HomeMy WebLinkAboutMIN COUNCIL 2024-01-10 2022-2024 Hawaii County Council
29th Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
January 10, 2024
INVOCATION: Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member(via videoconference from Kona)
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time:
EXPRESSIONS OF 1) Mr. Inaba presented the January 2024 Haweo Award to Fire Prevention
CONDOLENCE: Inspector I Tyson Goo of the Hawaii Fire Department;
2) Ms. Kagiwada presented a Certificate of Condolence to the family of the late
James "Jim" Kauahikaua; and
3) Ms. Lee Loy presented a Certificate of Merit to Irene Pacheco for her
accomplishment in receiving the "Housekeeper of the Year"Na Po`e Pa`ahana
Award at the Hawaii Lodging and Tourism Association's annual statewide
awards ceremony.)
Hawaii County Council-29 January 10,2024
(Note: A recess was called at the end of each presentation.)
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:
Clare Loprinzi: Res. 392-24 (Comm. 650), comment; and
(representing Na Iwi Kupuna) Bill 107 (Comm. 609), in opposition.
Timothy Rowan: Bill 82, Draft 4 (Comm. 496.53), in support.
(representing Black Sands and
Malama O Puna)
Gregory DiBenedetto: Bill 82, Draft 4 (Comm. 496.53), in support.
(representing Black Sands Beach
Property Owners Association)
Carrie Kowalski: Bill 82, Draft 4 (Comm. 496.53), in support.
(representing Black Sands Beach
Property Owners Association)
James Correa: Bill 103, Draft 2 (Comm. 599.15), in support.
Terri L. Napeahi: Bill 107 (Comm. 609), in opposition.
Rod Cambra: Bill 103, Draft 2 (Comm. 599.15), in support.
Jasmin Rios: Bill 102, Draft 2 (Comm. 593.4), in opposition.
Jill Tamashiro: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Department (See Comm. 593.53)
of Health)
Jon Olson: Bill 82, Draft 4 (Comm. 496.53); and
Bill 107 (Comm. 609), in support.
Justine Kamelamela: Bill 107 (Comm. 609), in opposition.
(representing Keaukaha (See Comm. 609.28)
Pana`ewa Farmers Association)
Jeff Finley: Bill 82, Draft 4 (Comm. 496.53), in support.
(representing Hawaiian
Paradise Park Owners Association)
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Hawaii County Council-29 January 10,2024
Maile Lu`uwai: Bill 107 (Comm. 609), in opposition.
(representing Keaukaha (See Comm. 609.34)
Pana`ewa Farmers Association)
Nako`olani Warrington: Bill 107 (Comm. 609), in opposition.
(representing Kupuna for (See Comm. 609.31)
the Mo`opuna)
Bridgit Bales: Bill 107 (Comm. 609), in opposition.
Eileen O'Hara: Bill 82, Draft 4 (Comm. 496.53), in support; and
Bill 107 (Comm. 609), comment.
Liza Ryan Gill: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Campaign for (See Comm. 593.51)
Tobacco-Free Kids)
Jordan Epperson: Bill 82, Draft 4 (Comm. 496.53);
Bill 102, Draft 2 (Comm. 593.4); and
Bill 107 (Comm. 609), in support.
Dawn Rego-Yee: Bill 108, Draft 2 (Comm. 626.5), in support.
(representing Ceeds of Peace) (See Comm. 626.8)
Kiana Kanahele: Bill 107 (Comm. 609), in opposition.
Lanell Lua: Bill 107 (Comm. 609), in opposition.
Jolani Shrinski: Bill 82, Draft 4 (Comm. 496.53), in support.
Steven Dunn: Bill 82, Draft 4 (Comm. 496.53), in support.
Patrick L. Kahawaiolaa: Bill 107 (Comm. 609), in opposition.
(representing Keaukaha
Community Association)
Stephanie Bath: Res. 392-24 (Comm. 650);
Res. 394-24 (Comm. 652);
Res. 396-24 (Comm. 654);
Res. 405-24 (Comm. 669);
Bill 82, Draft 4 (Comm. 496.53); and
Bill 102, Draft 2 (Comm. 593.4), in support.
Kealoha Madriaga: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Hawaii Public (See Comm. 593.55)
Health Institute)
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Hawaii County Council-29 January 10,2024
Zoe Gacayan: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Hawaii Public (See Comm. 593.55)
Health Institute and Hawai i
Island Youth Academy)
Keshia Madriaga: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Hawaii Island (See Comm. 593.59)
Youth Academy)
H5'ena Carvalho: Bill 102, Draft 2 (Comm. 593.4), in support.
Shani "Kai" Carvalho: Bill 102, Draft 2 (Comm. 593.4), in support.
(representing Hamakua-Kohala
Health and Tobacco-Free
Hawaii Island)
Amedeo Markoff: Bill 82, Draft 4 (Comm. 496.53);
(representing Mainstreet Bill 102, Draft 2 (Comm. 593.4);
Pahoa Association) Bill 107 (Comm. 609); and
Bill 110 (Comm. 639), in support.
Floyd D. Eaglin: Bill 107 (Comm. 609), in opposition.
Destin Martines, Jr.: Bill 102, Draft 2 (Comm. 593.4), in support.
(See Comm. 593.60)
Sherri Carden: Bill 82, Draft 4 (Comm. 496.53), in support.
CHR. KIMBALL: Thank you so much, Mr. Araceley, and I will share that last
comment made. I just want to appreciate everybody that took the time out today
to testify on all the matters before us. It's really important to have that level of
civic engagement in our processes. We're going to take a brief, five-minute
recess,just to give everybody a quick break before we go on to the agenda, but I
did want to let folks know we're going to do our communication real quick. We
have our reports with respect to nominations, then we will do Bills 102, 107, and
then 82,just for your planning purposes. So, we're going to take a five-minute
break. We'll come back at 11:16 (a.m.), thank you. We're in recess.
Recess: At 11:12 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:21 a.m.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
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Hawaii County Council-29 January 10,2024
Comm. 657: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KAGIWADA,
KIMBALL, AND LEE LOY AT THE KAMEHAMEHA SCHOOLS MEETING
HELD AT ITS KEA`AU CAMPUS ON DECEMBER 11, 2023, PURSUANT TO
HAWAII REVISED STATUTES SECTION 92-2.5(e)
From Council Member Jenn Kagiwada, dated December 11, 2023.
Motion to Close File: Ms. Kagiwada moved to close file on Comm. 657.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Nothing really to add. It was a good, informative meeting. I
don't know if my colleagues want to add anything, but yeah, it would have
beenI think it would have been great if everybody could attend,just because
they have a lot of good information. But anyway, I'll leave it up to anybody else
to add.
CHR. KIMBALL: Thank you. Anyone else? Comments on the communication?
Seeing none, all those in favor of closing file on Communication 657 please say
Ic aye.
Vote on Comm. 657: The motion to close file on Comm. 657 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.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
GOEAC-90 NOMINATION OF NONA WILSON TO THE BANYAN DRIVE HAWAII
(Comm. 615): REDEVELOPMENT AGENCY
Postponed: December 20, 2023
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Inaba, to confirm
Ms. Wilson's nomination to the Banyan Drive Hawaii Redevelopment Agency.)
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Hawaii County Council-29 January 10,2024
Vote on GOEAC-90: The motion to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 90 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.
Executive Assistant to the Mayor Pomaika`i Bartolome
came forward and provided a brief narrative of the
nominee's background and experience. Council Members
spoke in favor of the appointment.
GOEAC-94 NOMINATION OF BRIAN CUSHNIE TO THE FIRE COMMISSION
(Comm. 624):
Requires Council
Confirmation by: January 13, 2024 (Section 13-4(k),
Hawaii County Charter)
Vote on GOEAC-94: Ms. Lee Loy moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 94. Seconded by
Mr. Inaba 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.
GOEAC-95 NOMINATION OF ERICA PEREZ TO THE ENVIRONMENTAL
(Comm. 625) MANAGEMENT COMMISSION
Requires Council
Confirmation by: January 13, 2024 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-29 January 10,2024
Vote on GOEAC-95: Ms. Lee Loy moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 95. Seconded by
Ms. Kagiwada 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.
Bill 102: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO THE PROHIBITION OF FLAVORED TOBACCO PRODUCTS
Prohibits retailers from selling, offering to sell, marketing, displaying, or
advertising for sale any product made of or derived from tobacco or nicotine that
imparts a taste or smell other than the taste or smell of tobacco. Includes a
prospective effective date of 42 days after the day that State law governing the sale
of tobacco products is either repealed or suspended.
Reference: Comm. 593.4
Intr. by: Ms. Lee Loy
First Reading: December 20, 2023
Motion to Approve: Ms. Lee Loy moved to pass Bill 102, Draft 2, on second
and final reading. Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Yeah, thank you so much. You know, it is a glorious day, today,
and I just really want to thank all of our testifiers that stuck with it. I mean they
showed up just before the holidays, drove over to Kona, testified, and here they
are today. Really,just take a moment to take it in and really was all of your hard
work, all of your consistent and passionate testimonies that has created this space
for a healthier future for all of our kids. So, thank you. Chair, urging all of my
colleagues' support. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member
Kagiwada.
MS. KAGIWADA: Thank you, Chair, and thank you, Council Member Lee Loy.
This is really a really important bill. I'm just wondering if you know, because it
was brought up by a testifier today as well as the Youth Commission testifier last
time, if there's a plan for some education and/or support for people who want to
quit and get off tobacco, that kind of follows after this bill? I'm just wondering if
you could just quickly, maybe just say a little so the public can hear about that.
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Hawaii County Council-29 January 10,2024
MS. LEE LOY: Yeah, absolutely. We have a number of individuals here who,
you know, are counselors to that. There's anothera lot of resources and funds
available for them to quit, along with support systems. I know tobacco-free
coalition, who is a huge sponsor of all of this work, has all the tools in the tool
belt. So, I would encourage anyone who's interested to reach out to all of our
individuals here. They have absolute great pathways for a healthy future.
MS. KAGIWADA: Terrific, and I just encourage all the organizations that are
doing this work to please share if you have information you want to get out to the
public; educational information or services that might be available to share with
the Council Members because most of us have, you know, all of us have ways to
reach out to more people, and would love to help with that effort. Thank you so
much, I yield.
CHR. KIMBALL: Great. Thank you, Council Member Kagiwada. Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I was listening to you folks
today. What caught my attention really was the keikis. You guys did a
tremendous job. You may not think so. You may be wondering why you're
sitting here and how boring this is because sometimes it is boring, honestly, but
you came in time after time, weeks apart. You maintained the same testimony.
I've seen different testifiers.
I don't know your name on the very far right, right in front of me. I know you
read from your phone, but I tell you, I hardly ever see kids your age come up here
and testify and understanding this process, which I heard from multiple testifiers
actually comment on you folks, especially you, coming in to testify and being
present for this and participating in our governmental processes, which again, not
too exciting sometimes, is incredibly important. Because if you learn now, later
on it's easy. And if you don't participate, things happen that you may or may not
like. You may not love it, but knowing how to participate is incredibly important,
and I cannot stress that enough. The reason this is happening is because you folks
are participating, because your parents talked to Council Members, knew State
law, knew different people to talk to who were tracking this for probably years,
just to get this in front of us and make this decision.
It's incredibly important to understand this process, and so I cannot stress it
enough. It's just exciting to see everyone come in and listen to your different
stories and why this is important to you. But I just needed to say that. And it's
been said, but I'm stressing it, learn this process and understand it. I have a good
friend who always says, "The world is run by those who show up." That is
incredibly true because if you don't come in here and you don't say anything,
whatever happens, happens. But just your voice, which we hear a lot, "Hey, I'm
only one person; it doesn't matter what I say." Sometimes, that one voice is
enough to break the decision and to send it one way or the other. You've sat
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Hawaii County Council-29 January 10,2024
through a number of different issues so far that may seem weird or may seem
nonsense or, like I said, incredibly boring, but you're listening to it and you're
understanding why people are here, what they're saying, and why they're saying
it, and what they hope to do by saying those things. So, keep that in the back of
your mind. Always come here to participate, don't forget how important it is,
listen to your parents, all of those things we parents say. But I'll be totally
supporting this today and, you know,just mahalo for what you're doing. So,
good job,parents. Thank you. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member. Council Member Galimba.
MS. GALIMBA: Thank you, Chair. So, I also want to say thank you for
especially the youth testifiers. You are very effective and make it very, very
difficult for me to continue to be, sort of, the person that disagrees on this. So, I
just want to congratulate you, but I also think it's important, too, to sort of
people can disagree, and I think it's important to see that too. But also, I really
want to say that I hear you and made really great points.
And the reasons that I will be voting no on this again, and there are a few reasons,
one of—the thing that's most important really for me is I think there's questions
about personal choice and personal autonomy and grown-ups being able to make
choices. Even though it's not good for them, they, I think, should have the right
to make those choices, especially if it doesn't affect other people. And there's
definitely an argument here that making those bad choices about their bodies
affects other people in the health care costs that society has to uphold and their
family having to take care of them when they get sick, sooner rather than later.
The other part of this is that logically, really, it's the tobacco that is causing the
harm. So, logically, I think we should be banning tobacco entirely. I get the
argument about the flavor companies targeting children with the flavors and that
is wrong, so I get that argument. However, it is the tobacco that is actually really
harming peoples' health.
And then finally, it is already illegal for kids to have any kind of tobacco. So,
really, in some ways, this is an enforcement issue more than anything, which
banning it for adults is going to continue to be an enforcement issue. And I don't
have the answer for how we enforce it so that kids don't have access to it.
So, I totally am just in awe of your very effective and eloquent testimony, and the
positive effects, especially the young man talking about how his efforts are
changing people in his family and what they're, you know, making the choices,
making better choices or trying to. So, I really want to applaud all of you for that.
Thank you very much.
CHR. KIMBALL: Thank you, Council Member Galimba. Council Member
Kierkiewicz.
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Hawaii County Council-29 January 10,2024
MS. KIERKIEWICZ: Thank you, Chair. I'll be supporting this bill. I have a
daughter that's 11, my son is 6, and this is something I can definitely do for them.
I've been so moved by your continued presence and testimony through
Committee, each of these readings. Thank you for your patience; this is a big win
today. But the fight's not over because we have to now take this fight to our State
Capitol, and it's going to be hard. It's going to be difficult. You're going to be so
incredibly frustrated because a lot of times conversations are happening behind
closed doors and it just seems so logical, right, to do the right thing. And you
think that you're so close, and they rip the rug right from under you. But I want
to continue to encourage you to keep at it.
I was really moved by Dustin's testimony where you talked about how your
`ohana decided, because of the efforts that you are making in your community, to
quit. I wish my dad did that. My dad was a lifelong drinker and smoker. He died
15 years ago this year, and I feel a little bit cheated because of these vices that are
so accesible to our community. Yes, people do have a choice. Adults have a
choice. But sometimes they're not strong enough to do the right things, and
what's left are our broken families.
