HomeMy WebLinkAboutMIN COUNCIL 2024-02-07 2022-2024 Hawaii County Council
31" Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
February 7, 2024
INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning's invocation.
(Note: At this time, February being Hawaiian Language Month, Kumu
Pua Mendonca provided words of inspiration in the Hawaiian language.)
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 1:04 p.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
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
Absent& Excused: Ms. Michelle M. Galimba, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Mr. Inaba presented the February 2024 Haweo Award to
EXPRESSIONS OF Patrol Officer Chyann Gabriel of the Hawaii Police Department.)
CONDOLENCE:
Recess: At 1:16 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:18 p.m.
Hawaii County Council-31 February 7,2024
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: (There were none.)
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 406-24: ACCEPTS THE DEDICATION OF ROADWAY PARCEL IDENTIFIED AS ALL
OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF LAND
DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT
NUMBER 6586, LAND COMMISSION AWARD NUMBER 8689-B TO
HELEANAOLE) SITUATED, LYING AND BEING AT KAPA`AU DISTRICT,
OF NORTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII, AND DESIGNATED AS TAX MAP KEY: 5-4-004-015 ("ACCESS
ROAD") FROM KAPA`AU WATER WORKS COMMUNITY ASSOCIATION,
A HAWAII NONPROFIT CORPORATION
The landowner seeks to dedicate the roadway and all improvements for public
roadway purposes.
Reference: Comm. 680
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-46
Motion to Approve: Mr. Inaba moved to adopt Res. 406-24 and Legislative
Approvals and Acquisitions Committee Report No. 46.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: We had good discussion. I ask for your support. Mahalo.
CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing
none, all those in favor please say "aye."
Vote on Res. 406-24: The motion to adopt Res. 406-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 46 was
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
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Hawaii County Council-31 February 7,2024
Res. 407-24: ACCEPTS THE DEDICATION OF A ROADWAY LOT, CONTAINING AN
AREA OF 54,424 SQUARE FEET, IN THE KUPULAU MEADOWS
SUBDIVISION, PHASE II, PORTION OF GRANT 9460 TO HENRIETTA D.
HOLT, BEING IDENTIFIED AS TAX MAP KEY: 2-4-076-052, SITUATED AT
WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF
HAWAII, STATE OF HAWAII, FROM FOLIAGE PARTNERS, A HAWAII
LIMITED PARTNERSHIP, KUPULAU ANTHURIUM PARTNERS, A HAWAII
LIMITED PARTNERSHIP, AND ANDRAEA PARTNERS, A LIMITED
PARTNERSHIP
The landowners seek to dedicate the roadway and all improvements for public
roadway purposes.
Reference: Comm. 681
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-47
Motion to Approve: Mr. Inaba moved to adopt Res. 407-24 and Legislative
Approvals and Acquisitions Committee Report No. 47.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: I ask for your support. Mahalo.
CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Ms. Strance, I have a question for you.
CHR. KIMBALL: We also have DPW (Department of Public Works)
Corporation Counsel if you
MR. KANEALII-KLEINFELDER: No, different. Thank you.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MR. KANEALII-KLEINFELDER: Do you have the resolution in front of you?
MS. STRANCE: I do.
MR. KANEALII-KLEINFELDER: Ready?
MS. STRANCE: Yup.
MR. KANEALII-KLEINFELDER: Third"WHEREAS" clause:
(Section) 23-10, Hawaii County Code,prohibits Council from receiving by
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Hawaii County Council-31 February 7,2024
dedication any streets in any subdivision platted after December 2nd, 1966, except
upon full compliance with provisions of Chapter 23. This is my question: What
if it was before December 2nd, 1966? And you can look into that at a later time if
you want.
MS. STRANCE: I have one of our deputies here with me. He might be able to
answer that question for you outright. One moment.
MR. KANEALI`I-KLEINFELDER: Okay.
