in place for
decades. Thank you. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. I have an amendment.
Motion to Amend: Ms. Lee Loy moved to amend Bill 66, Draft 2, with the
contents of Comm. 435.5. Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Lee Loy, on the amendment.
MS. LEE LOY: Thank you. Actually, this amendment is being advanced by the
department after our conversations around this bill, and the nuances of a 10 kV
(kilovolt) system and the ability to keep adding on to get beyond 10 kV without a
wet stamp became evident. And so I think I have Deputy Building Chief Kelly
Wilson here. But I also think Julann Sonomura, our Building Chief, or maybe
even Gary might be in our Hilo chambers, and if I could call them forward.
(Note: At this time, Building Chief Julann Sonomura and Supervising
Electrical Inspector Gary Kaho`ohanohano, Public Works Department,
came forward to address the members of the Council.)
CHR. KIMBALL: If you don't mind announcing yourselves and your position,
and then you can begin to
MS. SONOMURA: Good morning. My name is Julann Sonomura. I'm the
Building Chief. First, I want to thank Council Member Lee Loy for putting forth
the amendment. We had some robust discussion in the last meeting about the
ability to add 10 kW (kilowatts) and, without an engineer's stamp, adding another
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Hawaii County Council-24 October 18,2023
10 kW so that the accumulative effect would be much more than what should be
allowed without an engineer's stamp. So thank you for that. I have Gary here.
We have Mr. Saiki and Kelly in Kona if anyone else would like to add.
MR. KAHO`OHANOHANO: Aloha, Council Members. This is
Gary Kaho`ohanohano from the Hilo side.
CHR. KIMBALL: Thank you.
MS. LEE LOY: Well, thanks, Julann. And thanks for kind of acknowledging
what I saw as just a loophole in a policy. I wanted to ask Gary, or maybe even
Wayne. I know you guys have kind of island-wide meetings with your
engineering staff, and having floated this language around that meeting. I was
curious to know what the response was, Gary, if you guys have discussed this
language and the support of this clarity.
MR. KAHO`OHANOHANO: So, at this time, we really support the amendment.
And then again, it's a starting point for us, as mentioned before, and we really feel
comfortable about it.
Point of Order: MR. KANEALI`I-KLEINFELDER: Sorry, Gary. Point of order. Just to clarify,
you're supporting the amendment to the bill? Or you support Bill 66, Draft 2, as
it is?
MR. KAHO`OHANOHANO: Yeah, the draft as it is.
MR. KANEALI`I-KLEINFELDER: Okay, so not the amendment.
MR. KAHO`OHANOHANO: Yeah.
MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate that.
MR. KAHO`OHANOHANO: I'm sorry. The amendment.
MR. KANEALI`I-KLEINFELDER: You support the amendment.
MR. KAHO`OHANOHANO: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you.
CHR. KIMBALL: Go ahead, Council Member Lee Loy. You still have the floor.
MS. LEE LOY: Thank you. I'm just going to put it to my colleagues. I think, as
policymakers, we have a duty to write sound legislation that can be implemented
by our Administration. I found an area in which the bill was deficient; the
Administration saw the same. They're looking at this amendment as a tool to
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Hawaii County Council-24 October 18,2023
help them provide clarity in the administering of this section of our Construction
Code. I'm going to be asking for my colleagues' support. It's clear. The
Administration has opted to work with Mr. Kaneali`i-Kleinfelder on no wet stamp
for ten or less. We're there. But I found an area where they could be
exacerbated, and we are closing that with this language that is supported by the
department. Asking for my colleagues' support. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Council
Member Evans, on the amendment.
MS. EVANS: Thank you. On the amendment. I totally understand the clarity
and appreciate it. The only question I have for the department: Why wouldn't
you do this by rulemaking? I thought rulemaking was to create clarity when we
pass policy.