So, I am so moved by all of your passion and your continued fight. And I want to
thank Council Member Lee Loy for bringing this forward. Again, this is not
going to go into effect today. We still need the State Capitol to act, but at least
we've done our part to proactively shape a safer and more healthy community for
our kids and future generations. Thank you, Chair.
CHR. KIMBALL: Thanks, Council Member Kierkiewicz. Anyone else?
Checking in with Kona.
MS. EVANS: Yes, please, I have a comment. Thank you.
CHR. KIMBALL: Go ahead.
MS. EVANS: It's just so wonderful to hear the testifiers today, and I'm going to
thank you all for showing up. And that's so true to Council Member Kaneali`i-
Kleinfelder, showing up makes a lot of difference.
I am going to be supporting this bill, but I did want to acknowledge what Member
Galimba pointed out. You know, I want people to have the right to smoke
tobacco. I don't believe what we're trying to do right now is regulating tobacco.
I think what we're regulating is business behavior, and for me, that's where the
dividing line is, because I think people should have the right to smoke. But
tobacco is plant-based, grown in the ground. It's something people have been
smoking for hundreds, maybe thousands, of years who know that tobacco grows
like other things grow, and people have been smoking it. So, I don't have an
issue with that.
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Hawaii County Council-29 January 10,2024
What I have an issue with is the behavior that has happened in businesses by
adding these additional additives that basically aren't—as we can tell by every
statistic that was given to us today, and I want you to know was a very effective
testimony by giving us statistics, showing the surveys, showing the polls. You
know, you're here today because you get it, that in fact whatever the businesses
have done by adding these flavors, they have tried to get people addicted.
They've tried to, you know, get people in the door to buy this stuff.
So, for me, it's not about the right to smoke tobacco. This is about business
behavior that I believe is unacceptable. And we regulate business behavior in the
State all the time. So, for that reason, I will be supporting the bill. I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing
none, I'll just make a few final comments. You know, I think we can see where
the bill is going today. I'm actually grateful that we have a Council Member who
is disagreeing with the majority here,just because, as Council Member Kaneali`i-
Kleinfelder was saying, it's really important that you see how we can deliberate
these issues, have disagreements and perspectives, but still have a civil discourse
about it.
To that point, I'm going to disagree strongly with my colleague here and say that
these meetings are super exciting and interesting, and I hope that you will all go
back to your—speak to your friends and tell them how cool it was to be at the
Council, so much anticipation and excitement. It's better than going to a movie or
something like that. We're so cool. You know, Ashley's a great dresser. There's
lots of good things you can say about us to your friends.
So anyway, I do really appreciate you all being here. I want to appreciate Council
Member Lee Loy, of course, for putting this forward. And I'm hopeful that with
the successful passage here today, passage of similar legislation, City and County
of Honolulu, and then of course the HSAC (Hawai`i State Association of
Counties)package including the repeal of the preemption, we're sending a really
strong signal to our State legislators that this is something that the counties
support and feel strongly about.
So, thank you, folks, again for your efforts today and participating in the process.
It is really important. And certainly, your experience of learning and engaging in
this process today is something I hope you will share with your fellow students
when you get back home. So, thank you. With that, we'll take the vote. All
those in favor of approving
MR. HENRICKS: Madam Chair, I think we need a roll call.
CHR. KIMBALL: Oh yes, thank you.
MR. HENRICKS: Probably, maybe not.
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Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Yes. No, I think we do need a roll call.
Vote on Bill 102: The motion to pass Bill 102, Draft 2, on second and final
Draft 2 reading was carried by the following roll call vote:
(Adopted)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball–8.
Noes: Council Member Galimba– 1.
Absent: None.
Excused: None.
Point of Personal MS. LEE LOY: Chair,point of personal privilege.
Privilege:
CHR. KIMBALL: Go ahead.
MS. LEE LOY: Short recess? We have a bunch of kids who want to take a photo
with us, upon passage of this bill.
CHR. KIMBALL: Because we're so cool, right?
MS. LEE LOY: So cool.
CHR. KIMBALL: They want to post it on their socials and say, "Look who I saw
today."
MS. LEE LOY: Here they come.
CHR. KIMBALL: Alright, we'll take a quick—let's just make it a couple of
minutes here to take some pictures and then we'll get back to the business of the
day.
MS. LEE LOY: Thank you, Chair.
Recess: At 11:59 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:02 p.m.
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Hawaii County Council-29 January 10,2024
Bill 103: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE,
(Draft 2) CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE BALLFIELD
AT THE DR. FRANCIS F. C. WONG STADIUM IN THE HO`OLULU
COMPLEX THE "JAMES "JIMMY" CORREA BALLFIELD" IN HONOR OF
JAMES "JIMMY" CORREA
Reference: Comm. 599.15
Intr. by: Ms. Kierkiewicz and Ms. Lee Loy
First Reading: December 20, 2023
Motion to Approve: Ms. Lee Loy moved to pass Bill 103, Draft 2, on
second and final reading. Seconded by Ms. Kierkiewicz.
CHR. KIMBALL: Council Member Lee Loy, do you want to start us off?
MS. LEE LOY: Yeah, thank you. You know, we've heard wonderful testimony
from the Committee, but someone we did not hear from is our Director of Parks
and Recreation Department, Maurice Messina. Just want to put the icing on the
cake to make sure that this is in alignment with our Parks Department and has the
support of our Administration. Mr. Messina.
(Note: At this time, Parks and Recreation Director Maurice Messina came
forward to address the members of the Council.)
MR. MESSINA: Good morning. Maurice Messina, Director of Parks and
Recreation. Very simply, yes, we are 100 percent in support. I was texting with a
lot of people that night of the testimony, that very long night that a lot of people
had, and it became clear and evident that this is what the community wants. This
is what our staff wants. This is what their fathers and mothers want. So, we're
going to be moving forward with it, and the recommendations for the three signs.
Met with Dean Goya today, who manages the Ho`olulu Complex, and we don't
have any issues, and we would also like to see this happen.
MS. LEE LOY: Thanks, Director, and thank you for confirming that. This bill,
you know, moves forward right now, but actually takes adoption, or actually takes
effect on Jimmy's birthday, and we're planning an event. So, I really do want to
thank you and the rest of your team for allowing us that opportunity. I understand
there's going to be some field maintenance going on, but we're going to shift the
schedule around just so that we can make room for this event. So, thank you so
much.
MR. MESSINA: Really easy for us. This is one that not many people, or I don't
know of anybody who's against this, so this is easy for us. Thank you.
MS. LEE LOY: Thanks. Chair, I yield.
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Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member
Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo nui Council
Member Lee Loy for inviting me to co-introduce this ballfield naming measure
with her because of Coach Correa's connection to St. Joseph School. Proud
graduate class of 2004. Oh, my goodness.
I really appreciated hearing from the different folks and `ohana that were so
touched by Coach during the Committee hearing and for folks continuing to come
out today. This man's legacy truly lives on. And this is a really, I think, small but
very important and meaningful gesture to honor his legacy and his contributions,
and really just recognize the important role that baseball plays in our community,
supporting youth in their sports endeavors. So,just really want to thank the
community for coming out to support, and very excited about this moving
forward so that we can get that great signage up and really honor this incredible
man on his birthday later this year. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, all those in favor of adopting Bill 103, Draft 2, at second and final
reading, please say "aye."
Vote on Bill 103: The motion to pass Bill 103, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
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: At this time, I thank you guys. Congratulations. We'll see
you at the birthday party. Bill 107,please.
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Hawaii County Council-29 January 10,2024
Bill 107: 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 Puna Makai Alternate Route Study —County Project
($500,000) and the Puna Makai Alternate Route Study —State Project($1,000,000)
to the Capital Budget. Funds for this project shall be provided from General
Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources
($500,000) and State Grants Receivable ($1,000,000), to identify an alternate route
to relieve traffic congestion and increase evacuation capacity, if needed.
Reference: Comm. 609
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: December 20, 2023
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
(Note: The following items relating to Bill 107 were circulated:
1) Comm. 609.13 from Council Member Matt Kaneali`i-Kleinfelder dated
January 10, 2024, transmitting information;
2) Comm. 609.14, from Council Member Susan L. K. Lee Loy dated January 10,
2024, transmitting a map; and
3) Comms. 609.15 and 609.16, from Council Member Susan L. K. Lee Loy
dated January 10, 2024, transmitting proposed amendments.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 107 on
second and final reading. Seconded by Ms. Kierkiewicz.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'll just start off by mahaloing all the
testifiers and for the wealth of information that's been provided over the past two
weeks, but really in the past two days, as far as background information on
existing studies, existing decisions, and a number of different things relating to
the Puna Makai Alternate Route Study. A little rocky start; I'm not going to lie.
The last Committee meeting we had for this, or Council meeting we had for this
was, I think, not to Mr. Greggor Ilagan's liking, given the Tribune-Herald story I
saw, but I would say necessary, as part of the decision-making, and good for us to
review and good for the departments to hear as we discuss alternate routes.
To everyone's point, we know we need alternate routes; it's just a matter of where
and how. The study's crucial to that in finding routes that make sense. I'm going
to yield there because there is a couple of communications that have come in and
I think incredibly important to the conversation. I would point the body to
Communication 609.13. It's not meant as an amendment to the bill. It's more
meant to guide discussion today. This was provided by a constituent and was a
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Hawaii County Council-29 January 10,2024
letter from the Department of Hawaiian Home Lands (DHHL). I'll just briefly
state, not summarizing but stating, sections of this: "DHHL is supportive of the
intent of an initiative to provide a safe alternative route between Puna and Hilo to
address risks from natural hazards and to relieve traffic congestion for Puna
residents. However, DHHL is strongly opposed to any consideration of a
proposed by-pass route that would run through the existing DHHL Pana`ewa
homestead community." That's pretty straightforward. That's pretty clear. This
was dated August 8, 2023. This was directed to "Aloha Elected Official" and
cc'd to most of our State government as well as County Council and Mitch Roth.
So, the reason I'm including this today is just so this is linked to this bill forever
on. It's existing. It's an official document, but it's now attached to the bill. So, if
there are people reviewing in the future, they can recognize this, and it helps
community in discussion as well. So, with that, I'm going to yield, but again, this
is for information only, not amending anything. But I would like to yield for
Council Member Lee Loy's amendment. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any
other discussion? Council Member Lee Loy? Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Is anyone from Public Works
available? I know I saw Director Pause here earlier.
CHR. KIMBALL: Director was here earlier. Paging Director Pause. He's on his
way in. Hopefully, he can hear us out there in the atrium.
(Note: At this time, Public Works Director Stephen Pause and Deputy
Director Malia Kekai came forward to address the members of the
Council.)
MS. KIERKIEWICZ: Director and Deputy, I manifested you; you showed up at
the perfect time. Good morning. Happy New Year. Great to see you both.
We're on Bill 107, related to $1 million from the State, $500,000 matching
coming from County fund balance to complete a Puna Makai Alternative Route
study. This is a study that identifies what the most appropriate route, additional
route, out of Puna would be, and I want it to be on record a third time that I
oppose any sort of connecting into the Pana`ewa/Keaukaha Homestead
community. I said it in Committee, I said it at first reading. I'll say it again, and
it's unfortunate that this important detail was not written into State legislation.
Happening conversations in the back room, but why it didn't make it onto paper is
beyond me.
I think that there are alternate ending routes, like Mac Nut Road, potentially for us
to consider. The letter that was provided by Chair Kali Watson also identifies
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Hawaii County Council-29 January 10,2024
alternate routes. Pana`ewa and Keaukaha never, ever said, "Puna, we don't want
you to have an extra road." You want this for our community. We think about
quality of life,public safety, emergency evacuation. We all want that.
So I wanted to bring you folks forward for a couple of reasons. One point five
million dollars sounds like a lot of money. Wondering if you've had a chance to
crunch some numbers and really talk to us about how much an actual study like
this is going to cost the County. That's question one.
MR. PAUSE: Hello, everyone. Happy New Year. Steve Pause, Director of
Public Works. Difficult to put an exact number around there. When I worked
with our Engineering folks and I took a look at the work scope and what we at
least presently envisioned, and I've spoken in the past, there's going to be a lot of
community involvement, a lot of public engagement, a lot of stakeholder
engagement here. So, I would put a number in the $1 million to $1.5 million
range as probably being a good number for this study, but again, it's difficult.
There's a process to initiate the study, right? The funding gets in place; we then
go out and we select a professional services consultant. There's a procurement
path for doing that and then we work with them on the scope of work, the cost,
the contract, etcetera. And that's really the time where we try to get a better
handle on the exact nature of the work scope, what will be involved, and then
obviously, we resolve or we get to a place where we come up with better costs.
So, to answer that question, and maybe just to continue, so after that is done, then
the fun part begins. You've got somebody on board. We've got County
resources involved managing and working with the consultant. Then I would
venture to say the very first step, once everybody's on board and everything's
contracted, it's to really begin that public engagement piece to discuss the project
with the public, to get their input on options to really reach into the community
and find out what folks want, what they don't want, and then we begin the process
of actually doing the study, collecting data, doing the surveying, doing the
engineering, identifying constraints.
Obviously, I've heard today and at other readings that there are some constraints
around location. And obviously, that's very much considered, very much
involved, you know, with what options are looked at, what options are developed,
environmental constraints. So, the actual study plays itself out after we get public
engagement and involvement. And then once we've developed that initial look at
what the data is, we again engage the community and say, "Here, this is what
we're seeing. This is what we're finding with our studies." Maybe we're not
exactly accurate. We get better information from community and community
leaders, and then we go forward with working on completing a report and going
through another process of asking for comments after that report is done.
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Hawaii County Council-29 January 10,2024
So, ultimately, this is really an options analysis with, I would call it preliminary
engineering report. It would lead us to a place where we've reached what the
team, including the community, believes to be the best and most viable project, if
you will, going forward.
MS. KIERKIEWICZ: Okay, and that's going to take about 18 months? That's
what I recall you saying in previous conversations.
MR. PAUSE: Being conservative, 18 to 24 months. But yeah, about a year and a
half to two years.
MS. KIERKIEWICZ: After procurement?
MR. PAUSE: No, from the day that—in my mind, the clock starts when the
money is available.
MS. KIERKIEWICZ: Okay.
MR. PAUSE: So, a couple of months to get a consultant and contractor on board
and then begin the process. But from the day that the money is available to
completing this project is, like I said, 18 to 24 months.
MS. KIERKIEWICZ: So, two years to complete this study?
MR. PAUSE: Up to two years.
MS. KIERKIEWICZ: Okay, up to two years.
MR. PAUSE: And you had asked originally about the money, and again, I
envision a million to a million half being about the right amount of money for
something like this.