(Note: At this time, Deputy Corporation Counsel Sinclair Salas Ferguson
came forward to address the members of the Council.)
MR. SALAS FERGUSON: Hello, Council. Sinclair. Let me just pull up the reso
(resolution).
MR. KANEALI`I-KLEINFELDER: It's the third"WHEREAS" clause,
Section 23-10, the basis of"prohibits Council from receiving if platted after
December 2nd, 1966." That is the Code. That's the way it reads. My question is
if it was before December 2nd, 1966.
MR. SALAS FERGUSON: Yeah, you know what, I've never dealt with that
question and haven't dealt with a dedication for a road that was created before
1966. But it's standard language that we have in our resolutions. But I can look
into that if you want me to.
MR. KANEALI`I-KLEINFELDER: If it issorry, it is standard language and
it's normal, and it's a weird one to me because it explains what happens to those
after that date, but there's no clarification for what happens to any roads before
that date. I've always found that interesting. If you could give me an answer to
that, I'd appreciate it.
MR. SALAS FERGUSON: Sure.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any
further discussion on this item? Seeing none, all those in favor please say "aye."
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Hawaii County Council-31 February 7,2024
Vote on Res. 407-24: The motion to adopt Res. 407-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 47 was
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
RES. 408-24 The following individual registered to speak and came forward when called by
(COMM. 682): the Chair:
Toni Bissen: In support.
(representing PW5 Foundation) (See Comm. 682.8)
Res. 408-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR
CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE
PROPERTY IDENTIFIED AS TAX MAP KEY: 2-5-001:011, SITUATED IN
THE AHUPUA`A OF PUNAHOA, DISTRICT OF SOUTH HILO, UTILIZING
THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
The County seeks to acquire approximately 1,052 acres of land to protect cultural
and natural resources and open certain areas of the property for education,
gathering, and cultural practices. The parcel is listed as priority number two in the
2023 Annual Report of the Public Access, Open Space, and Natural Resources
Preservation Commission.
Reference: Comm. 682
Intr. by: Ms. Kagiwada
Approve: LAAC-48
Motion to Approve: Ms. Kagiwada moved to adopt Res. 408-24 and Legislative
Approvals and Acquisitions Committee Report No. 48.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Kagiwada.
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Hawaii County Council-31 February 7,2024
MS. KAGIWADA: Thank you so much. Just looking for support from my
colleagues. I think this is an asset that can be great for our island and our County.
Yeah, looking for your support. Thank you so much.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 408-24: The motion to adopt Res. 408-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 48 was
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 409-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL PROPERTY,
BEING A PORTION OF GOVERNMENT HOMESTEAD ROAD AND A
30-FOOT-WIDE RIGHT OF WAY, SITUATED AT HONOMU, SOUTH HILO,
ISLAND OF HAWAII, STATE OF HAWAII, BY ITS BOARD OF LAND AND
NATURAL RESOURCES
The County seeks to preserve and protect public access to the Hilo Forest Reserve.
Reference: Comm. 683
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-49
Motion to Approve: Mr. Inaba moved to adopt Res. 409-24 and Legislative
Approvals and Acquisitions Committee Report No. 49.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: We had good discussion on this one as well in Committee, and ask
for your support in resolving this long-standing issue. Thank you.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
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Hawaii County Council-31 February 7,2024
Vote on Res. 409-24: The motion to adopt Res. 409-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 49 was
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 410-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION
EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED
AS TAX MAP KEY: 8-7-11:002, SITUATED IN THE DISTRICT OF
SOUTH KONA, ALSO KNOWN AS `IO LANI KEA, UTILIZING THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
FUND
The County seeks to acquire approximately 46.27 acres of land to protect cultural
and natural resources and preserve portions of the ala loa or Ala Kahakai National
Historic Trail. The parcel is listed as priority number twelve in the 2018 Annual
Report of the Public Access, Open Space, and Natural Resources Preservation
Commission.