MS. SONOMURA: Not sure if I understand the rulemaking process, but what
we're trying to achieve is to have it addressed and clarified up front so everyone
is understanding the intent, instead of waiting for a future rule. That if we can do
it in one fell swoop, that would be the best for everyone to understand.
MS. EVANS: I understand. But for someone who's worked with policymaking
and rulemaking, it seems like we're doing a lot of rulemaking in our Code. And
so our Code is going to get bigger, bigger, bigger. And rulemaking is about
public process. It has hearings. Rulemaking is to apply what the policy is and
provide clarity to what the policy is that we make. I'm just like when's the last
time you did rulemaking? Curious.
MS. SONOMURA: I haven't been with the division long enough, so I don't have
that experience; apologize. What we're doing here is to clarify what could have
been a difficulty in the field. So Council Member had asked about feedback with
our staff. And to be honest, the inspectors are out there looking at PV
(photovoltaic) systems, and they are not comfortable having to inspect something
that has a 10 kW without an engineer's stamp and a subsequent permit that gets
issued with another 10 kW. And quite frankly, I don't want to put our people on a
limb with doing something they're uncomfortable with at the get-go. I'd like to
have it clarified so they are not put on the spot in the field in front of the
contractors. So that's why we're asking that it be amended at this time, instead of
a rulemaking process.
MS. EVANS: Okay. So I believe this can be done by rulemaking. I would like
to see the department move towards rulemaking instead of asking the Council to
continue to tweak our Code; that is really doing rulemaking. I think that having
that public hearing and rulemaking process is very healthy for the community to
weigh in on, clarification, how it's going to be applied. It does engage the
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Hawaii County Council-24 October 18,2023
department with the public on how the interpretation of the Code is. So I really
like the way you wrote it, but I'm not going to support it only because I think it
should be done by rulemaking. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Villegas.
MS. VILLEGAS: I have a quick follow-up question. And I apologize; I'm
forgetting your name, the woman sitting in the green.
CHR. KIMBALL: Julann.
MS. SONOMURA: Julann. You can call me J.
MS. VILLEGAS: J. Hi, J.
MS. SONOMURA: Call me J. Yeah.
MS. VILLEGAS: I really appreciate your sensitivity to your staff and what
they're comfortable with as far as inspections of the PV. But I have to honestly
and humbly ask, is it because they're uncomfortable or unqualified to really
navigate the systems they're looking at? And that is not—it's not a jab on the
staff. But in our County, we have a history of having people in positions—and in
all of our municipalities, unfortunately,people aren't always trained to that next
capacity.
So, when we're looking at the standard in the industry, and potentially it sounds
like in the other counties throughout the State, where 30 is the norm now without
needing an engineer's stamp, is there opportunity to help the staff and the
inspectors become more comfortable with these add-ons? I see an opportunity
here to support the team that's out there and navigating these things. But as
technology continues to move forward, the capacities continue to move forward,
andI mean, sometimes I'm even uncomfortable with, I mean, heck,just the
computer and some of the apps and those things I need to navigate.
Unless it's a distinct matter of health and safety, which I don't think it doesn't
sound could be honestly argued based on the standards in other counties already
being at 30—and this addition only gets us to 20-1 feel like there's some
discrepancy and disparity. And personally having navigated some of the other
things in the Building Department, I recognize some discrepancy and disparity in
how things have come forward and worked for some and not for others. So
(inaudible) more directly here on the Council.
So I am not going to be supporting this amendment because I don't authentically
believe it's being put forth to solve the issue that's being claimed. And I think
that in the legislation that exists here, things are covered and it does move our
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Hawaii County Council-24 October 18,2023
County into alignment with more of an industry norm. And it allows us to
provide a greater service to our community, which I feel is my responsibility,
humbly acknowledging my lack of expertise in electrical and whatnot. But I
haven't heard anything today that makes me think that this amendment is
necessary for the health, safety, and well-being. It feels like it has much different
intentions. So thank you. I yield.
MS. SONOMURA: May I respond to your comments?
CHR. KIMBALL: Please do, Division Chief.