MS. KIERKIEWICZ: Okay, so this is on par with your estimates based on other
work you've done?
MR. PAUSE: Correct.
MS. KIERKIEWICZ: Okay. You know, it was brought up before, expanding the
scope to include routes in upper Puna. I'm certainly not opposed to that. I do
recognize that Representative Ilagan worked really, really hard to secure this
money because it was the number one issue that came up in his 12 days of
Christmas Townhalls year after year. So, he fought super, super hard to get this
for, you know, the lower Puna community.
I want to throw out thereI mentioned it to you, Director; I've also mentioned it
to our new Finance Director—we're using fund balance for the County's share.
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Hawaii County Council-29 January 10,2024
Let's consider maybe a future ordinance adding a bit more money to this and
expanding the scope, an addendum to the study, so that we can look at alternate
routes in totality for the Puna region. I mean it just makes sense if we are
spending all of this time looking for an alternate route, let's look at all potential
options for Puna. Any sort of alternate route will indeed benefit all constituents
of the region, doesn't matter if you're on the mauka or the makai side of
Highway 130. All residents are going to benefit from this.
So, I'm throwing it out there. I don't know if you want to comment. It adds a bit
more to the scope. I also have to check with Judge Strance if this is legal, but
she's not challenging me right now. She's just smiling; see glitter in her eyes.
It's very possible this may happen. But I want to throw it out there that we've got
fund balance where we could potentially expand the scope of this study.
MS. KEKAL Yeah, Malia Kekai, Deputy Director, Public Works. I think, right
now, the only limitation is to the State money, right? It's basically in Act 248. It
does say, "below Highway 130,"right? So, like you said, basically, in order to
expand the scope above Highway 130, we would then need to be using probably
County funds, as you said. So, I think initial criteria were just basically, yeah, I
would like to have a financial analysis of how much money that is before we
commit to it. Then also, I wouldn't want it to kind of slow down this study. It
might be two separate projects. You know what I mean? Running kind of in
tandem but at least, you know, the 130 portion I actually imagine is a much
smaller area than the upper. So, those are just my initial thoughts on if we were to
increase it maybe it would be better as separate projects.
MS. KIERKIEWICZ: The bill mentions looking at routes makai of 130, so that
cancels out communities in lower Puna that are in District 5, such as Orchidland.
So, I think there might be a little bit of wiggle room here. I want to talk offline
about how we might be able to expand the scope because, in my mind, measure
twice, cut once, right? I think that there's a way that we can tack on just a little
bit more and use this project as a vehicle to do that.
MS. KEKAL Okay.
MS. KIERKIEWICZ: Just wanted to hear from you folks, and I do know that
Council Member Lee Loy has an amendment to address the very real concerns
that have been raised by community. I will yield at this time. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I'll go to Council
Member Lee Loy now.
MS. LEE LOY: Thank you, Chair. Director and Deputy Director, you know,
building off of Ms. Kierkiewicz' position and thoughts, in addition to this other
alignment, because in my head, no community across the entire country has ever
solved their traffic problems with building another road. It's a stated fact.
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Hawaii County Council-29 January 10,2024
So, when I look at this money, I see it as an opportunity, like Ms. Kierkiewicz
mentioned, is to explore other alternatives. But what I don't see on the table is
other alternatives such as cumulative studies about the need for commercial
development within Puna that would not require those constituencies to drive into
Hilo where they're getting their commercial services, their health care services.
So, I was just wondering, in addition to a future amendment, could we look at not
only an alternative route but just alternatives as a whole, and what those
cumulative impacts look like? Because, I heard it all winter break long: "So easy
come town when no more school." So, are there options and a scope of services
that we can meet with, not only residents but other agencies, that have it within
their power and within their ability to make adjustments in which a $30 million
road is not needed? I see you nodding, Ms. Kekai. Thoughts?
MS. KEKAL Yeah, I mean I think that's all encompassing. I think that kind of
goes over into the planning realm because I know that there are thoughts of a
Kea`au Civic Center and doing all of that to kind of shift traffic that way too. But
I don't disagree with you in the sense that it is there shouldn't just be one
solution to a problem, right? We should be looking at kind of all the different
avenues. So, yeah, shifting services and that sort of thing I think is very
important. I think that's a little outside of our realm and we would probably want
to bring in Planning and other agencies to help us kind of if those things are going
to be contemplated in this kind of study. But I don't think that it's, you know, I
think it's well worth the effort to kind of do an all-encompassing look.
MS. LEE LOY: Yeah, and to Ms. Kierkiewicz' point, measure twice, cut once. I
would hate to think that we ran out of money when we could have explored
something really kind of encouraging another agency to augment their schedules,
whether if it's maybe even State and County employees, right?
The other thing, too, in addition to some of the work that's being proposed here, I
also was wondering with future amendment and/or other funds from fund balance,
I recognize that Stainback is being improved as we speak. So, there's that
alternative route for our Puna Mauka residents, especially going home, right? But
I'm also curious as to how much traffic impact that's going to create up at the
Mountain View light when everybody cuts across Kulani to get back onto the
highway. So, absolutely appreciate what Representative and Vice Speaker Ilagan
has done as far as putting this seed money. I think it's incumbent upon us that if
we really want to get our arms around some of this, not only do we have to put
money, but also even put additional monies so that we can explore all the options.
Just asking out loud, is it possible for us to, in addition to this bill and future
ordinance, maybe dovetail a resolution kind of outlining all the various
stakeholders that we can meet with as we begin to explore a study, again a study,
and kind of putting them on notice? I've heard a number of testifiers today
mention they want to be part of that stakeholder conversation. And if they're
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Hawaii County Council-29 January 10,2024
already lending their time, I think we should grab them right now and make them
accountable to whatever future action that these monies provide. Is that
something that the department could consider?
MR. PAUSE: Yes, that's a fair request. I've read a great deal of testimony and
it's very clear the direction that a number of folks within the community would
like to see this study go. So, that will definitely not be forgotten, and it will be
incorporated into any and all plans for community engagement. So, thank you for
that.
MS. KEKAL And I would just add that we welcome you and other community
members to start giving us names. I thinkI was just looking at the community
development plan actually right before this, and I think that's also another guiding
document that we'll have to be tapping into. So, you know, people who were part
of that committee would also be really great assets, I think. So, any suggestions,
we're open to.
MS. LEE LOY: Thank you, Director and Deputy Director. First of all, I want to
point my colleagues to Communication 609.14. This was the map that
Terri Napeahi mentioned during her testimony. I wanted to make that part of the
record. I appreciate Mr. Kaneali`i-KI einfelder's note on—letter from
Kali Watson. That was dated August, but we have a more current one that's dated
January 8h, again expressing their opposition to a road coming through it. I'm
going to walk on this very sharp sword right now,because it's a study, not a road.
Motion to Amend: Ms. Lee Loy moved to amend Bill 107 with the contents
of Comm. 609.15. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Lee Loy, on the amendment.
MS. LEE LOY: On the amendment. For my colleagues, I am exercising some
big brain and strategic maneuvering here. We are at second and final reading on
funding. And the language contained within this amendment, I spoke to our
Managing Director, Deanna Sako, and then also with Corporation Counsel, and I
view this as kind of a placeholder or a stop gap that provides our community,
specifically our Pana`ewa and Keaukaha community, that the funds would not be
expended and exclude DHHL lands.
It is my hope that we're going to be advancing a future bill, right, to really stretch
the parameters of this money and the study and develop a resolution in connection
with Public Works and members of the community who have already volunteered
and really capture what they want to see, because we've heard loud and clear
from the Pana`ewa side. I'm really curious to hear what HPP (Hawaiian Paradise
Park) has to say about this, and not so much the relief, but where that connection
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Hawaii County Council-29 January 10,2024
is. Because, if it's on road 30, 34, for someone on road 34, they might be, "Why
is it on my road?" So, I really want to hear from that other end of that proposed
alternative.
Open to my colleagues' input, suggestions. Again, this is kind of a two stepper.
We're going to hold things and make sure that some of this is sequestered, for
lack of a better description, until we get to a more broad and encompassing
resolution with input from all of our stakeholders. Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. On the amendment,
any discussion?
MS. EVANS: Chair?
CHR. KIMBALL: Council Member Evans.
MS. EVANS: Thank you. Thank you for bringing this forward for discussion.
I'm reading the language and, sorry, I'm having a little confusion. So, the first
part of it says, "Allotments for this project shall be made to any lands on the
island of Hawaii owned by the State,"not sure how that applies. Okay. When
you say, "to any lands on the island of Hawaii, excluding lands under the
jurisdiction of the Department of Hawaiian Home Lands," so, this is not
specific this allotment is not specific to the Puna area. It's specific to any lands
owned by the State? Is that how I'm reading this?
MS. LEE LOY: Thank you for that question. Chair, if I may respond?
CHR. KIMBALL: You may.
MS. LEE LOY: This actually was language that was contained in House
Bill 1403, and it was intended to be for any lands. But it landed in an account
earmarked Puna Makai Access Route. So, this again, sequesters the money
because who knows what's going to come forward; didn't want it to get poached
out to be used in Kona. So, we have a bunch of other issues there. And again,
this one's hard for me because there was a bill; it ended up in a CIP (Capital
Improvements Program) account. Now, it's in a line item, and we're just trying to
get this money that Rep. (Representative) Ilagan worked really, really hard for.
But I'm also trying to honor my community that wants to make sure that this
money is not spent without their input and consideration.
MS. EVANS: No, I mean I like the direction it's going. I'm just a little confused
about the language because if the bill was introduced normally what happens is
you introduce a bill that has appropriations and it doesn't have to pass. It doesn't
have to, you know, become an act or whatever, go the whole way. But if it gets
incorporated into the budget, then it becomes the line item. The line item dictates
how the money is going to be spent, not the House Bill, if it didn't pass. So, the
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Hawaii County Council-29 January 10,2024
language is really clear that it's for the Puna alternative, so I'm just wondering if
this language is going to cause some confusion. But I just wanted to throw that
out there. Is Judge Strance there?
CHR. KIMBALL: Yes, Judge Strance is here.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Morning. Elizabeth Strance, Corporation Counsel.
MS. EVANS: I was a little confused if maybe the language is confusing things
because the budget clearly the State budget designates it for the alternative
study for the Puna area, and this proposed language is putting back in "allotments
for this project shall be made to any lands on the island of Hawaii owned by the
State." I'm wondering if by putting that there, we're kind of confusing things.
MS. STRANCE: Thank you, Council Member. Just to be clear, House Bill 1403
did not pass, and so I think ifI don't want to put words into Council Member
Lee Loy's mouth, but I think the idea was to throw back into this bill the intention
of that House Bill.
I would agree with you, Council Member Evans, that the language confuses
things because the line item in the budget contains different language, and it is the
language that Ms. Kekai quoted to you folks. My concern would be that the State
has said, "We will grant the County $1 million for a very specific project." And it
would concern me if the Council changed the County side of the project and said,
"Thank you for the million dollars. We'll chip in $1.5 million, but it's going to be
a different project than you told us to do." So, you know, I would be very reticent
about changing this budget bill to rescope the directive of the State and would
suggest that there would be other either legislative ways or other processes by
which this body can express a preference or a directive to where an alternative
route would be placed. But I don't think it's a good idea to mess with a directive
of the Legislature by describing a project different than what was directed.
MS. EVANS: So, the budget bill says to do an alternative study for the lower or
the makai side of the road, basically, in the Puna area. But could we not—and I
see the other part of this proposed language I really like. Is there not something
that we can like give direction and say in Section 2 the County, you know, by
giving guidance that the lands under jurisdiction of Department of Hawaiian
Home Lands will not be considered in this study? Could we not do that in this
particular ordinance or bill that that's being proposed?
MS. STRANCE: I don't think a budget bill is the appropriate place to include
policy language. This is simply a budget bill to receive and appropriate money
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Hawaii County Council-29 January 10,2024
for a specific project. If this body would like to provide more direction on how to
weigh the community preferences that have been expressed today, those should be
done in separate legislation, whether by resolution or bill.
MS. EVANS: Okay. Thank you. To the author of this, I think the amendment is
too confusing, so, for me, I would not support it. However, I do support you
putting forth something that would give guidance to not look at the Department of
Hawaiian Home Lands, and I think it's appropriate to do that now before a study
is even done. But you might even want to consider the creation of a traffic safety
or traffic committee for the Puna area like we have up in the Kohala area. It's
called atraffic committee that meets monthly with the Public Works department
and with the State Department of Transportation, and maybe create something
that gets people engaged in discussion about maybe this road or alternatives or
mass transit or other things that will really address the traffic problem down there.
So, more of a formal group creation, like we have up in Kohala.
But I do agree that we should do something now to say not to look at the
Department of Hawaiian Home Lands. So, the way this is written, I don't think
it's written correctly. So, thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Probably go home the other way. I like this
amendment because it speaks to what the testifiers were asking, which is don't
bring this to DHHL. It speaks to the letter from DHHL, and it provides the
guardrails as we move down the line. I understand the comments from DPW
(Department of Public Works) and Judge Strance, but I like the amendment. So,
I'm a little torn on that. That's on the amendment, thank you.
CHR. KIMBALL: Thank you. Council Member Kagiwada.
MS. KAGIWADA: Thank you. I totally support the intent of the amendment;
not sure if this is the right way to go about it. But when I was thinking about a
testifier who said we need to look at all options, all viable options and then make
a good decision, it seems to me the community is saying going through Pana`ewa
is not a viable option. And I don't think we should waste our time and our
money, if it's really not a viable option, studying that route. So, I do support the
intent of the amendment and just want to hear a little bit more about if this is the
right way to get this included for this study. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? I'll
just—Council Member Inaba.
MR. INABA: Thank you. I do thank you, Council Member Lee Loy, for
bringing this in a creative way to put in the concerns of the community. I have
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Hawaii County Council-29 January 10,2024
concerns about the language that I just shared with staff,just that I can't read the
sentence correctly so that it makes sense. So, I can't support it as it is. I've
shared what the potential amendments are, and I don't know if we can maybe just
table this and take up with the clean language. It was just that in the current
amendment, it says allotments for this project shall be made to any lands on the
island owned by the State, excluding lands under the jurisdiction of the DHHL, or
County of Hawaii may be considered. So, I know we pulled it exactly from the
act, but the act didn't have the beginning part for the allotment. So, I've shared
that and they're working on it now and then we can hopefully lock this in to put
the safeguard. So, thank you.
CHR. KIMBALL: So, I suggest, Council Member Lee Loy, if you're
comfortable, maybe pull this amendment and we can table this until that other one
comes down, or
MS. LEE LOY: Absolutely. Thank you, Chair. Again, we're exercising muscles
that I have never exercised before. So, I really want to thank my colleagues,
especially Mr. Inaba. This is getting very strategic, right? We want to make sure
that we give the community the assurances that they need. We want to make sure
that we're grateful. We're grateful for the State and the funds, but we want to be
a little bit more inclusive on how the monies, how this study folds out.
