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HomeMy WebLinkAboutMIN PCHSW 2023/10/17 (2022-2024) Policy Committee on Health, Safety, and Well-being 5th Session West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i October 17, 2023 CALL TO The regular meeting of the Policy Committee on Health, Safety, and ORDER: Well-being was called to order at 4:26 p.m., in the Council Chambers, Kailua-Kona, by Ms. Jenn Kagiwada, Chair. ROLL CALL: Present: Ms. Jenn Kagiwada, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member Ms. Ashley L. Kierkiewicz, Member(via video conference from Hilo) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member(came in later) STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Timothy Rowan: Bill 82 (Comm. 496.3), in support. (representing Malama 0 Puna) Gilbert Hauanio, Jr. Bill 82 (Comm. 496.3), in support. Carrie Kowalski Bill 82 (Comm. 496.3), in support. Shelly Stevens Bill 82 (Comm. 496.3), in support. Gay Barfield Bill 82 (Comm. 496.3), in support. Jordan Epperson Bill 82 (Comm. 496.3), in support. PCHSW-5 October 17,2023 Recess: At 4:41 p.m., the Chair called for a short recess. Reconvene: The meeting reconvened at 6:22 p.m. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 82: AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDS A NEW (Draft 2) ARTICLE TO CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVING, GRADING, REPAIRING, OR CONSTRUCTION WORK UPON PRIVATE, NONDEDICATED, AND NON-SURRENDERED ROADS Allows for entities who are authorized to make legal decisions regarding private, nondedicated, and non-surrendered roads that are open to the general public and necessary for public transportation to request that the County improve, grade, repair, or perform other construction work upon such roads. Reference: Comm. 496.3 Intr. by: Mr. Kaneali`i-Kleinfelder Postponed: October 3, 2023 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Kierkiewicz, to recommend passage of Bill 82, Draft 2, on first reading.) (Note: Comm. 496.22 dated October 13, 2023, from Matt Kaneali`i-Kleinfelder transmitting proposed amendments to Bill 82, Draft 2, was circulated.) CHR. KAGIWADA: Would you like to go ahead with your amendment? MR. KANEALI`I-KLEINFELDER: I would say this, I made a few phone calls since the last reading. The department and I met after our last meeting. There is an amendment that I have in your folders. I would actually like there to be more eyes on the amendment. What I'm getting at is at this point, my discussions with Corporation Counsel and Public Works have been fairly positive. This bill has been kind of back and forth and kicked around for almost eight weeks now, so I am tempted to do one thing and I'd like your input on this. I attempted to ask to push this to first reading because we postponed, postponed, postponed, postponed. The community has been in support of it, the department and Corporation Counsel has been supportive. I'm tempted to ask if you folks would be comfortable moving this forward to Council and having the amendment ready, but having everyone's eyes on the amendment? CHR. KAGIWADA: Are you saying to go ahead and push it to Council and add the amendment once we get to Council, is that what you're suggesting? Page 2 PCHSW-5 October 17,2023 MR. KANEALI`I-KLEINFELDER: That would be one option in my head. I'm more than willing to run through this, but we are short of three Council Members. CHR. KAGIWADA: Okay, I'd like to hear from the body on this. Go ahead, Ms. Kimball. MS. KIMBALL: Yeah, appreciate the amount of time invested into this legislation and not surprised either because it's pretty complex, it's very thorough. You've clearly done a lot of homework with the department, with Leslie, with LRB (Legislative Research Branch). You know, I know there's a lot to this. I think it's important, especially given the discussion that we had last time to not maybe vote on this amendment today. Particularly, because the feasibility and that piece of it was part of the discussion, as well as taking out"k," and you and I talked about that on the phone. I'm not sure where the rest of the body is on this. And if we don't have everybody here, that could be a mechanism by which this amendment went down, and that could be problematic. My recommendation would be, though, to keep it here in Committee, and I know you want to move it, and that's not a show of lack of support from my side. It's just that I feel like we want to truly invest the time in getting this absolutely right. If there were funding, like knocking on the door to implement this right away, that would be a motive to push it more quickly, but there isn't. I mean this is just Step One. Step Two is going to be able to find the funding to actually implement this program. So, my recommendation would be to suggest a postponement, understanding that we have a little bit of a challenge next hearing as well. So, you know that I certainly understand why that's part of your consideration. But I think, you know, perhaps the Council Members that are going to be absent on the 31st, could talk a little bit about where they are with the bill today and holistically, we can put it