MS. SONOMURA: Thank you. I think I would like to say that our inspectors are
very well-qualified to do what their jobs are. The way the County Code presently
reads, that all plans shall be designed and stamped by a licensed engineer, they are
trained to do that. What Bill 66 puts forth are plans and designs that have not
been stamped. And to that end, without the amendment, there is a potential for
the designs and the installations to get beyond what we would call "reasonable
life-and-safety risk." So we are asking to make the amendment for the betterment
of our community for life-safety issues. It's not the inspector's responsibility to
do this design, much less review a design that was put forth and constructed
without engineer's oversight. Thank you.
CHR. KIMBALL: Thank you, Division Chief. Anyone else on the amendment?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. KIMBALL: Go ahead, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I'm going to walk back a little
bit. I'm going to ask for a little bit of latitude here. I have been listening with
interest. Let me preface this comment and this statement with the fact that this
bill, unamended, actually as a goal was intended to bring us into alignment with
the other counties in the State. At the request of the department, we brought that
number to 10 kW instead of 30. At the first hearing, if I remember correctly,
Mr. Kaho`ohanohano stated that the inspectors were comfortable with this bill,
and it was discussed at length; and given the comfort level, would only be
comfortable if 10 kW or less was presented. So we collaborated; we worked
together. We've come back with Draft 2 of Bill 66. What I'm hearing today is
the exact opposite: We're not comfortable as a department.
I'm not done. What's concerning to me is in the first hearing of this bill, there
were a number of statements made, and those statements were akin to this bill
being out of alignment with the other counties. The way it's written, it's less than
the other counties. So we're making it actually—we're not even coming up to the
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Hawaii County Council-24 October 18,2023
bar that the other counties have set, and there's been no public health benefits
compromised to date by the other counties. They have not gone out of their way
to change their Codes that exist. Why? Because there hasn't been any issues.
I'm concerned because some of the members in front of us today from the
department made statements about the process being something that it is not in
other counties as well; that the utility inspect systems less than 30 kW in other
counties, which is untrue. Because, the County gives the application and a permit
to the individuals coming in to apply for a system; a contractor. And we, the
County, have to inspect those systems, not the utility. That was in our first
meeting. So there's been a number of statements that have been misleading to get
us to this point.
This amendment supposes that a loophole is being created for systems greater
than 10 kW, as if an individual, some evil genius out there, is going to come in
and apply for multiple 10 kW systems. I really do question the logic behind that
statement. And I question it for two reasons: Do those evil geniuses exist? And
if so, are they really looking to avoid the stamp, which is what is being supposed
by the Council Member who brought this forward, and I guess by the department
who brought it forward as well. And do those evil geniuses wonder or worry that
the cost of that stamp is going to drive them away from buying two $70,000 PV
systems? The tax credits alone on those systems outweigh the benefit of not
getting a stamp. That's one reason.
Two: If they came in and their system then exceeded the 10 kW, it would of
course exceed 10 kW and they'd have to get it stamped and permitted. They
would already require it. So we have an amendment that is redundant in process
being brought in to ensure the safety of the public, although this hasn't been an
issue in any other County to date. If it was an issue for the public's safety, then
the other counties probably would have changed their Code in the last ten years
and they have not. So I'm having some heartburn that there is some confusion
within the department about the way the processes go and about the need to
overcomplicate and create more bureaucracy in a very simple Code amendment
that is in perfect alignment with the other counties.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder, your buzzer went off
over here. Please summarize.
MR. KANEALI`I-KLEINFELDER: I yield, Chair.
CHR. KIMBALL: Thank you very much. Okay,we're still on the amendment.
Any additional discussion?
MS. SONOMURA: May I respond to the comments?
CHR. KIMBALL: Yes, you may.