Withdraw Motion Ms. Lee Loy withdrew her motion to amend Bill 107
to Amend: with the contents of Comm. 609.15.
CHR. KIMBALL: Great. So we're back to the main motion, and can I have a
motion to table?
Vote on Motion to Ms. Lee Loy moved to table Bill 107. Seconded by
Table: Mr. Inaba and carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. KIMBALL: Alright, with that, I want to quickly pop up to Bill 112, the
Homeland Security program.
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Hawaii County Council-29 January 10,2024
Bill 112: 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 Federal Grants —State Homeland Security Program Fiscal
Year 2023 account($80,000); and appropriates the same to the State Homeland
Security Program Fiscal Year 2023 account for a total appropriation of$780,000.
Funds would be used by the Civil Defense Agency to enhance community
preparedness and resilience, support law enforcement evidence storage and
warehousing, and add vehicles for law enforcement personnel and Civil Defense
emergency response.
Reference: Comm. 642
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-123
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 112 on first
reading and adopt Finance Committee Report No. 123.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder, anything by way of
introduction? We do have Civil Defense here to share with us the
MR. KANEALI`I-KLEINFELDER: Director, if you would.
(Note: At this time, Civil Defense Administrator Talmadge Magno came
forward to address the members of the Council.)
MR. MAGNO: Good afternoon, Council. Talmadge Magno, Hawaii County
Civil Defense Administrator. Happy New Year. This is our annual allotment
from Homeland Security for the County to kind of divvy up between our
operations and the Police Department to, one, support Homeland Security efforts
in the County of Hawaii. So, we have several projects incorporated with the
Police Department as far as purchasing of equipment and supporting different
programs. So, this helps kind of alleviate the County from putting out this kind of
money. And I think we're meeting the requirements as far as at least 30 percent
of it going towards the law enforcement operations in the County. So, I
appreciate us accepting this money.
MR. KANEALI`I-KLEINFELDER: Thank you. Thank you very much. I yield,
Chair.
CHR. KIMBALL: Thank you. Thank you, Administrator Talmadge. Any other
questions about these funds?
MS. EVANS: Chair?
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Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Go ahead, Council Member Evans.
MS. EVANS: Thank you. Hi, Director Magno. My question is, in the past,
we've got a lot more money annually into this program. Is Homeland Security
getting less support at the federal level? Do weI don't know why it's less than
what we've had in the past. Is there any sense of where we're going with this?
MR. MAGNO: During my tenure, it's been at about the 700,000 level. We got
$80,000 more, which we had it at the—I guess we came to Council a couple of
weeks ago, but as far as, you know,prior to me coming to the County, it might
have been more. Part of it is what you're thinking where, you know, there are a
lot of folks at the table trying to get federal money, especially Homeland Security
money.
MS. EVANS: So, are you getting it on a formula, or do you have to submit your
own kind of grant request to the State so that you kind of—are you competing
with the other three or is it divvied up by a formula once it comes in from the
federal government?
MR. MAGNO: So, it comes through the Homeland Security office in Honolulu,
managed by the State, and they divvy it up amongst the counties. From time to
time, they might have money that doesn't get spent and they'll, you know, offer it
to the counties that have projects. But my understanding is that it's equally
divided amongst the three smaller counties.
MS. EVANS: Okay. Alright. I'll talk to you offline. I'd be curious what
projects that particular program is wanting to fund. Thank you, I yield.
CHR. KIMBALL: Thank you very much. Any other questions for the
Administrator? Seeing none, all those in favor of adopting Bill 112 at first
reading, please say "aye."
Vote on Bill 112: The motion to pass Bill 112 on first reading and adopt
(Approved) Finance Committee Report No. 123 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: If we could now go to Bill 82,please. Thank you,
Administrator.
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Hawaii County Council-29 January 10,2024
Bill 82: AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDS A NEW
(Draft 4) 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. 496.53
Intr. by: Mr. Kaneali`i-Kleinfelder
First Reading: December 20, 2023
and
Comm. 496.54: From Council Member Matt Kaneali`i-Kleinfelder, dated December 22, 2023,
transmitting proposed amendments to Bill 82, Draft 4.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 82, Draft 4, on
second and final reading. Seconded by Ms. Kierkiewicz.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. It's been a
journey. Thank you. I appreciate everyone's discussion, comments, help,
support, the departments. It's been a long road, no pun intended. Sorry, I was
thinking about the testimony this morning. I can't say it better than the testifiers
did, and I cannot say enough for those who came in at every hearing of this bill.
And there must have beenI think we're about six, seven, eight hearings now for
this bill, and that encompassed about four months of our time and staff time and
resources. So, I cannot say enough for the testifiers in coming and speaking in
support of the bill from across the, I wouldn't say district, I'd say across the
districts. That means a lot to me. So, with that said, I look for everyone's
support. I'm here to answer any questions that there may be and just mahalo for
everything to this point.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: On the amendment, sorry, Chair.
CHR. KIMBALL: Sure, go ahead. You want to take—Council Member
Kierkiewicz has some comments. You want to wait till the amendment? Okay,
go ahead with the amendment.
MR. KANEALI`I-KLEINFELDER: Sorry, Mr. Clerk, did we nail down all
specifics for the amendment?
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Hawaii County Council-29 January 10,2024
MR. HENRICKS: I hope so.
MR. KANEALI`I-KLEINFELDER: Thank you very much.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 82, Draft 4,
with the contents of Comm. 496.54. Seconded by
Mr. Inaba.
CHR. KIMBALL: On the amendment, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This amendment is pretty straightforward,
and I do appreciate Mr. Henricks working with us,working with me, on this to get
this done, and I apologize for the last meeting. No discussion. Thank you, I
yield.
CHR. KIMBALL: Alright, so we're on discussion of the—it is in your packets,
folks, if you're looking for the amendment. I would actually like to take this
opportunity,pursuant to the discussion we had yesterday about our Council Rules,
to ask the Clerk, would this be considered a substantive amendment that would
require a waiver, or would this be considered editorial?
MR. HENRICKS: So, the Council Rules don't speak about substantive
amendments. It just carves out an exception for amendments that correct
typographical errors, and this does more than that.
CHR. KIMBALL: Right. So, it would require a suspension of the rule?
MR. HENRICKS: Correct.
CHR. KIMBALL: Thank you. Alright, further discussion on the amendment.
Council Member Lee Loy.
MS. LEE LOY: Thank you. This amendment mentions the ordinance taking
effect one year after approval, wasn't sure, and we still haven't figured out how
much some of this stuff is going to cost. So, I was just curious—Judge Strance
isn't here, and I saw Director Pause walk back in, so I'm going to tackle him. If
you don't mind coming forward, Mr. Pause.
(Note: At this time, Public Works Director Stephen Pause and Deputy
Director Malia Kekai came forward to address the members of the
Council.)
MR. PAUSE: My apologies. Deputy Director needs more steps, so we just keep
walking back and forth.
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Hawaii County Council-29 January 10,2024
MS. LEE LOY: Director, Bill 82 has been couched as a process and we've heard
information from Deanna Sako, who was our Finance Director at that time, about
the use of funds and how this all works. I just want to be very mindful of what
kind of financial commitment we're making and where those funds will come
from. And with this bill, it says take effect within a year upon approval, and I was
just wondering, will we get a financial impact statement, or is that something that
will get developed within a year? So, is this a work in progress? Help me.
MR. PAUSE: Steve Pause, Director of Public Works. So, those are all very, very
good questions. We've had a number of conversations along the way. Obviously,
source of funding and what capacity we have to actually execute a lot of the work.
Those are questions that we haven't answered yet. I think at one point, I testified
when asked what this would mean if we were to bring on additional staff to
handle the work. It was significant. It was a number of people per, in our
Highways Division, per base yard. But I think the economics there's actually
two ways to do this. You could start by looking at what the needs are, which
there are many and they're extensive. You can also start with"What would be
my funding mechanism and what amount of money might I allot for the work,"
and then work backwards and say, "If I had $1 million, this is the number of
projects or the amount of work that we could do."
But, to answer your question, we haven't done that sort of analysis. I think it's
worthwhile to do, and I think we contemplated and allowing for the timeframe for
this to kind of come into effect. I think we allowed for doing that, to look at the
sources specifically and what sorts of monies would be available and what we
would be able to accomplish.
MS. KEKAL Sorry, can I just add to that? Malia Kekai, Deputy Director of
Public Works. I think we've definitely identified funds that can't be used, right,
highway funds, fuel tax, those can't be. So, I think the only thing left is General
Fund, right? But I think there is a huge, basically a study; probably we would
need a study. Sorry, but I mean at the end of the day, that's right, because it's not
just cost per project, right? You can look at that and materials and whatever.
That's kind of the simple part. But what is the cost to the County in labor when
we pull our Highway guys away from what they do now? And then what's the
cost in what we're not doing? So, how many more positions would we need to do
what we already do now, which were just, you know, after not spraying and all
that stuff, it adds a lot more labor, right? So, I think that's the big picture, that we
don't know how much it will cost us, not only in money, but in labor. And then if
you're using Highway guys, you have to pay back the Highway funds with
General Fund. So, there's a lot of moving parts, and I think it's going to be quite
costly. So yeah, do we have that kind of, I guess, cushion in our General Fund to
be able to fund that kind of work is the question.
MS. LEE LOY: Great, thanks. You know, I'm going to support the amendment.
I'm not going to support a motion to suspend our rules. And without that kind of
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Hawaii County Council-29 January 10,2024
guidance, I really cannot kind of strap our constituency with any cost, unknown
cost. And to Ms. Kekai's point, it's really interesting that she mentions another
study, but I have had, clicking in the back of my head, is the high ruck study
where we're going to change how we collect fuel tax by miles, right, that the cars
drive because we have so many energy-efficient cars that aren't filling up at the
gas pump anymore. So, how are we going to still maintain that collection of fuel
tax to pave our roads when we see an introduction of so many cars that don't take
fuel, and how do we balance that back up?
That's just me taking that hundred thousand elevation look that this is just the
road on the ground, but there's a bunch of funding resources that, in my humble
opinion, will become unstable because of the introduction of so many fuel-
efficient cars and the work that we've done on the dais to make sure that there are
these charging stations in new, commercial areas and upgrading. And so we're
providing for that. But we've still got to pave the road that these wonderful cars
drive on. Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else on the
amendment? All those in favor please say "aye."
Vote on Motion to The motion to amend Bill 82, Draft 4, with the contents of
Amend: Comm. 496.54 was carried by the following voice vote:
(Approved)
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: Our rules would require a suspension of the rules to proceed
with discussion on this matter.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Rule 23
Suspend Council to waive the holdover for the substantive amendment of
Rules: Bill 82, Draft 4. Seconded by Mr. Inaba and carried by the
(Approved) following roll call vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: Council Member Lee Loy — 1.
Absent: None.
Excused: None.
Page 31
Hawaii County Council-29 January 10,2024
CHR. KIMBALL: So, back to the main motion as amended. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: To the Chair, I do like your point regarding
yesterday's discussion of a certain measure. Well done. For the department, I
think something that we struggled with in the beginning was coming up to a cost
and a time for a fiscal impact statement, if I believe, going back to my
recollection of our actual rules and our County Code, would have been at the
beginning of the hearings for this bill.
Second part to that fiscal impact statement is we have no idea how many people
are going to utilize the program. We have one year to figure out how it's going to
sit, how we're going to roll it out. There's also the funding piece. And as this
really is at the department's discretion on what is going to be fulfilled through this
program, that it really is up to the amount of funding you have available to fulfill
your discretion. That's how I viewed this from the beginning.
So, that's for the body to consider as we look at this bill, and again, we've been
deliberating this for, I want to say four months. We've been at these tables and in
meetings and with Corporation Counsel, and I really do commend you for
sticking to this point with me on this bill. And because the community has been
asking for this for almost, I'd say, 20 to 30 years, and it really is one of the major
issues that I have found that I need to address for my community. So, thank you
for your work to date.
So, that's to the funding piece. I did reach out again to Mr. Albano at the
facilities maintenance. He's the Director of Facilities Maintenance at the City and
County, and actually, surprisingly, he said, "We use the highway fund." I was
surprised by the answer because I know the rules for State tax, fuel tax, and I
asked him and he said, "I'm going to double check." So, I'll leave it at that, but it
was an interesting answer. If they have found a way to utilize fuel tax for
highway fund or depending on how they're set up at the City and County of
Honolulu, it'd be interesting to see how they are using funding, what funding
source, because that could open doors for us or it could just leave it at the same
spot we are, which is General Fund.
Going back to two or three weeks ago, I believe we have a fund balance of
$123 million, and I hear today that we're going to be using $500,000 to study
roadways in Puna for alternate routes. The General Fund would be the source of
funding, and we do have a tremendous fund balance right now. So, that's just to
help add to the discussion.
In general, I hope for your support today on this bill; I really do. This has
tremendous opportunity for our community, and again, mahalo for everything
you've done to get us to this point. To our DPW staff, thank you. I yield, Chair.
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Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Thank you, Council Member. Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I'm going to be continuing to support
this bill. I was on the phone with my partner this morning. He works at Station 5,
Kea`au; so services the upper Puna district as a firefighter. He got one hour of
sleep. There were calls at 11, 1 a.m., and 4. One was like a burning telephone
pole. The other was because one of our fire apparatuses got stuck in the mud
because of the state of private roads. So, what this bill does is it just provides a
beacon of hope to our community that, now, the County is going to start looking
at instituting a process where folks in the community nobody asked for these
subdivisions to be private when they were created way back in the day. Nobody
asked for no infrastructure. We want infrastructure. Now, this just provides a
pathway for the County to identify how we actually make that a reality. So, I can
absolutely get behind that.
I do hope that Public Works will lean into speaking with the other counties
because my understanding is each of the counties have their own version of this
ordinance. I'm curious, how often is it used, what challenges they've
encountered, what funding mechanisms they've used, and, you know, how often
is their ordinance being utilized by members of the community? I think that
there's a lot that we can learn from our counterparts, especially if they have some
of their programs in place. So, thank you to Public Works for doing the heavy lift
on this.
I think we would love to have some kind of report in the next six months at the
start of the next fiscal year as to what it will take to stand up this program. And I
think you'll be in a better position to speak to what sort of resources, personnel,
funding formulas are required to actually carry this out. Thank you very much.
Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? I'll
just chime in a few things here. First of all, I want to assure you that I don't do
this every time, but the Clerk can tell you that the day that I saw this come
through, I went down to his office and I said, "What is he thinking?" I had
genuine concerns about this bill and what it would mean to introduce it. Clerk
assured me that there's a process that we go through, and that process works, and
we have conversations and we amend. And I'm pleased to say that through this
body working together, we've made what I think is a workable bill. So, my
earlier concerns have been assuaged. You're not as crazy as I thought you were.