Reference: Comm. 684
Intr. by: Ms. Galimba
Approve: LAAC-50
Vote on Res. 410-24: Mr. Inaba moved to adopt Res. 410-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 50.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
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Hawaii County Council-31 February 7,2024
Res. 415-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR ONE
FORKLIFT, ONE 3-TON DUMP TRUCK, AND ONE SUPER DUTY TRUCK
WITH UTILITY BODY AND CRANE FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into five-year lease agreements with an approximate
monthly cost of$1,600 for the forklift, $2,200 for the 3-ton dump truck, and $5,100
for the super duty truck, to be used by the Wastewater Division.
Reference: Comm. 689
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-134
Vote on Res. 415-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 415-24 and
(Adopted) Finance Committee Report No. 134. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 422-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KA`AHAHUI `O KA
NAHELEHELE FOR EXPENSES RELATED TO ITS HAWAII ISLAND SEED
BANK
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 705
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 422-24.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member.
MR. KANEALII-KLEINFELDER: Thank you, Chair. I really like what this
nonprofit is doing. They have a number of different programs that I like. I asked
my staff to kind of run through things that they'd like to see us back, and this is
one of the ones that my staff came back with wanting to see promoted.
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Hawaii County Council-31 February 7,2024
So, the Hawaii Island Seed Bank, it's a public seed bank started in 2008. They
provide seed storage, cleaning, and germination trials for landowners, farmers,
growers, and agencies. They're also a founding partner of the Hawaii Seed Bank
Partnership, which is a statewide collaborative to preserve the genetic diversity of
Hawaiian species. They are the Hawaii Island partner for the `Ohi`a Love
project, which is an `6hi`a seed thinking initiative for future restoration during the
Rapid `Ohi`a Death Crisis.
They're also partnering with the largest native seed bank in the world, the Royal
Botanic Gardens, the Millenium Seed Bank in England, and the Global Tree Seed
Project. They have been collecting seeds from Native Hawaiian tree species for
future restoration and research. Half are being stored here in Hawaii, and the
other half in England as a backup.
I was just tremendously impressed with the organization and interested to see
what comes of it. And just wanted to mahalo my staff member Amanda for doing
the research and getting us to this point. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member. Any further discussion on this
item? Seeing none, all those in favor please say "aye."
Vote on Res. 422-24: The motion to adopt Res. 422-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 423-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HUMANITY HALE TO
ASSIST WITH EXPENSES RELATED TO ITS LIFE-ENHANCING
PROGRAMS FOR AT-RISK YOUTH
Transfers $8,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 706
Intr. by: Mr. Inaba
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Hawaii County Council-31 February 7,2024
(Note: Comm. 706.1, from Council Member Holeka Goro Inaba dated
February 7, 2024, transmitting proposed amendments to Res. 423-24, was
circulated.)
Motion to Approve: Mr. Inaba moved to adopt Res. 423-24. Seconded by
Ms. Villegas.
Motion to Amend: Mr. Inaba moved to amend Res. 423-24 with the contents
of Comm. 706.1. Seconded by Mr. Kaneali`i-Kleinfelder.
MR. INABA: This amendment specifies the specific equipment and supplies that
the funds would be used for. Corporation Counsel had some concern that it was
kind of open-ended and not specific enough. So this is what the amendment is
doing. I ask for your support. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion on the
amendment? Seeing none, all those in favor of amending Resolution 423-24 with
the contents of Communication 706.1, please say "aye."
Vote on Motion to The motion to amend Res. 423-24 with the contents of
Amend: Comm. 706.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the
Suspend Council holdover for the substantive amendment of Res. 423-24.
Rules: Seconded by Ms. Villegas and carried by the following
(Approved) voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
CHR. KIMBALL: Go ahead, Council Member Inaba.
MR. INABA: Thank you. I just ask for everyone's support. Mahalo.