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Hawaii County Council-24 October 18,2023
MS. SONOMURA: It's not that we're in belief there's an evil genius that's going
to come in and abuse the privilege. What we are concerned about is that the
system is integrated, that when you have another 10 kW—and it could be
something being done inadvertently, not with malicious intent. And so I really
fail to understand why an electrical engineer's oversight to ensure that the systems
are integrated correctly is a concern. That's what I'm saying. And that's not a
common occurrence. It's not something that you would want to allow to happen.
When you look at it, I don't think someone's going to come in and say, "Hey,
there's a loophole in here. I'm going to do this." But with the need, they may
need additional power. They want to add another system. It says less than
10 kW. We can add it. But it's very important to have it designed to function
correctly, and that is life safety.
CHR. KIMBALL: Thank you very much, Division Chief. Anyone else on the
amendment?
MR. KANEALI`I-KLEINFELDER: Chair, may I respond?
CHR. KIMBALL: Let me actually go to Vice Chair Inaba, and then we'll take
any other comments and come back to you.
MR. INABA: Thank you. Looking at the amendment, it's adding the language
"provided that any proposed residential installation that would increase the
existing photovoltaic output to be greater than." I understand where Council
Member Lee Loy is coming from, but there's still a loophole here. So I don't
think I can support this amendment because what's to stop someone from
applying for multiple 10 kW installations as long as it's not already existing. The
output isn't there. So what prevents them from being able to get multiple at one
time? So I'm not sure that this actually fixes what the problem is that is kind of
being pointed out here. So I can't support this. And generally speaking, I mean I
am in support of the bill as it's written. So I just won't be supporting this
amendment. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else on the amendment
before I return back to Council Member Kaneali`i-Kleinfelder? Seeing none,
Council Member Kaneali`i-Kleinfelder, go ahead.
MR. KAHO`OHANOHANO: Can I add to this? Yeah, there might be a lot of
misunderstanding about what's going on here as far as this moving forward. I'll
try and make it as easy as I can. So basically, when we look at something that's
on the 10 kW, if you have an existing system on your house, okay, and let's say
someone comes in for like a 6 kW to add on to that existing, we don't look at it as
under 10 kW anymore because of the simple fact that they already have an
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Hawaii County Council-24 October 18,2023
existing system and they're adding on. So equivalent, it exceeds 10 kW. So,
therefore, an electrical engineer would be required for submittal and review. I
yield.
CHR. KIMBALL: Thank you very much.
MR. INABA: Chair, if I may very quickly. I just would like to, for our
discussions, have you recognize anyone wanting to speak, both departments and
Council Members. Thank you.
CHR. KIMBALL: Yes, of course. Any further discussion on the amendment,
Council Member Kaneali`i-Kleinfelder?
MR. KANEALI`I-KLEINFELDER: I would ask that this amendment not be
supported, and that it actually lends confusion to the situation, and for a number
of reasons that I pointed out today. And I appreciate the department's comments.
And circling back one more time, as stated in previous meetings, this issorry,
85 percent of the permits coming in are less than 10 kW. So we're trying to solve
a loophole. Let me say it again. We're trying to solve a supposed loophole for
15 percent of the PV permits that come into this County, which is a tiny number,
and it's just unnecessary. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Kagiwada, on the amendment.
MS. KAGIWADA: Thank you. Just for clarification, the department
spokesperson just said that they would consider if there was already a 10-kilowatt
solar installation and six more were to be added, that they would consider that
more than 10 kW. I'm just trying to understand. So you're basically saying
there's no need for this amendment, because you would already consider that? Is
that what you're saying? It's redundant?
MR. KAHO`OHANOHANO: In our amendment, it says no stamp for 16 kW,
yeah. So, if they're adding to the existing system, that, yes, they would need an
electrical engineer's stamp.
MS. KAGIWADA: Only if the amendment passes, or that's how you see it
regularly? With or without the amendment, you would see it that way?
MR. KAHO`OHANOHANO: Regularly, we see it that way.
MS. KAGIWADA: Without the amendment. That's your(inaudible). Okay.
Thank you.