MR. PAUSE: Matt, this could be your Andoh moment.
CHR. KIMBALL: No, no, no. Anyway, still a little crazy, but not as much. No,
anyway, I wanted to just chime in because this does pertain to an earlier
discussion about(Bill) 107, and share, at this point, with my colleagues from the
Puna area that I would personally be very supportive of a more holistic study that
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Hawaii County Council-29 January 10,2024
included beyond an escape route or an alternative route. Multimodal
transportation, commercial expansion, side roads, what do they call them? It's
not a main road—what do they call it? arterial, secondary roadways, you know,
things like that. Because, Council Member Lee Loy's point is absolutely right,
and I just would hate to see us repeat history that has been proven so many times
that when we build another road, it doesn't solve the traffic problem. It just gets
more people in their cars and on the road.
So, I'm going to support this bill, thanks to the work of this body getting it into
really good shape, I think. But I just wanted to signal that as we have that further
discussion about Bill 107 and then as we go into the budget discussions, I'm very
supportive of trying to wrap what we're funding with Bill 107 into a larger
package that would be a more comprehensive and holistic evaluation of what we
need to do with transportation, in general, for the Puna community. With that,
we'll go ahead and take the vote. I think we can go ahead and do this by voice
vote.
MR. KANEALI`I-KLEINFELDER: Chair, can I make one final comment?
CHR. KIMBALL: Sure.
MR. KANEALI`I-KLEINFELDER: I want to take what you just said and I want
to repeat it, that the community's been asking for this, but I want this to be a
Council decision. It's a bill that I wrote, and I've got to give Ms. Leslie Chow a
lot of kudos for helping me get here, too, because she was supportive and
extremely helpful in helping draft almost all this language and get this moving,
and here we are. But, without the Council support of it, the community doesn't
win. So, if this passes today, I'm excited but I have to say the community is more
excited, and they're proud of this body for helping us get to this level because we
have achieved a level of supporting them that hasn't happened in six years. So,
this is tremendous for our communities. Thank you.
CHR. KIMBALL: Thank you. Thank you for acknowledging Leslie.
Leslie Chow was a former member of our Legislative Research Branch. We all
really appreciated her work. She just recently retired. So, thank you for
mentioning her as well. With that, we will proceed with the vote. All those in
favor of adopting Bill 82, Draft 4, as amended with the contents of
Communication 496.54 at second and final reading, please say "aye."
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Hawaii County Council-29 January 10,2024
Vote on Bill 82: The motion to pass Bill 82, Draft 4, as amended to Draft 5,
Draft 5 on second and final reading was carried by the following
(Adopted) 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.
Bill 105: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280,
SCHEDULE 28, AND SECTION 24-281, SCHEDULE 29 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO
PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTION OF
STREETS AND PARKING PROHIBITED DURING CERTAIN HOURS ON
CERTAIN STREETS
Adds a provision to prohibit parking at anytime and provisions to prohibit parking
between the hours of 8:00 p.m. and 5:00 a.m. for portions of Alii Drive that front
Pahoehoe Beach Park.
Reference: Comm. 607
Intr. by: Ms. Lee Loy (B/R)
First Reading: December 20, 2023
Vote on Bill 105: Ms. Lee Loy moved to pass Bill 105 on second and final
(Adopted) reading. 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.
Page 35
Hawaii County Council-29 January 10,2024
Bill 106: 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 Federal Highway Administration Mamalahoa Highway
Rehabilitation Part 2—Kamalani Street to Kalamauka Road—Federal Project
($3,000,000) to the Capital Budget. Funds for this project shall be provided from
the Federal Grants Receivable Fund, and would be used for paving and resurfacing.
Reference: Comm. 608
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: December 20, 2023
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 106: Mr. Kaneali`i-Kleinfelder moved to pass Bill 106 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Bill 106 is adopted at second and final reading. I think we're
still waiting on the amendment for Bill 107, so you're welcome to sit back and
the kids think we're exciting. If we can quickly go to Resolution 384, since we
have Housing here.
Res. 384-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Allows for the receipt of$13,000,000 of federally-derived funds to be applied
towards the renovations to the Hilo Memorial Hospital, located at 34 Rainbow
Drive, South Hilo.
Reference: Comm. 641
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-121
; and
Comm. 641.1: From Finance Director Deanna Sako, dated December 29, 2023, transmitting
proposed amendments to Res. 384-23.
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Hawaii County Council-29 January 10,2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 384-23 and
Finance Committee Report No. 121. Seconded by
Ms. Kagiwada.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 384-23
with the contents of Comm. 641.1. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: On the amendment, Council Member.
MR. KANEALI`I-KLEINFELDER: On the amendment. This was in relation to
Mr. Inaba's request for the correct okinas instead of apostrophes in "Hawai`i."
Looks like they were done, and thank you to our new Managing Director for
having that done so quickly. Thank you.
CHR. KIMBALL: Thank you. Any further discussion on the amendment?
Council Member Inaba.
MR. INABA: Just before we have to suspend our rules, perhaps
CHR. KIMBALL: Or do we?
MR. INABA: That, you know
CHR. KIMBALL: Exactly.
MR. INABA: There's not a good time to talk about it, but I just wanted to kind of
circle back. We've had a few occasions today that allow us to think about this
rule. And oddly enough, you can't discuss the motion. There is no discussion on
the motion to waive our rules. So,just another thing to think about if we do that.
So, in support of this amendment. Thank you.
CHR. KIMBALL: Thank you, Council Member Inaba. Any further discussion
on this clerical amendment to the rules? Seeing none, all those in favor please say
Ic aye.
Vote on Motion to The motion to amend Res. 384-23 with the contents of
Amend: Comm. 641.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 37
Hawaii County Council-29 January 10,2024
MS. LEE LOY: Chair, motion to
CHR. KIMBALL: I don't think that that's required, Council Member Lee Loy.
This is a clerical revision. Thank you. However, our Charter would allow for
one-third vote of the body if they thought that this amendment was substantive
and changed the intent of the bill or the resolution. That's true, that only applies
to ordinances; you're correct. Anyway, I think we're beating up a slightly dead
horse, but point being made here. I mean I think that this would constitute a
clerical amendment and not require a suspension of rules. Alright, with that, we'll
discuss the resolution as amended. We have our Housing Administrator here to
answer any questions. I don't know if you had a statement to make. Okay, great.
Any questions or comments from the body? Council Member Kagiwada.
MS. KAGIWADA: Thank you. Thank you for being here, Administrator. I just
wanted to say that, you know, we had some good discussion about this I think
before, and it may not have been, maybe the best solution overall, but it's kind of
the solution we have now. I'm going to gently chide the Chair for issuing a
protest vote,just because I feel like we really need to be upfront. If you really
don't think this should pass, if you really don't think that you have weight and
you haveso, I think it's important that we vote what we really think should
happen, even if you don't like the solution. If you think it's kind of the solution
we have and it should pass at this point, I kind of feel like we're getting a little out
of kilter on that. So, I know that several people did protest votes after that. So,
I'm just hoping we can get back to voting our conscience, but the way we really
feel. If you don't feel it should pass, you should vote no. If you do feel it should
pass even if it's not your favorite, you should vote yes. So, sorry, that's just—
wanted
ustwanted to add that, and I'll be supporting.
CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you,
Ms. Kagiwada, for saying that, and thank you, Director, for being here today. I
know I saw you in and out, so, thank you for your time. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. You know, one of the questions I asked
Mr. Yada during Committee was how much funding was actually allocated to this
project. So, Administrator Kunz, I'm not sure if you had a chance to kind of do
that historical review and can let us know how much money has been invested in
this facility.
(Note: At this time, Housing Administrator Susan Kunz came forward to
address the members of the Council.)
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Hawaii County Council-29 January 10,2024
MS. KUNZ: Good afternoon. Susan Kunz, Housing Administrator for the Office
of Housing. Yes, I was not available for that last meeting, but I did get updated
on some of the questions. You know, so it kind of took me back to the beginnings
of this building, and I do see that the EO (Executive Order) for this building was
signed back in 1999. It's when the County took over and started leasing the
building. There were about five lessees over the years. I believe Civil Defense
was one of them, Prosecuting Attorney's office was in there. I believe HIAC, the
Hawaii Island Adult Daycare Program, was there for 30-somewhat years. The
UH (University of Hawaii)Pharmacy School was also there.
I believe HIAC was the last tenant that was there, and I understand that Property
Management was really overseeing the leasing of this building. So, I've had
several conversations with Hamana(Ventura) and their work with Public Works.
He was not able to give me but seem to indicate that the County really has not
made capital investments in this building that they could see readily. What I do
know is after HIAC moved, the last administration under Harry Kim decided to
utilize this building as COVID (coronavirus disease) was coming on to allow for
shelter space for, specifically, it was HOPE Services and their work to allow for
additional space for COVID. At the time, that first allocation of`ohana zones
money, it looks like about$950,000 was utilized by Public Works with Isemoto
Contracting to do some interior work so that they could get HOPE Services in
there. So today, still, there continues to be emergency men shelter downstairs and
some permanent housing units upstairs.
BISAC (Big Island Substance Abuse Council) was also on the lease at the same
time but was never able to move in. We currently have a contract in place with
Fung Associates for $1.25 million. They are in the process of doing an
environmental assessment and meeting NEPA (National Environmental Policy
Act) requirements because of the federal funding we are intending to use. Also,
to work on a conceptual master plan for not just the renovation of the building but
the almost 25 acres that it sits on.
I want to share, and I should have brought this with me, but on the Office of
Housing's website is a story map for 34 Rainbow Drive, and I can send links to
you for that. But it really shares where we've been to date, all of the consultants'
work, two public hearings that we've had, very detailed information about the
public input that we had received, and some of the maps that are starting to get
generated from the consultants. For example, I do know that of the 25 acres, it's
looking like about 10 acres is what's going to be usable for permanent, supportive
housing, which is some of our bigger picture plan for the parcel.
So, renovating the building so that we can offer services, a full line of services.
Whether HOPE Services and BISAC continues with us, you know, we have leases
in place with them. So, I have no reason to believe that that won't roll out in the
future, but I'm hoping to see others at the building. Just yesterday, I met with the
Department of Health at the site. We are negotiating with them for them to a
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Hawaii County Council-29 January 10,2024
formal, individual, independent, separate building on site for adult mental health
as well. So, I think the County has a vision for what they want to do with the
25 acres there. And yes, renovating the hospital is a big part of that.
I want to share you know, I understand the concern because, quite honestly,
when I first came onboard and realized that 34 Rainbow Drive was becoming my
responsibility, I thought, "How the heck did this become my responsibility?"
Because it's pretty scary when you look at this big, huge, historic building. But,
you know, every time I get to go there now, I'm super excited about what's
starting to roll out and what I can envision this building to be, that we're going to
be offering services for some of our most vulnerable populations and we're going
to renovate this building to its historical structure of what was there before. So, I
think that's kind of exciting.
We did have several consultants check. I'm told by everyone that has gone in
there and looked around, the building has good bones. For us to replace
something like this, a cement structure, three story, similar, would cost us maybe
in excess of$60 million, anywhere from $600 to almost$900 a square foot is
what I'm being told. So, I think that we've really tried to investigate and make
sure that we're making good decisions. This money and the conversation that we
had with Senator Schatz happened several years ago, and with the help of some of
our consultants, of course, we were able to apply for this money and get support
for it. So, I'm hoping that I can get your support today on this. You know, it is a
bigger vision for how we want to try and address homelessness here in
East Hawaii.
MS. KIERKIEWICZ: Thank you for the historical overview.
MS. KUNZ: I know you asked me about cost, and I went way over and above, so
I'm sorry.
MS. KIERKIEWICZ: No, I mean you did mention there being $950,000 for
`ohana zones, $1.2 million to Fung and Associates for master plan concept work.
Just wondering other state, federal resources. I mean I love that we are getting
other people to pay for our vision. That's really, really wonderful.
MS. KUNZ: So, the $1.2 million is the CIP Investment.
MS. KIERKIEWICZ: Okay.
MS. KUNZ: Thirteen million (dollars) is federal. And I know we're going to
have to pursue other funds, and so, I am looking at future CIP requests to do some
of that work. And I'm going to continue to look for federal funding to help
support the work as well.
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Hawaii County Council-29 January 10,2024
MS. KIERKIEWICZ: Okay, that's really helpful and I'm online looking at the
story map that was built in ArcGIS. It's really wonderful, a lot of great
information here. Thank you, I'll be supporting this funding request.
MS. KUNZ: Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Seeing none, appreciate my colleague's comments about protest votes. And
actually having said that in the meeting, that wasI regretted it after. I don't
think our votes should beI don't think we should ever say "kanalua"because
"kanalua" is nothing. I think we should vote, and it should be meaningful. I'm
going to vote no on this again. I do not think we should spend $13 million on the
hospital. Thirteen million on the site, to develop the site, sure, but you say a new
facility is going to cost 60. I think, and this is nothing against you, we spend 13
now, and I realize that we're getting this as grant money, but we, the County, are
going to be chasing this building for decades once we've tried to restore it
because it is an older building. I think even though it would be more of an initial
outlay to develop something new on that site that could provide the same services
as the hospital is intended to provide, might cost us more initially, but we are not
going to be chasing it for decades. So, I'm going to vote no on this again, not as a
protest vote, but because I genuinely believe this is not a good investment of
taxpayer dollars, whether it's coming from the federal government or from the
County. So, with that, Mr. Clerk, roll call vote, please.
Vote on Res. 384-23: The motion to adopt Res. 384-23, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 121 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Villegas —8.
Noes: Council Chair Kimball — 1.
Absent: None.
Excused: None.
CHR. KIMBALL: Thank you. If we could take the companion bill, which is
(Bill) 111, thank you.
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Hawaii County Council-29 January 10,2024
Bill 111: 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 Federal Grants —Community Project Funding-Hilo
Memorial Hospital Renovation account($13,000,000); and appropriates the same to
the Community Project Funding-Hilo Memorial Hospital Renovation account to be
applied towards the renovations to the Hilo Memorial Hospital, located at
34 Rainbow Drive, South Hilo.
Reference: Comm. 641
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-122
Vote on Bill 111: Mr. Kaneali`i-Kleinfelder moved to pass Bill 111 on first
(Approved) reading and adopt Finance Committee Report No. 122.
Seconded by Ms. Galimba and carried by the following roll
call vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Villegas —8.
Noes: Council Chair Kimball — 1.
Absent: None.
Excused: None.
CHR. KIMBALL: Thank you. Thank you, Administrator. With that, let's
we're still waiting on the (Bill) 107 amendment? Okay, let's just go back to the
top of the agenda, please.