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Hawaii County Council-31 February 7,2024
CHR. KIMBALL: Any further discussion on this item? Seeing none, all those in
favor please say "aye."
Vote on Res. 423-24: The motion to adopt Res. 423-24, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 424-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR VARIOUS `IKE PONO INTERSESSION PROGRAMS
IN THE HAMAKUA-NORTH/SOUTH HILO DISTRICT
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Summer/Intersession Other Current Expenses account.
Reference: Comm. 707
Intr. by: Ms. Kimball
(Note: Comm. 707.1, from Council Chair Heather L. Kimball dated February 7,
2024, transmitting proposed amendments to Res. 424-24, was circulated.)
Motion to Approve: Mr. Inaba moved to adopt Res. 424-24. Seconded by
Ms. Villegas.
Motion to Amend: Mr. Inaba moved to amend Res. 424-24 with the contents
of Comm. 707.1. Seconded by Ms. Villegas
CHR. KIMBALL: I'll just chime in here. Similar to the previous resolution, at
the request and recommendation of Corporation Counsel, being a little bit more
specific with the language of the CRF (Contingency Relief Fund)resolution.
Where this is all coming from is Auditor Benner as well as Corporation Counsel
are looking at our grant programs, both the grant-in-aid and CRF. Just making
sure that we can have proper accountability and reporting and assurances that
we're using these grant monies appropriately and for public purpose.
Did want to also mention that, in conversations between Vice Chair Inaba and I
and the Clerk, we will be moving one of our positions that was in LRB
(Legislative Research Branch) to help support this grant management on our side
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Hawaii County Council-31 February 7,2024
of things. So we will have some assistance on better wording of these documents
at a later point. With that, any further discussion on this item? Seeing none, all
those in favor please say "aye."
Vote on Motion to The motion to amend Res. 424-24 with the contents of
Amend: Comm. 707.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 23 to waive
Suspend Council the holdover for the substantive amendment of
Rules: Res. 424-24. Seconded by Mr. Inaba and carried by the
(Approved) following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Vote on Res. 424-24: The motion to adopt Res. 424-24, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
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Hawaii County Council-31 February 7,2024
Res. 425-24: 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 FRIENDS OF FIRST
RESPONDERS FOR EXPENSES RELATING TO THE BLUE COURAGE
TRAINING
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Police Department, Police Administration
Division-Other Current Expenses account.
Reference: Comm. 708
Intr. by: Ms. Kimball
Motion to Approve: Mr. Inaba moved to adopt Res. 425-24. Seconded by
Ms. Villegas.
CHR. KIMBALL: Any discussion? I just ask for my colleagues' support in
funding this really wonderful program for the members of our community up
there in blue. All those in favor, please say "aye."
Vote on Res. 425-24: The motion to adopt Res. 425-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 426-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
THREE MULTI-FUNCTION COPY MACHINES FOR THE OFFICE OF
HOUSING AND COMMUNITY DEVELOPMENT
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
annual cost of$2,500, to be used by the department's Existing Housing Division in
Hilo.
Reference: Comm. 709
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 426-24.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member.
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Hawaii County Council-31 February 7,2024
MR. KANEALI`I-KLEINFELDER: Look for everyone's support. Thank you.
CHR. KIMBALL: All right, any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 426-24: The motion to adopt Res. 426-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 431-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
TWO MULTI-FUNCTION COPY MACHINES FOR THE OFFICE OF THE
COUNTY CLERK
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$215 for both printers, to be used by the department's Council
Services Section and Administrative Services/Legislative Research Branch.
Reference: Comm. 716
Intr. by: Ms. Kimball
Waived: FC
Vote on Res. 431-24: Mr. Inaba moved to adopt Res. 431-24. Seconded by
(Adopted) Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
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Hawaii County Council-31 February 7,2024
Bill 124: AMENDS CHAPTER 513, ARTICLE 2, SECTION 5B-2-1(D), OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO WIND
DESIGN CRITERIA FOR RESIDENTIAL BUILDINGS
Establishes provisions specific to single-story, slab-on-grade residential buildings.