CHR. KIMBALL: All right, I'm going to actually take this moment to make a
quick comment myself, which is I think that there is an argument for greater
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Hawaii County Council-24 October 18,2023
clarity in the bill. I don't think that the amendment as proposed actually provides
it. There are two things that I think that need to be clarified, which is when we
say "residential installation,"what is the container that we're talking about?
Because, you could have a property with two residences on it. Are you saying
10 kV per electrical system or 10 for the entire site? I think that's a point of
clarification. I think if you wanted to address what I heard as your concerns that
are in previous discussions, Council Member Lee Loy,just the words
"accumulative 10 kilowatts" could be added, rather than the entire phrase. That
might get us there.
So won't be supporting the amendment as drafted,but I do see the merit behind it
and would be comfortable with another opportunity to wordsmith at a later date.
With that, back to you, Council Member Lee Loy.
MS. LEE LOY: Thank you. Thank you for the comments on the amendment.
What I want to bring clarity around is Bill 66 took away the safety net of an
electrical engineer's stamp. So, to the point that we don't have problems, we
don't have problems because we have an electrical wet stamp on all the plans.
That's what's being removed the safety net of a licensed engineer. I heard the
department loud and clear; they're fine with that up to 10. The conversation came
up because if they had an existing system, could they apply for a 10 and add it
together? Absolutely, without a wet stamp. Could they come in on a brand new
system and get a 10? Absolutely. That's what Bill 66 does, and the amendment
closes that addition.
I learned a long time ago in law office: If you can't convince them, confuse them.
And that's what's happening here. There's a lot of confusion. But I have our
subject-matter experts who have a duty to enforce the Code. They don't have
internal rules or administrative rules. The rules are the Construction Code. This
industry, the subject-matter experts in this field, in this department, their rule
book is the Code book. And I have to ask out loud, one more time, maybe Julann.
There seems to be this advancement that we're coming into compliance with
every other county, when all of the other counties have different codes. Are we
out of compliance?
MS. SONOMURA: We are not. I think each county is different. In the city and
county of Oahu, my understanding is that their utility company HECO (Hawaiian
Electric Company)reviews plans and actually does inspections. And that's
why you're shaking your head but that's what our research has shown. And
the other counties, I don't want to get into comparison of counties because what
we are coming from is from an engineering life-and-safety perspective. We're
not coming from a business perspective. I understand your need to—your
perspective is to help the people to further photovoltaic alternate energy. That's
all well and good.
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Hawaii County Council-24 October 18,2023
We're not being asked to weigh in on the community, the business, and the
we're just looking strictly at the Code and for life and safety, and that's our
perspective. Referencing the other counties and how they do things, I don't know
how they came to that decision. But for the Building Division, we're looking at
life safety. We're looking at the engineering behind it and the quality of
construction that will lead to that quality of life and safety. So I really cannot
comment on other counties and what they're doing.
MS. LEE LOY: Thank you, Julann, for that clarification. Let's put it to a vote.
Again, this is being advanced by the department because of the conversations that
are being had. This helps both sides of the counter understand. And let's not
forget Bill 66 removes the safety net that's built into the Code right now, up to
10 kV. I yield.
CHR. KIMBALL: Thank you. Council Member Kierkiewicz, can you keep it
brief? I would like to move to the vote on this.
MS. KIERKIEWICZ: Yeah, absolutely. I just wanted to share that I understand
the intention that you're bringing forward, Council Member Lee Loy, but I don't
know if that intention is matching the words on paper. I would be open to further
refinements based on today's conversation. I think there is some clarity that's
needed before I can get on board with it, but I would be open to reviewing
something further refined at the next Council hearing. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. With that, I'm
going to go ahead and proceed with the vote. Mr. Clerk, can we do a roll call on
this one, please?
Vote on Motion to The motion to amend Bill 66, Draft 2, with the contents of
Amend: Comm. 435.5 failed by the following roll call vote:
Failed
Ayes: Council Member Lee Loy — 1.