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: An item in this category was taken up previously, out of order.)
Page 42
Hawaii County Council-29 January 10,2024
Res. 383-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
FOR AN INDEPENDENT AUDITOR(S)
Authorizes the Chair of the County Council to enter into a five-year agreement with
an independent auditor, to be determined by the Request for Proposal process, to
provide an annual audit of accounts and other financial transactions of the County.
Reference: Comm. 640
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-120
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 383-23 and
Finance Committee Report No. 120. Seconded by
Ms. Lee Loy.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to amend Res. 383-23
Amend: with the contents of Comm. 640.1. Seconded by
(Approved) 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: Ask for your guidance, is this considered a clerical versus a
MR. HENRICKS: I think that's your decision to be made first, followed by your
colleagues.
CHR. KIMBALL: Okay.
MR. HENRICKS: If you need a tie breaker, I'll give it to you, but you shouldn't
with nine people here.
CHR. KIMBALL: Fair enough. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I just wanted to commend Mr. Inaba. Once
again, it's not the first time, but he catches a number of very small but important
copy mistakes very, very frequently. I just appreciate that. Thank you.
CHR. KIMBALL: Thank you. I'm going to consider that this is not an
amendment that requires a suspension of the rules. So, any further discussion on
the resolution? All those in favor, please say "aye."
Page 43
Hawaii County Council-29 January 10,2024
Vote on Res. 383-23: The motion to adopt Res. 383-23, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 120 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. 385-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII OFFICE OF PLANNING AND SUSTAINABLE
DEVELOPMENT
Seeks to form the Hawaii Statewide Economic Development District to enhance
regional collaboration and access to federal funding.
Reference: Comm. 643
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-96
Motion to Approve: Ms. Evans moved to adopt Res. 385-23 and Governmental
Operations and External Affairs Committee Report No. 96.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Evans.
MS. EVANS: Yes, this seems to be important. You know, we went through the
effort of doing the—putting together our Economic Development Plan. The
County has their five-year plan, and it seems that, by request, I was asked to do
this to help us facilitate working with—having the correct, I guess, entities so we
can work with the federal government. I ask for your support.
CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion
on this item? Seeing none, all those in favor please say "aye."
Vote on Res. 385-23: The motion to adopt Res. 385-23 and Governmental
(Adopted) Operations and External Affairs Committee Report No. 96
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.
Page 44
Hawaii County Council-29 January 10,2024
Res. 392-24: 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 HAWAII ISLAND
VETERANS MEMORIAL INC. FOR EXPENSES RELATED TO THE WALL
THAT HEALS EXHIBIT
Transfers $2,000 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. 650
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 392-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Ask for my colleagues' support,just joining everybody else in
this wonderful project. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 392-24: The motion to adopt Res. 392-24 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. 394-24: 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 HAWAII ISLAND
VETERANS MEMORIAL INC. TO DISPLAY THE WALL THAT HEALS
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 652
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 394-24. Seconded by
Ms. Lee Loy.
Page 45
Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Just ask for my colleagues' support.
CHR. KIMBALL: Thank you. Any further comments? Seeing none, all those in
favor please say "aye."
Vote on Res. 394-24: The motion to adopt Res. 394-24 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. 395-24: AUTHORIZES THE FRIENDS OF FIRST RESPONDERS TO USE
CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 5,
PREVIOUSLY AWARDED BY RESOLUTION NO. 232-23, FOR A FIRST
RESPONDERS TRAINING IN WEST HAWAII
Funds would be used to cover expenses for refreshments, brochures, facility rental,
and guest speakers.
Reference: Comm. 653
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 395-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is kind of a catch up, fix-up resolution.
We intended to fund the GRIN(Group Crisis Intervention) crisis intervention
training through Ms. Godoy's nonprofit, but then the event was cancelled. So, we
had to go through kind of a lengthy process to fix that and move the funding
within the same department to a different event that Ms. Godoy is doing through
the same nonprofit. So, a little convoluted but it works, and mahalo to all the
departments and to my staff for making this happen and continuing the funding to
the right people. So, look for everyone's support. Thank you.
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor please say "aye."
Page 46
Hawaii County Council-29 January 10,2024
Vote on Res. 395-24: The motion to adopt Res. 395-24 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. 396-24: 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 HAWAII ISLAND
VETERANS MEMORIAL INC. TO DISPLAY THE WALL THAT HEALS
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 654
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 396-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: Just honored and grateful to be able to contribute funds and
join my colleagues in supporting this presentation and event and hosting of this
wall_ Mahalo.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 396-24: The motion to adopt Res. 396-24 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.
Page 47
Hawaii County Council-29 January 10,2024
Res. 397-24: 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 DANIEL R. SAYRE
MEMORIAL FOUNDATION TO PURCHASE FIREFIGHTER CHAIRS AND A
TELEVISION FOR THE HAWAII FIRE DEPARTMENT'S KAILUA FIRE
STATION IN WEST HAWAII
Transfers $2,000 from the Clerk-Council Services –Contingency Relief account
(Council District 8); and credits to the Hawaii Fire Department, Fire Operations
Other Current Expenses account.
Reference: Comm. 655
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 397-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you. Want to disclose that my family—my sister and her
partner are both firefighters. Neither of them work at Station 7 where this
donation or this CRF (Contingency Relief Funds) funds are going towards. But as
we know, some of the conditions in our stations across the island are substandard,
to say the least, and if we can at least have chairs that folks can eat their dinner
and breakfast and do their work at the fire station, it would go a far way. So, I ask
for my colleagues' support, and thank you, Chief Okinaka, for being here today.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 397-24: The motion to adopt Res. 397-24 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.
Page 48
Hawaii County Council-29 January 10,2024
Res. 398-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER
FOR A REIMBURSEMENT OF EXPENSES FOR ITS SPAY AND NEUTER
CLINIC
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 656
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 398-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you so much. I just wanted to, because this issue has
come up a few times, I wanted to be the first to point out that it says
"reimbursement" and this event did happen January 2nd. But the Petfix people
came to me months and months ago when I agreed to this amount. It took a
while. We got, you know, we had the paperwork in on December 13d' and it just
took a while to get through and it also took a long time for them to find a location
and a veterinarian and line those up for there to be this event in my district. So,
just to let you know that's why it'sit happened on January 2nd, but we had
agreed to the funding far in advance.
I also just wanted to mention that we were told that there are several hundred dogs
and even more cats that are waiting on the wait-list for spay and neuter. So, I just
encourage folks, in whichever way we can, maybe it's when we get to the budget,
maybe it's through CRF, maybe it's both, but to continue looking at ways we can
help with this issue across our island. So, thank you, I'm looking for your
support.
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor please say "aye."
Vote on Res. 398-24: The motion to adopt Res. 398-24 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.
Page 49
Hawaii County Council-29 January 10,2024
Res. 403-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF "GRATIS
SHIPMENT" TO THE HAWAII FIRE DEPARTMENT
The donation from Young Brothers, with an estimated approximate value of
$16,486, would reduce the cost of shipping emergency response vehicles donated to
Hawaii County from the City and County of Honolulu.
Reference: Comm. 667
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 403-24.
Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We do have one of our
Fire Department members here if you want to speak to it. It's pretty neat,
actually. And then this was waived—for the body, this was waived to Council to
expedite the process. Mr. Okinaka, if you could.
(Note: At this time. Assistant Fire Chief Darwin Okinaka came forward to
address the members of the Council.)
MR. OKINAKA: Good morning. Darwin Okinaka, Assistant Fire Chief for the
Hawaii Fire Department. Yeah, so we just want to relay our thanks to Young
Brothers for assisting this. Honolulu Fire Department and City and County of
Honolulu both donated four ambulances and three fire engines to the Hawaii Fire
Department, some of their relief apparatus that they don't use any more that we
can definitely use here in our department. So, along the lines with our aging fleet
and just to provide the services that we can for our island. So, they donated the
apparatus and then Young Brothers donated the shipping for free. So we
appreciate their efforts and their donations. Thanks.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Okinaka. Yeah, the
shipping help was extremely helpful. It's very nice of Young Brothers but then
the equipment as well. Amazing. So, a very nice resolution as a whole, yeah?
MR. OKINAKA: Yes, win, win, win.
MR. KANEALI`I-KLEINFELDER: Well, thank you for making this happen and
for your department as well, and for whoever helped with this. Appreciate it.
MR. OKINAKA: Thank you.
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Hawaii County Council-29 January 10,2024
MR. KANEALI`I-KLEINFELDER: And then from my side, thank you to City
and County and to Young Brothers for all their help. Amazing. Thank you,
Chair.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 403-24: The motion to adopt Res. 403-24 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. 404-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SHADE CLOTH
TO THE DEPARTMENT OF PARKS AND RECREATION
The donation from Kona Aquatics, with an estimated value of$39,000, would be
installed at the Kona Community Aquatics Center.
Reference: Comm. 668
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 404-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This too was waived to Council to expedite
the donation. Look forward to everyone's support. This is a neat opportunity for
the community, and thank you to the organization. I yield.
CHR. KIMBALL: Thank you. Any further conversation? Seeing none, all those
in favor please say "aye."
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Hawaii County Council-29 January 10,2024
Vote on Res. 404-24: The motion to adopt Res. 404-24 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. 405-24: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO
AWARD FUNDS TO HAWAII ISLAND VETERAN'S MEMORIAL, INC.
Provides grant funds in the amount of$45,000 to be used towards the "The Wall
That Heals —Hawai`i County"project.
Reference: Comm. 669
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 405-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This is not from my
office; caught me off guard. I don't have this much money. No, this is from
Parks and Recreation. This was waived, again to expedite the funding to the
organization for The Wall That Heals, and look forward to everyone's support on
this. I also appreciateI know Mr. Messina is not here but on behalf of their
department and actually, to their department from myself, this is a fairly
substantial donation towards the Hawaii Island Veterans Memorial. So, mahalo
to the department and to the Administration. I'm sure they had a hand in this.
Look forward to supporting this. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any
further discussion? Seeing none, I would like to just join you in thanking Parks
and Rec. (Recreation) for supporting this. The cause is something that we have
all supported. It's a unique opportunity for our community to be able to host this
and recognize the challenges that are faced by our veterans; some of them are in
the room. So, with that, all those in favor of approving Res. 405-24 please say
Ic aye.
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Hawaii County Council-29 January 10,2024
Vote on Res. 405-24: The motion to adopt Res. 405-24 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 405-24 is adopted. At this time, we just received
another amendment for Bill 107. I'm going to suggest we take a 10-minute break
so we can look at this and then come back to discuss Bill 107. So, we will come
back, let's say five to two; it gives us nine minutes. We're in recess.
Recess: At 1:48 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:59 p.m.
CHR. KIMBALL: We have a matter on the table; can I get a motion to remove
Bill 107 from the table?
Vote on Motion to Ms. Lee Loy moved to remove Bill 107 from the table.
Remove from Table: Seconded by Mr. Inaba and carried by the following
(Approved) 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: So, we will revisit Bill 107. There is already a motion on the
floor. Council Member Lee Loy.
Motion to Amend: Ms. Lee Loy moved to amend Bill 107 with the contents of
Comm. 609.16. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Lee Loy, on the amendment.
MS. LEE LOY: Thank you. On the amendment, thank you to Mr. Inaba for the
wordsmithing. This, I trust brings clarity. Looking forward to my colleagues'
support on this. However, I think we're going to get some different guidance
from Judge Strance on what actually we can and cannot do as far as amending an
appropriations bill, because that's what this is. But look forward to my
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Hawaii County Council-29 January 10,2024
colleagues' feedback. I'm just going to chalk it up to, you know in math and the
math teacher says, "Show your work,"this is what we're walking out, how we
can actually affect change on certain policy work that we do. This one's a little
different because it is an appropriation on amending our budget. And the fiscal
statements that are attached to the bill are really just for informational purposes.
So, no amount amending that will make a difference, and I just need to state that
for the record because we had testifiers say, "Well,just edit and add in the right
Council district." That's not the case. This is money coming from the State being
put in our operating budget, and there's definitely nuances in that approach. I
yield at this time.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member
Kierkiewicz, on the amendment.
MS. KIERKIEWICZ: I will be supporting the amendment, but I am curious to
know what, Judge Strance, what your legal opinion is. I think at the end of the
day, the community just wants assurances because so often promises are made,
even on record, and administrations change, leadership changes, there's a
completely different vision. So, once word is not good enough, we've got to see
the words on paper, and they have to be formally adopted at Council. So, if this
process, amending the appropriations bill doesn't work, can you suggest an
alternative? A resolution comes to mind, but I want to get your legal opinion.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. So, this
bill was a little bit awkward, partly because, I mean it—usually this body
routinely approves these types of bills because it's money in, money out, and the
bill itself, it describes a budget line in the bill. So, it's strictly a finance
transaction that you're approving. This particular grant of funds from the State is
for a very specific purpose. And many times when money comes with
attachments to it, then the budget bill is accompanied by a resolution where in the
resolution, a description of what's happening and why is included, and then this
body has an opportunity to debate and amend it and those sorts of things.
So, there was some thought that there was going to be a resolution that
accompanied this particular bill and there's not. I've been shown some
documents just a few minutes ago from DPW because I was wondering whether
there's a contract that accompanies the receipt of these monies. And it's kind of a
yes and no because there's a 2019 agreement between the County and the State
regarding some disbursements of funds that there's a more informal process to
receive them. So, if there was a requirement of a contract, Hawaii Revised
Statutes 46-7 requires Council approval to enter into an agreement. So, this is a
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Hawaii County Council-29 January 10,2024
little bit awkward but it—and I think the discussion that you folks have been
having around a budget item is kind of highlighted by usually we would have this
discussion in the context of a resolution, and that's not happening.
So, I don't want to speak on behalf of the Finance Department, but I know that
they weren't expecting this to be an issue and may not be available, but it would
be very awkward to have a budget item that goes into the line item, then they have
all these attachments and conditions to it. So, it's just a very awkward document
and it becomes more awkward if you're talking about down the line where you're
going to look for these kinds of restrictions. You're not going to go back and
look into your budget bill, so, I'm not sure that it actually accomplishes the
limitations that you're seeking. Then on top of that, I don't have enough
information about the State process and whether if the language that you put into
your budget bill doesn't match with what is in their bill, whether the County will
become ineligible for the funds. And I just honestly hadn't anticipated these
kinds of questions, and it requires consulting with people outside my department
as well as some research.
So, I don't think that the budget bill is the place to place your concerns and
limitations. I think maybe a resolution, either after the bill is passed or to hold
this over to the next meeting or meeting during which a resolution can work to go
to Committee and then here and then have it paired together would be helpful.