together with everybody on the 31St. Just my thoughts on that. Thank you, Chair. I yield. CHR. KAGIWADA: Other people weighing in on where we go from here? Yes. MS. EVANS: Yes, I will not be here October 31St to November 1st. I know that it's possible they'll have some other people not present. So, my recommendation, I mean I know it's late, but I'd love to give input today on this. If you want to bring it back on those days when I'm not here, I'd love to talk about it today. CHR. KAGIWADA: Just for verification, are you talking about the amendment or about the bill itself. Page 3 PCHSW-5 October 17,2023 MS. EVANS: The amendment and the bill. I would say either we have conversation today because I won't be there on the 315` or be willing to keep it going and make sure that, you know, the following in November that, hopefully it moves. I like it, but it's just a suggestion. Let's see where it goes. Thank you. CHR. KAGIWADA: Thank you. Anybody else want to weigh in how we're moving this forward at this point? Yes, Council Member Inaba. MR. INABA: Either way, our next reading, three of us will be gone again. So, I'm not sure if we want to postpone to a month out when everyone's here; and keep it in Committee and guarantee that the membership is here. So, we can all decide. I know I have some problems personally with the language of the amendment today. So, I think maybe the postponement would be the best thing, because even if we do move it forward to Council, three of us will be missing at the next reading. Thank you. CHR. KAGIWADA: Yes, Ms. Villegas. MS. VILLEGAS: I concur. You know, my apologies, I wasn't able to attend. I wasn't here for the first Committee. But in looking at this amendment, I look forward to taking in—but, yeah, we're kind of at a rock in a hard place with the fact that we've got three people not here tonight. But, yeah, the three of us will be gone the next time. So, thank you. CHR. KAGIWADA: Alright, yes. Council Member Kimball. MS. KIMBALL: Yeah,just one note to the maker too, is that,just double-check the effective date that the bill is a year from the approval. So, you could always cut back the time on that and actually put the effective to a date certain. It was like nine months out. So, if we're running a little slow on the frontend here—so I would recommend postponing to that second committee hearing in November when everybody should be back. CHR. KAGIWADA: And to the maker, I would just say, we haven't had a chance to have Finance in any of these discussions yet either. And I think they were supposed to be here today. But obviously, it's very late. So, I would also prefer to postpone until we have Finance weigh in. MR. KANEALI`I-KLEINFELDER: Okay, I heard loud and clear. We did have Finance at our last meeting, but interesting enough, no one actually called her up to ask her any questions. CHR. KAGIWADA: And she is actually there right now. MR. KANEALI`I-KLEINFELDER: Yes, still there. Page 4 PCHSW-5 October 17,2023 CHR. KAGIWADA: Deanna you're a star, but once again, we're missing several people. So, are you willing to wait until the 14th and consider maybe shortening that time up, as Council Member Kimball suggests? MR. KANEALI`I-KLEINFELDER: Yes, I am. No, I'm not. I'm impatient but I can wait. I'd rather get it done right. But to say again, we are on, actually the second iteration of this bill, a whole different form and about five amendments in. And if you look at this amendment today, you can kind of get a feel for where we've gone. Although it seems big, it's a lot of housekeeping and really bringing in some of the things that were discussed at the last meeting. But I would like everyone's eyes on it. CHR. KAGIWADA: Would you like to make a motion? MR. KANEALI`I-KLEINFELDER: Yeah, you know, Ms. Sako, thank you for being here tonight. CHR. KAGIWADA: Poor Deanna. MR. KANEALI`I-KLEINFELDER: I don't even know, is anyone from DPW (Department of Public Works) available? MS. KEKAI: I'm here Matt, on Zoom. MR. KANEALI`I-KLEINFELDER: You're awesome, Malta. Thank you for being here tonight. Okay, thank you for being here. I'm sorry, but we're short on our Council Members, and given that we're going to motion to postpone Bill 82, Draft 2, until the November 14th Committee meeting. Motion to Postpone: Mr. Kaneah`i-Kleinfelder moved to postpone Bill 82, Draft 2, to November 14, 2023. Seconded by Mr. Inaba. Vote on Motion The motion to postpone Bill 82, Draft 2, to to Postpone: November 14, 2023, was carried by the following (Approved) voice vote: Ayes: Committee Members Evans, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kagiwada—6. Noes: None. Absent: Committee Members Galimba, Kierkiewicz, and Lee Loy—3. Excused: None. Page 5 PCHSW-5 October 17, 2023 ADJOURN- There being no further business, at 6:33 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Evans, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kagiwada—6. Noes: None. Absent: Committee Members Galimba, Kierkiewicz, and Lee Loy —3. Excused: None. CHR. KAGIWADA: We are adjourned at 6:33 (p.m.). Approved: l/ )?/i /2-3 Ms. Jenn ' .giwada, hai - (Date) Policy Committee on Health, Safety, and Well-being JK/dt Page 6