Noes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Absent: None.
Excused: None.
MR. HENRICKS: The motion fails.
CHR. KIMBALL: Thank you, Mr. Clerk. We are now back to the main motion.
Is there any discussion at this point? Council Member Lee Loy.
MS. LEE LOY: Thank you. Based on the conversation, I would love an
opportunity to refine another amendment basically hearing what I heard today. I
recognize that this is at second and final reading. If asked to vote, I will be voting
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Hawaii County Council-24 October 18,2023
"no" on this matter. I think I've demonstrated that there still can be more clarity.
I think we have a duty as policymakers to provide clarity in legislation that we
pass. I would vote "no"but I would support a postponement for an opportunity to
take another swing at refining the language that I've heard my other colleagues
suggest.
CHR. KIMBALL: Would you like to make a motion for the postponement?
Motion to Postpone: Ms. Lee Loy moved to postpone Bill 66, Draft 2, to
November 1, 2023. Seconded by Ms. Kagiwada.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: I will not be supporting this, first off because I don't think that
we're going to get where Ms. Lee Loy thinks we're going to get to on this; second
of all, because three of us will be absent on November 1st. We have a trip
scheduled, and I think that it requires the full body in its full capacity to be here.
So I will not be supporting the amendment to postpone to this date.
CHR. KIMBALL: Thank you, Council Member Villegas. Before further
discussion on the postponement, would you be willing to consider amending the
motion to postpone to November 15th?
Withdraw Motion to Ms. Lee Loy withdrew her motion to postpone.
Postpone:
Motion to Postpone: Ms. Lee Loy moved to postpone Bill 66, Draft 2, to
November 15, 2023. Seconded by Ms. Kagiwada.
CHR. KIMBALL: Starting with Council Member Evans on the postponement.
MS. EVANS: Thank you. I do not support the postponement. I believe, and I'll
restate, that clarity comes through rulemaking. I think you really heard a lot today
about what does it mean if you have five acres and someone puts an `ohana in the
back or mother-in-laws or ADU (accessory dwelling unit) or whatever it is, and
their system is less than 10 kilowatts for that facility, it's not connected at all to
the other that's what rulemaking does. It provides complete clarity to people
that want to do the right thing. We have law-abiding citizens here. We really do.
And I trust that if we're clear on what we want and how we interpret things,
they'll understand it. And it's got to be through rulemaking. I do not support,
again, us continuing to add this kind of stuff into our Code, and I'm going to vote
against the postponement. Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Villegas.
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Hawaii County Council-24 October 18,2023
MS. VILLEGAS: I won't be supporting the postponement because I—some of
you had the opportunity and didn't have to be here doing some of our Code
amendments that happened in a prior term and the arguments made during that
time to not having a stamp. I can't help but remember that irony and the way
that—the disparity and the intentionality. So, at that time, it was no stamp for
factory-built homes and pushing through our Code amendments. And this time
it's for making sure we do have that stamp. To me, that doesn't make sense and
that calls out hypocrisy.
CHR. KIMBALL: All due respect, let's keep the conversation to whether or not
to postpone and
MS. VILLEGAS: That is why I will not be voting to postpone because I don't
think, to me, the true intentionality is about a stamp. It's about—
CHR.
boutCHR. KIMBALL: I'm going to stop you there, Council Member Villegas. I've
been hesitant to weigh in with respect to this conversation, but I will kind of lay
down the law right now, which is when we are discussing matters as a body, we
need to just stick to the merits of the issue and not make implications about what
anyone's intended, whether it be department, whether it be another Council
Member. So let's please stick to the merits of the issue, and then keep it on topic,
which right now is the matter of postponement to the 15''. So if you'd like to
MS. VILLEGAS: Thank you. My apologies, Chair Kimball. I will not be
supporting this postponement for personal and professional reasons.