I've watched this body struggle over time with concerns about Hawaiian Home
Lands and the relationship of government generally, and this body specifically,
with that community and, you know, not to sound(inaudible) with the broken
promises and expectations of what the law requires. And there would be other
ways that this body could address those broader concerns in the context of
legislation. So, you know, I think that there are a number of ways to address this
issue. This is a very awkward way to address it, and it feels a little bit like a
round peg in a square hole.
Is it illegal? It would depend upon how the State would interpret that added
language into the bill, and I don't have an answer to that question.
MS. KIERKIEWICZ: Thank you for that information. It certainly provides more
clarity; want to make things less awkward. Absolutely supporting the intent of
this amendment. But what I'm hearing is this is not the appropriate way to
communicate scope and intention for this study to Public Works, that the more
appropriate vehicle is defining that through a resolution, which I would be happy
to work with you, Council Member Lee Loy, on. I think a lot of great discussion
happened here at Council. Excellent feedback has come in from community and
it seems like there is incredible willingness from the department to find the
solution and make this work. So, I'm happy to move this forward as like a protest
vote to just go for the amendment, whatever, but I would suggest that if the most
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Hawaii County Council-29 January 10,2024
appropriate vehicle is a resolution, that we hit the pause button on the main
motion and introduce a companion resolution that really defines the guardrails
and the scope of this study. Thank you for that latitude, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member
Inaba, on the amendment.
MR. INABA: Yeah, I'll be supporting the amendment. I think we can do the
resolution for, you know, clarification and giving those guardrails. But if it's not
illegal to do it today, then I don't see what the scare is. So, I would encourage
everyone to vote in favor, thank you.
MS. STRANCE: Council Member,just to be clear, illegal and whether it would
jeopardize your funds may be two different things, and I don't have an opinion on
whether the amendment would jeopardize the State funds.
CHR. KIMBALL: Thank you, Corporation Counsel. Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I'm going to support the
amendment with the context of what you just said, Ms. Strance, because it doesn't
change the area, which seems to be the bigger question of where the funding is
applied to. I don't agree with the limited scope of the area that has been
proposed, and I said that at the last meeting. But I do agree with ensuring that we
don't run any alternate routes through the Department of Hawaiian Home Lands,
given the stance and the letter and everything else and the testimony. So, for that
reason, I'm going to agree with you. I'm going to agree with the amendment.
If there is a resolution, I would like to see that it takes into account that users of
Districts 3, 4, and 5 all need alternate routes. And although this bill was proposed
at the State level as being specific to Puna makai, all of Puna needs access and
alternate routes, and the limit—it's problematic to limit the scope. It just really is.
That's all I can say.
So, I'll be supporting the amendment. And thank you for bringing that forward
because I was thinking about this and if I've ever seen this in the past five years,
and I haven't. So, you've found a creative way to do it and I appreciate that, and
it helps me move it forward today, which helps the community be accepting of
this study with some limitations. It doesn't become illegal, and it really does
promote the whole conversation today. So, thank you, Ms. Strance. Maybe it's
not the best situation you'd like to be in, but I think it's a nice middle ground.
Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone
else? Council Member Kagiwada.
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Hawaii County Council-29 January 10,2024
MS. KAGIWADA: Thank you. I'm also supporting the intent, I'm just not sure
if we want to jeopardize the funding, potentially. I'm wondering if there's a
feeling of potentially waiting on deciding on this bill, if we could also possibly
wait on the amendment to get a little more information. I guess that's where I'm
at right now. I hesitate to jeopardize the funding without a little more
information, and it seems like we could get that information but probably not
today.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member
Galimba.
MS. GALIMBA: Thank you. Yes, I agree that I would prefer to wait so that we
could have a resolution and not have to put it into the appropriations bill. I also, I
guess, want to put a little stake in the conversation here, and this may be just
ignorant on my part, but—and perhaps I can have some conversations with
different folks later to de-ignorant myself, but it seemed like there wasn't a very
good way to get to Hilo from lower Puna without going through Department of
Hawaiian Home Lands land. So, I mean, that just seemed like the elephant in the
room and part of the awkwardness, and I don't know if we want to—maybe that
would be a good thing to talk about in the resolution stage of this conversation.
I mean I've heard the concern about having yet another big piece of infrastructure
on Hawaiian Home Lands and it is really not fair and it would be disruptive, but
just looking at the map, I didn't see a good route that would solve the problems
that is wanting to be solved of having an alternate route out of Puna to Hilo
without going through those lands. So,just wanted to put that out there so that
maybe my ignorance can be taken care of. Thanks.
CHR. KIMBALL: Thank you, Council Member Galimba. I'm just going to
weigh in real quickly. I would support the intent of what is trying to be done
here, Council Member Lee Loy, but as other folks have commented and as Judge
Strance mentioned, our budget bills are procedural in nature. They are formulaic
and it is not the appropriate place to do policy. I think that my preference would
be to not include this policy language here but to hold the bill, and I think that we
have plenty of time to do that here, introduce a resolution that we can talk about
some of the other things that we've talked about around this bill today, and keep
the budget bill clean.
I will say we had a similar scenario with some CIP funds. You know, I'm going
to save that for the discussion when we get back to the main bill, but I'm not
going to support the amendment just because I don't think—I think this would set
a precedent to a habit that we don't want to start for ourselves, which is to try to
throw policy decisions in mechanical bills. So, I'm going to vote no on the
amendment and encourage my colleagues to do so. Any further discussion?
Council Member Lee Loy.
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Hawaii County Council-29 January 10,2024
MS. LEE LOY: Thank you. Thank you, everyone, for your feedback. You
know, from here, we have another place to go, right, because we're amending on
second and final reading. The choice would be to suspend the rules or hold it
over. So, we could actually go down the road of this bill, having a placeholder to
sequester the money with this amendment in place, let this carry over to our next
meeting, and have my office, along with Ms. Kierkiewicz' office, work hard on
having a resolution match up with this bill at that time. Because, one thing I've
learned in law is there's always a way to undo and do and redo. So, there might
be an opportunity to actually edit this out and put in a possible resolution number
along with maybe potentially other funding that would looka more
comprehensive study for all of Puna.
And I'm just I get it. We're learning on the fly guys. I'm just trying to keep all
the options open. Those are my thoughts, because where I'm at is where my
community is at, which is I need to pass something to ensure that a road doesn't
go through their district. And again, this is about a study, right, not the actual,
physical road. Thank you, Chair, for letting me fill out that conversation. I yield.
CHR. KIMBALL: Thank you. Any further discussions? Comments?
MS. EVANS: Chair, in Kona.
CHR. KIMBALL: Yes, go ahead, Council Member Evans.
MS. EVANS: Thank you. I really like what Member Lee Loy just proposed. It'd
be nice to—for me, I'm going to support this amendment language. I also like the
idea that it will come back probably in two weeks, which would be enough time
to talk to our Finance Director to actually reach out, potentially, to State
Representative Ilagan to get some feedback from the State level to make sure we
don't—actually, get the budget Director at the State level; that might be the
person. But anyway, it would be an opportunity to check to make sure that we're
not in any way jeopardizing the release of the funding from the State, but more
importantly, I think it really sends a strong message that we support the
community. We heard them loud and clear, and it does put a little fire under us to
get the answer and move towards maybe a resolution and get that drafted and, you
know, and really not—potentially, what this says is if we go the route of agreeing
to the amendment, I think the route is we hear the community loud and clear, and
we're supportive of it. So, with that, I will support Lee Loy's recommendation. I
yield.
CHR. KIMBALL: Any further discussion? Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I'm going to turn to our Clerk here for a
process question, which is if we amend today and we come back in two weeks,
we can just undo that amendment; no problem if we have an accompanying
resolution that says the more appropriate vehicle for the same sentiment?
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Hawaii County Council-29 January 10,2024
MR. HENRICKS: It depends on the circumstances, but generally, you can't
directly reverse things that have been done, other than through reconsideration or
doing something new later on that changes things, but don't go backwards
generally, especially directly backwards. So, if it's zero something then Robert's
Rules would generally frown upon that, but that depends on if it's like a zero sum.
If the amendment were just to be getting rid of Section 2 and making the bill look
like it looked before, I don't think Robert's Rules would smile upon that.
MS. KAGIWADA: To the maker of the amendment, did you have an idea of how
this might work if we go this route?
MS. LEE LOY: Judge Strance, let me know if we're going too far with Sunshine,
because I have some ideas. I don't want anybody's commitment, right? I don't
want to be in violation of the Sunshine Law, but absolutely, putting this
amendment in for me is a placeholder. I don't see the department going anywhere
with this money in two weeks, and then that'll give me an opportunity to get the
resolution going, and I would actually look for feedback on the resolution and
then further amend this bill to point to the resolution, and then that's how that
would work, unless Judge Strance has another thought.
CHR. KIMBALL: I'm going to weigh in, actually, as presiding officer and
arbiter of Robert's Rules and would suggest that given what you want to
accomplish, the perhaps better option is to postpone the vote on the amendment.
We have staff here. If the amendment still lives there we can still take the vote on
it, but we're not taking any action today, so the commitment still lives. I do have
concerns about trying to put this in and then pulling it back out. Robert's Rules,
as the Clerk puts it, would generally frown upon that action. So, that would be
my recommendation. Go ahead, Council Member Lee Loy.
MS. LEE LOY: You know us Hawaiians, we like to scrap, and I really want to
get to a protest vote. But I'm going to show a lot of maturity, grace, and dignity
right now and withdraw my motion.
Withdraw Motion Ms. Lee Loy withdrew her motion to amend Bill 107
to Amend: with the contents of Comm. 609.16.
MR. HENRICKS: Before you recognize the motion and second, I believe
Ms. Lee Loy wanted to withdraw her motion, but I didn't hear any recognition of
that. So, I just slow down a little bit for me over here so I can make sure we
know where everybody is at.
CHR. KIMBALL: Great, thank you. So, we have a motion withdrawn to amend
Bill 107 with the contents of Comm. 609.16 by Council Member Lee Loy.
Motion to Postpone: Ms. Lee Loy moved to postpone Bill 107 to
January 24, 2024. Seconded by Ms. Kierkiewicz.
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Hawaii County Council-29 January 10,2024
CHR. KIMBALL: Thank you. Council Member Lee Loy, you still have the
floor.
MS. LEE LOY: Thank you. Thank you for my colleagues. Like I mentioned,
this was like math class, show your work. I really wanted everybody to have an
opportunity to exercise all these different moving parts. I really do appreciate. I
continue to stand by my community. We need some kind of airbag on this one. I
recognize that it is a study. I would rather look at putting this money along with
additional monies for a very comprehensive study, but that's where I stand.
Thank you, everyone. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion
on the postponement? Seeing none, all those in favor please say "aye."
Vote on Motion to The motion to postpone Bill 107 to January 24, 2024,
Postpone: was carried by the following voice vote:
(Approved)
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 107 is postponed to the January 24, 2024, meeting in
Kona. Thank you. Alright, if we could go back to—thank you, folks, for being
here today. Bill 108, please.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Bill 108: AMENDS CHAPTER 2, ARTICLE 49, SECTION 2-271; CHAPTER 37,
(Draft 2) ARTICLE 1, SECTIONS 37-1-2 AND 37-1-3; AND CHAPTER 37, ARTICLE 2,
SECTION 37-2-21, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,
AS AMENDED), RELATING TO SUSTAINABILITY, CLIMATE, EQUITY,
AND RESILIENCE
Adds definitions for"trauma" and "trauma informed," and incorporates the concept
of applying a"trauma informed approach"to the application of and access to
critical resources and support for the County's most vulnerable populations.
Reference: Comm. 626.5
Intr. by: Ms. Lee Loy
Approve: GOEAC-97
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Hawaii County Council-29 January 10,2024
Motion to Approve: Ms. Lee Loy moved to pass Bill 108, Draft 2, on first
reading and adopt Governmental Operations and External
Affairs Committee Report No. 97. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Thank you. To my colleagues, thank you so much for your
support. You know, we heard great information from Tia over at our Office of
Wellness and Resiliency at the State. I wanted to direct my colleagues to a
handout that my staff just passed out, HR 6415. This is a piece of resolution
this is a bill, actually, being introduced by our Congresswoman, Jill Tokuda, that
really complements this trauma-informed piece. I think I just want to take a
moment to acknowledge that this is what cooperation and partnership looks like
from the federal level to the state level down to the county level. Congresswoman
Tokuda's bill provides $5 million in funding for our first responders in this area of
trauma-informed and peer support.
With that, I do want to acknowledge my colleagues, as Ms. Kierkiewicz and
Mr. Inaba wanted to make some edits as far as term of art when we're using this
trauma-informed definition. In light of Congresswoman Tokuda's legislation, I
would like to postpone this for one more meeting to make sure that all of our
definitions are lining up or giving us the greatest amount of access to the most
amount of money that we can get for our first responders. Look forward for my
colleagues' feedback, but I will be asking to move this to the next meeting. I
yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion
before I take a motion to postpone? Seeing none, Council Member Lee Loy, go
ahead with the motion to postpone.
Vote on Motion to Ms. Lee Loy moved to postpone Bill 108, Draft 2, to
Postpone: January 24, 2024. Seconded by Mr. Inaba and carried by
(Approved) the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and
Chair Kimball —7.
Noes: None.
Absent: Council Members Galimba and
Kaneali`i-Kleinfelder—2.
Excused: None.
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Hawaii County Council-29 January 10,2024
Bill 109: INITIATES AN AMENDMENT TO AMEND ARTICLE XIII, SECTION 13-8 OF
THE HAWAII COUNTY CHARTER (2022 EDITION), RELATING TO TERM
OF OFFICE OF DEPARTMENT HEADS
Proposes to revise the County Charter to require the Mayor to appoint department
heads within 30 days of taking office and within 60 days of any vacancy occurring
during the Mayor's term of office, and further that the department head shall not
take office until confirmed by the County Council.
Reference: Comm. 627
Intr. by: Mr. Inaba and Ms. Villegas
Approve: GOEAC-98
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
(Note: Comm. 627.12, from Council Member Holeka Goro Inaba and Council
Member Rebecca Villegas dated January 4, 2024, transmitting proposed
amendments to Bill 109, was circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 109 on first reading and adopt
Governmental Operations and External Affairs Committee
Report No. 98. Seconded by Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Yes, thank you. We did have good discussion at our Committee
hearing. I have one amendment today and we'll take this up first before
discussing some of what we had previously discussed.
Motion to Amend: Mr. Inaba moved to amend Bill 109 with the contents of
Comm. 627.12. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba, on the amendment.
MR. INABA: Thank you. We had discussion regarding changing our Council
action from 60 days to 45 days. So, this is what this amendment is bringing
forward in thinking through the different scenarios that this amendment would
kind of alter the bill or how we do things. The only difference is, right now, the
Council typically doesn't hold Committee meetings during an inauguration year
in December in Kona. This would require us to hold that Committee meeting or
perhaps even schedule a Committee hearing early in December if we are going to
have the two readings, both at Committee and Council. The 45-day window,
however, always allows for two readings. That's how boards and commissions
we have 45 days to act on board and commission nominations. So, Mr. Clerk, if
you could just confirm that what I said was accurate in terms of our calendar and
inauguration years.