CHR. KIMBALL: Thank you. Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. On the postponement. You can't put
the toothpaste back in the tube. You just can't when it comes to policymaking. I
do think that there are valid concerns raised, especially with the integration of
separate systems, and I do think it warrants robust discussion by the full body. So
will be supporting postponement to our November meeting just so that we can
hear all the potential ways in which to provide more clarity around this very
significant change to our Code. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on
postponement? Council Member Kagiwada.
MS. KAGIWADA: Thank you. I'll be supporting the postponement. I still think
it's unclear, and maybe we want to make sure like the DPW (Department of
Public Works) Director is here next time to be crystal clear about where the
department stands as a whole on this issue. It sounds to me like there's some
confusion about whether this type of amendment is needed or the department
already sees it a certain way. So I'm still very unsure from a departmental point
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Hawaii County Council-24 October 18,2023
of view where they stand on that; so if we could find out. I know you worked
with them on this amendment, but it still seems a little unclear to me. So I would
like to postpone and have a little more discussion. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. I'll quickly pitch it
back to Hilo. Council Member Kaneali`i-Kleinfelder, any discussion on the
postponement?
MR. KANEALII-KLEINFELDER: I do not support the postponement.
CHR. KIMBALL: Thank you, Council Member. Anyone else? All right, let's
go ahead and take the vote on this. Mr. Clerk, roll call, please, on the
postponement to November 15'h of Bill 66, Draft 2.
Vote on Motion to The motion to postpone Bill 66, Draft 2, to November 15,
Postpone: 2023, was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, and Chair Kimball —6.
Noes: Council Members Evans, Kaneali`i-Kleinfelder,
and Villegas —3.
Absent: None.
Excused: None.
(Note: Mr. Inaba voted "kanalua"then "aye.")
MR. HENRICKS: The motion carries. This matter is postponed to November 15,
2023.
CHR. KIMBALL: Thank you.
Bill 67: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Appropriates revenues in the Federal Grants —Broadband Equity Access and
Deployment Planning Funds-Federal account($100,000); and appropriates the same
to the Broadband Equity Access and Deployment Planning Funds-Federal account
($100,000). Funds would be used to assist in the development and implementation
of a plan to achieve equitable internet access for all Hawaii residents.
Reference: Comm. 445
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: October 4, 2023
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Hawaii County Council-24 October 18,2023
Vote on Bill 67: Mr. Kaneali`i-Kleinfelder moved to pass Bill 67 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 67 is adopted at second and final reading.
Bill 68: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Appropriates revenues in the Federal Grants —Affordable Connectivity Outreach
Grant Program account($175,000); and appropriates the same to the Affordable
Connectivity Outreach Grant Program account. Funds would be used to provide
services and financial assistance for internet subscription fees for qualified
households on Hawaii Island.
Reference: Comm. 446
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: October 4, 2023
Vote on Bill 68: Mr. Kaneali`i-Kleinfelder moved to pass Bill 68 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 68 is adopted at second and final reading.
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Hawaii County Council-24 October 18,2023
Bill 69: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —National Criminal History Improvement
Program account($580,000); and appropriates the same to the National Criminal
History Improvement Program account. These additional funds would be used by
the Prosecuting Attorney's Office for a new case management system, increased
internet bandwidth, licensing, and replacement of computers to improve the quality,
timeliness, and accessibility of criminal history records.
Reference: Comm. 447
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: October 4, 2023
Vote on Bill 69: Mr. Kaneali`i-Kleinfelder moved to pass Bill 69 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 69 is adopted at second and final reading. Please correct
me but I believe that is all of our bills and resolutions, and we are now down to
our Executive Session communications.
MR. HENRICKS: That is my accounting of the record.
CHR. KIMBALL: All right, great.
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.)
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
CHR. KIMBALL: Just a reminder to everyone if we choose to go into Executive
Session with these, we will have to do two individual sessions. So, coming out in
between.
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Hawaii County Council-24 October 18,2023
Comm. 531: JAMES GRELL V. COUNTY OF HAWAII; CV 23-00328 JAO-RT
From Deputy Corporation Counsel Steven K. Idemoto, dated September 26, 2023,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including settlement discussion.
Motion to Close Ms. Lee Loy moved to close file on Comm. 531. Seconded
File: by Ms. Galimba.
MS. LEE LOY: Chair, looking for guidance from my colleagues if we need to
get into Executive Session for this matter. I'd be happy to get us there.
CHR. KIMBALL: Thank you. Any discussion from the body on whether or not
to get into Executive Session on this item? Council Member Kagiwada.
MS. KAGIWADA: I would like to go into Executive Session.
CHR. KIMBALL: Okay. Yes, please go ahead, Council Member Lee Loy.
Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in
Enter into order to hold attorney-client privilege discussion regarding
Executive Session: Communication 531, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. 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: We'll now enter into Executive Session. Let's take a recess of
about five minutes while they
MR. HENRICKS: Please secure the Hilo chambers.
CHR. KIMBALL: Thank you.
Recess: At 11:42 a.m., the Chair called for a recess in order to clear the
room.
Reconvene: The meeting reconvened at 12:00 p.m.
CHR. KIMBALL: All right, we are back out of Executive Session. Council
Member Lee Loy.
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Hawaii County Council-24 October 18,2023
MS. LEE LOY: Thank you, Chair. While in Executive Session, the body queried
the Corporation Counsel on its powers, duties, privileges, and immunities. And
based on that, I would like to make a motion to accept the recommendation of
Corporation Counsel on the matter contained within Communication 531,
CV23-00328 JAO-RT.
Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of
Concur: Corporation Counsel regarding Comm. 531. Seconded by
(Approved) Ms. Evans and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Vote on Comm. 531: The motion to close file on Comm. 531 was carried by the
Filed following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Comm. 532: MARY BUCKINGHAM AND MARTIN BUCKINGHAM V. COUNTY OF
HAWAII, ET AL.; CIVIL NO. 3CCV-21-0000250
From Deputy Corporation Counsel E. Britt Bailey, dated October 2, 2023,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including litigation filed by Bickerton Law
Group LLLP on behalf of their clients Mary and Martin Buckingham.
Motion to Close Ms. Lee Loy moved to close file on Comm. 532. Seconded
File: by Ms. Galimba.
MS. LEE LOY: Chair, happy to get us to Executive Session and looking for
direction from my colleagues.
CHR. KIMBALL: Thank you. Opening it up to the body. Is there an interest in
entering into Executive Session on this item?
MS. KAGIWADA: All right. Yes, I am interested.
CHR. KIMBALL: Okay, thank you, Council Member Kagiwada.
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Hawaii County Council-24 October 18,2023
Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in
Enter into order to hold attorney-client privilege discussion regarding
Executive Session: Communication 532, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba
and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: We'll go ahead and reenter Executive Session.
MR. HENRICKS: Please secure the Hilo chambers.
Recess: At 12:04 p.m., the Chair called for a recess in order to clear the
room.
Reconvene: The meeting reconvened at 12:29 p.m.
CHR. KIMBALL: All right, we are back out of Executive Session. Council
Member Lee Loy, would you mind?
MS. LEE LOY: Thank you, Chair. Upon consultation with Corporation Counsel
on the Council's powers, duties, privileges, immunities, and liabilities, I'd like to
make a motion to accept the recommendation from Corporation Counsel on Civil
No. 3CCV-21-0000250.
Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of
Concur: Corporation Counsel regarding Comm. 532. Seconded by
(Approved) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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Hawai`i County Council-24 October 18,2023
Vote on Comm. 532: The motion to close file on Comm. 532 was carried by the
(Filed) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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.
ADJOURN- There being no further business, at 12:30 p.m., Ms. Lee Loy moved to adjourn the
MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball— 8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. KIMBALL: We are adjourned at 12:30 p.m. Thank you.
NOV 1 5 2023
Council Approval:
COUNTY CLERK
JH/dg
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