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Hawaii County Council-29 January 10,2024
MR. HENRICKS: That sounds about right.
MR. INABA: Okay, thank you. So overall, I mean we know what the intention
of the bill is, and that's to ensure that directors don't start until the Council does
confirm them. This amendment just moves up that timeline that we have to act
quicker, and that's kind of meeting halfway with the intention of the bill and also
wanting folks to get started. Happy to take any questions and see how this vote
goes. Thank you.
CHR. KIMBALL: Thank you. Any further discussion on the amendment?
Seeing none, all those in favor of amending Bill 109 with the contents of
Comm. 627.12 please say "aye."
Vote on Motion to The motion to amend Bill 109 with the contents of
Amend: Comm. 627.12 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball –8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder– 1.
Excused: None.
CHR. KIMBALL: Back to the main motion.
MR. INABA: Thank you. The other part of the discussion we had at the
Committee hearing was regarding that interim. You know, if a deputy and a
director both should vacate their office, in discussing the matter with Corporation
Counsel and with the Department of Human Resources, it was advised that it
might be better not to specify, but the Mayor does have authority to act and sign
at any capacity that a director would. And any—for example, in DPW, any chief
of a division or those in supervisory roles would be able to oversee and continue
acting in their role and could be assigned temporarily to act or take care of any of
the director's kuleana until a new director is confirmed by the Council. And we
do have the Director of Human Resources here today if anybody has questions.
Thank you, Sommer, for being here. So, that's the reason why we don't see an
amendment regarding that discussion point, but happy to take any questions if
anyone has any at this point. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any discussion on the main
motion? Alright, seeing none, all those in favor—Council Member Galimba.
MS. GALIMBA: I really do appreciate the 45 days; I think that's very helpful. I
guess very on the fence here, being the contrary on this. I mean I guess I wasn't
here for the particular circumstances I think that largely motivated this. So, I am
still very much interested in the AdministrationI mean I think for the people of
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Hawaii County Council-29 January 10,2024
the County having the Executive Branch function as quickly as possible is
something that I personally like. But I also understand some of the desire to not
have folks in a limbo state that have been appointed but not—and are working but
haven't been fully confirmed. So, sort of seeing two sides of this. It is going to
the voters, so I think that the fact that we now have a shorter timelineI think
I've talked myself into voting for it.
CHR. KIMBALL: Thank you. Vice Chair Inaba.
MR. INABA: Thank you. For these Charter amendments, I think because it
really does change the way we do things, I'm just going to take this opportunity to
re-summarize what the bill does in the event that folks missed the Committee
hearing. Number one, it makes sure that deputies and assistants can continue on
should a director depart, or is released from employment with the County. The
language is not clear right now whether a deputy and the private secretary could
continue, so this bill makes that very clear. We want them to continue; we know
that's the intention. And again, it ensures that within 30 days of the start of any
mayoral term, the Council will receive appointments for all of those offices that
do have appointments. Now, with the amendment we pass today, we would act
within 45 days, or the appointee would be considered confirmed, and finally, that
folks do not start until confirmed by the Council,which is different than what
happens now, in that folks take office when appointed by the Mayor. So,just
wanted to rehash those summary points of what this bill does. Thank you, Chair.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion on the
main motion? Okay, I'm just going to make a quick comment. I have some
hesitancies as well about this. I keep running through different scenarios, and I
totally understand the problem that you guys are trying to fix. And I agree it's an
issue that needs to be fixed. But now, I'm running through this scenario in my
head where you have a Mayor. He appoints his or her department heads. That
Mayor then loses in the next election. Their department heads stay on now for at
least 45 days prior to the new Mayor. What if there was some animosity or
resentment, and so now, you have a situation where you have people in office for
a month and a half as department heads, potentially under a Mayor that they
disagree with. So, what about, I'd like to ask the makers, what about that
converse scenario and how do we protect against that with this language?
MR. INABA: The Charter right now allows for folks to hold over. But if a new
Mayor comes in, they have the right to terminate the employment of any director,
per the Charter. And that's not anything that we're touching via this bill, so that
provision stands.
In addition, they're not required to stay. So, at the end of the term, they could
voluntarily choose to depart the County. Again, that would leave a 45-day
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Hawaii County Council-29 January 10,2024
window, up to a 45-day window, where there might not be a deputy or a director,
in a worst case scenario. But yes, no one is forced to work here, and the Mayor is
not forced to work with any department head. He or she could terminate them.
CHR. KIMBALL: Thank you. Appreciate you really clarifying that. Alright,
with that, any further comments? Seeing none, all those in favor of moving Bill
109 to second reading,please say "aye."
Vote on Bill 109: The motion to pass Bill 109, as amended to Draft 2,
Draft 2 on first reading and adopt Governmental Operations and
(Approved) External Affairs Committee Report No. 98 was carried by
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.
Bill 110: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO ESTABLISHING A REGISTRY OF INFORMATION FOR THE PURPOSE
OF NOTIFYING PROPERTY OWNERS OF VANDALISM, IMMEDIATE
HAZARDS, OR DISASTERS
Requires owners of real property, or a designated agent of an absentee property
owner, to provide to the County the property owner or designated agent's name,
mailing address, telephone number, and email address to allow the County to
distribute the contact information amongst County departments and agencies for the
purpose of notifying the property owner or agent of potential or existing harmful
impacts to the property due to vandalism, immediate hazards, emergencies or
disasters.
Reference: Comm. 639
Intr. by: Ms. Kierkiewicz
Approve: PCHSW-9
(Note: Comms. 639.6 and 639.7, from Council Member Ashley L. Kierkiewicz
dated January 9 and 10, 2024, respectively, transmitting proposed amendments to
Bill 110, were circulated.)
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 110 on first reading
and adopt Policy Committee on Health, Safety, and Well-
being Report No. 9. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kierkiewicz.
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Hawaii County Council-29 January 10,2024
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 110 with the
contents of Comm. 639.7. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Go ahead, Council Member Kierkiewicz, on the amendment.
MS. KIERKIEWICZ: Thank you, Chair, and thank you so much to my
colleagues for the really excellent feedback that was provided during Committee.
This version reflects everyone's feedback. We took most of the definitions that
were listed in the bill and actually plugged that into the ordinance. Other things
that I do want to call out, wanting to make very clear about this information being
safeguarded by the County and not being made available to members of the
public. So, that's called out specifically in its own section. Then we also
provided clarity around circumstances in which this contact information would be
used. Happy to take any questions folks might have on this proposed amendment.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: No questions; I just want to thank you. These amendments do
address what we discussed and makes clear how we protect the information, and
makes very clear, separately, how we will use it. So, I'll be supporting the
amendment. Thank you.
CHR. KIMBALL: Thank you. Anyone else? Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I really appreciate the amendments. I
think they're really good. The only thing I guess I have a question about is, once
you do the amendments, the title of the bill still says some things that you didn't
change out of the actual bill itself. I'm just wondering if you considered, you
know, doing it so that it would be more in alignment. So, to the maker.
MS. KIERKIEWICZ: Chair, if I might respond.
CHR. KIMBALL: You may respond.
MS. KIERKIEWICZ: Thank you. I'm actually going to be withdrawing this bill
today because the amendments are so significant. They no longer align with the
very specific details within the title. But I wanted to have this conversation today
so that I can introduce, at first reading, a clean version of this bill. I'm going to
ask Committee Chair Kagiwada I think we heard this in your committee for a
waiver straight to Council only because we are under a time crunch to get this
information as part of the mailer that goes out, the assessment mailer that goes out
in March. So, if folks are good with this version, a clean bill with a new title that
really reflects everything that can be done, of course within limits, with the
contact information that's being gathered from this bill that will be introduced at
first reading.
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Hawaii County Council-29 January 10,2024
MS. KAGIWADA: Great. I really appreciate that because I do like the way that
you've changed the body of the bill itself. And I just wanted to see that reflected
in the title. So, thank you. And I'm happy to work with you on that for sure.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else on the
amendment to Bill 110? Mr. Clerk.
MR. HENRICKS: I was just going to ask for a personal favor.
CHR. KIMBALL: Sure.
MR. HENRICKS: If the introducer is going to withdraw her main motion, I
would also ask her to withdraw her motion to amend so that we just don't need to
produce the Draft 2. Because, if you amend, even if it was withdrawn, we'd have
to make Draft 2, unless you want to.
MS. KIERKIEWICZ: No, you know what? I want to save everybody the time
and trouble, so, if there's no other feedback, I will be withdrawing the amendment
to Bill 110 that is reflected in Comm. 639.7.
Withdraw Motion Ms. Kierkiewicz withdrew her motion to amend Bill 110
to Amend: with the contents of Comm. 639.7.
MS. KIERKIEWICZ: One more point of discussion on this bill is related to the
fines, and I want to start that discussion.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 110 with the
contents of Comm. 639.6. Seconded by Ms. Lee Loy.
MS. KIERKIEWICZ: Chair, at Committee, I had several of our colleagues point
out—you know what—
CHR.
hatCHR. KIMBALL: 639.6.
MS. KIERKIEWICZ: Are we okay? Do we need a break?
CHR. KIMBALL: No, we're good.
MS. KIERKIEWICZ: Okay. So, Communication 639.6, and this is related to
fines for not providing contact information that has been required through this
ordinance. I was getting signals from my colleagues that we could up the fine to
$250. In consultation with the Real Property Tax office and reviewing their
Code, right now, their fine schedule is $100 and $1,000. I wanted to have the
discussion around giving the Real Property Tax office, through their rules, the
ability to create a tiered approach. We have folks that are like banks, outside
interest that probably can afford a higher fine, and there are so many different
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Hawaii County Council-29 January 10,2024
nuances with different situations for each property. So, I just want to get thoughts
from the Council, as we work on a revised version of the bill, about the approach
we should be taking and directing the Real Property Tax Division to architect in
their rules. Again, would love everybody's feedback. Right now, it's $100 or a
$1,000 fine per Chapter 19. If we go the route of a$250 across-the-board fine,
that would require a housekeeping amendment to Chapter 19. But would really
appreciate what folks have to say here. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any other
discussion on the amendment? Council Member Lee Loy.
MS. LEE LOY: Thank you. To the maker, yeah, I support the $250. I actually
support more. I think there's carrots and sticks. So, for me, I don't mind even
going higher because I think this is something that's necessary. We need people
to comply. So, ultimately, I would support something higher. But if we're going
to keep it here and give Real Property Tax the opportunity to make adjustments,
I'm fine with that. That's my thoughts. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Vice Chair Inaba.
MR. INABA: Yeah, completely echo Council Member Lee Loy's sentiments.
Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'm on the opposite end of the spectrum. A
hundred dollar fine to me is appropriate. Going higher, saying if you don't do
this, we're going to fine you $1,000 or $250, doesn't make sense. If someone's
going to pay for this, sorry, if someone's going to fill out the paperwork and file
their name into—do or ask them to do a fee at the bill, they'll do it. A hundred-
dollar fine is appropriate. I think going higher, I don't know, it just seems
backwards. I don't like the idea that we're charging people because they're not
submitting their information. I think we're talking about a very small number of
folks who would actually consider not doing it. The rest of us would just fill out
the paperwork, send it in like we always do. Good to go. The randoms, I don't
know. I don't like that feeling of we're going to fine you if you don't do it. In
some places, makes perfect sense, you know, speeding and that kind of thing. In
this one, it really isn't a life or death for me. This is something that is really
helpful for the community, but not a your dog's loose and killing someone,
you're speeding, one of those kinds of ideas, I guess. I'm not explaining that very
well, but that's what I feel. So, thank you.
CHR. KIMBALL: Thank you, Council Member. Council Member Kagiwada.
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Hawaii County Council-29 January 10,2024
MS. KAGIWADA: Thank you, Chair. I just wanted to mention, not to go into
any Sunshine things, but there is something that Chair Kimball and I have been
working on. It's kind of a bigger, clean-up bill for some of the issues around this
stuff, including fine amounts, for the County to try to do some standardizing
across the departments. So, happy to look at that, and pointedly at this one, as
we're doing that as well just so you don't have to do a separate bill.
CHR. KIMBALL: Thank you, Council Member Kagiwada.
MS. EVANS: Chair?
CHR. KIMBALL: Yes, Council Member Evans.
MS. EVANS: Thank you. Wow, I am a believer of opt in on this instead of
fining people and so, I wouldn't support raising it from 100 to 250. I also
believe—and another point is we have so many property owners on fixed income.
I think we have to look at the demographics of our island. We have to look at
places, even in Puna, where they have aI think they have a high level of low
income and poverty. And you have some houses that are maybe, you know,
$200,000 or $300,000 houses. But now you're telling them, "If you don't
contribute to us having your phone number, we're going to fine you." I just think
we're going to hurt the low income, the working poor, and our seniors on fixed
incomes. So, I wouldn't support raising from 100 to 250 (dollars). So, I will be
voting no on the amendment. Thank you.
CHR. KIMBALL: Anyone else? Vice Chair Inaba.
MR. INABA: Last thing, not necessarily on the value but perhaps we can clarify
how—is it 250 (dollars) semiannually, for as long as you don't give it, or I want it
to be a step and end at 250 (dollars)? Is it a one-time thing? It's not clear, so as
we make that next draft, if we can just specify what it is annually and
semiannually, by day, whatever. Okay, thank you.
CHR. KIMBALL: Thank you. I'll just chime in. Council Member Kagiwada
mentioned that we've been looking at some standardized language around notice
of violation and sticking because we have that across the Code in almost every
chapter. I'm actually not certain it's in Chapter 14; I think it is. But moving that
all into Chapter 2 and then referring to it as needed. So, not to delay your process,
but that might be the language you want to plug in there. Basically, it would be a
statement along the lines of, you know, failing to submit this information would
be considered a violation that automatically triggers the notice of violation and the
$1,000 upper limit of what can be charged. So, we can maybe talk a little bit
about that offline. But there's standard language all throughout the Code that you
could just point to and pop it in, and that gets, I think, what you were talking
about before. Okay with that
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Hawaii County Council-29 January 10,2024
Withdraw Motion Ms. Kierkiewicz withdrew her motion to amend Bill 110
to Amend: with the contents of Comm. 639.6.
CHR. KIMBALL: We're back to the main motion.
Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 110 to the call of
Postpone: the Chair. Seconded by Ms. Lee Loy and carried by the
(Approved) 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.
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.)
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 2:53 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. 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.
Page 70
Hawai`i County Council-29 January 10,2024
CHR. KIMBALL: Great job today, everyone. Thank you.
MAR 0 6 2024
Council Approval:
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