Reference: Comm. 678
Intr. by: Ms. Kimball
Approve: PCPLUD-7
Motion to Approve: Mr. Inaba moved to pass Bill 124 on first reading and adopt
Policy Committee on Planning, Land Use, and
Development Committee Report No. 7. Seconded by
Mr. Kaneali`i-Kleinfelder.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Inaba.
ACTING CHR. INABA: Go ahead.
MS. KIMBALL: Thank you very much. All right, with that, we had a fairly
robust discussion about this in Committee. But the department and members of
the department are here today to answer additional questions. So I'll just leave it
up to the body to ask away in terms of what this bill is doing and their positions
on it. Thank you.
ACTING CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: How'd you know I was going to put my
light on?
ACTING CHR. INABA: I saw you moving your hand.
MR. KANEALII-KLEINFELDER: Steve, could you come up? Thank you for
being here today with your department, Mr. Pause.
(Note: At this time, Public Works Director Stephen Pause and Plans
Examining Manager Daniel Lee came forward to address the members of
the Council.)
MR. KANEALII-KLEINFELDER: Thank you. Just looking over the notes
from the previous meeting, Bill 124, this is actually—when we enacted the
Building Code, there were a number of people who came to me and expressed
their concerns with what we were doing, and what this is going to do to the
industry. I listened to them and I worked on some amendments, but I just
couldn't get them quite through. So it was really nice to see this come forward.
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Hawaii County Council-31 February 7,2024
I'm looking to the note that says you guys are supportive of it. The Mayor's
supportive of it. Can you just break it down for me,just real high level? I know
we have the wind zone map. That was (inaudible). I had lengthy discussion with
folks on that on how it could be adjusted, was it necessary, was it necessary for
us, why, and all these really good questions from very smart people from across
the island. But can you kind of just high level it for me? And I did miss the last
meeting.
MR. PAUSE: Sure. Steve Pause, Director of Public Works, and with me is
Mr. Daniel Lee. He's our Plans Examining Manager. He's also our Structural
Engineer. He's a licensed engineer. I'm ready to do the high level stuff, and I
think there were some comments at our last meeting with perhaps a desire to dig a
little deeper. So Mr. Lee here will be able to answer all the really fine questions,
and I'll start with the high level.
So thank you for your comments. This amendment came to us through the
Administration, and it's an issue that's been brought to our attention by a number
of design professionals who expressed a concern over the added cost of having to
hire a structural engineer essentially to do work for wind zones that are greater
than 130 miles per hour. So we took a look at this, and the short of what happens
here is that this will allow the design professionals to use a prescriptive table.
That prescriptive table is presently used for wind speeds up to 130. It expands it
from 130 to the top end; it's now 140. And as it says, it's for ultimate wind
speeds all the way up to 140, and it's proposed to use that table. And I think it's
clear it's for single-story, slab-on-grade buildings and wind exposure
(category) B. And I think I shared maps with the Council last time.
But the short of it is that it does not affect life safety, which is what building
codes are for. Mr. Lee can attest to that, that application of these prescriptive
lookup tables in lieu of having to hire a structural engineer at an added cost to the
permit applicant, it allows us to still achieve that same level of intent that the
Building Code has for life safety. It's a good thing all the way around. It takes
work off of Mr. Lee's plate because it's a lot easier to review without having gone
through the details of the calculations. But, at the same time, they want assurance
and want the Council to know that in no way does it affect the overall intent of the
Building Code, that the life safety provisions are intact.
MR. KANEALI`I-KLEINFELDER: If I remember right from those discussions,
this is like a year, two years ago, looking at the difference between the map of 130
and 140 as far as the miles per hour, it's a pretty substantial difference.
MR. PAUSE: There is. And again, I shared maps last time. And it also applies
specifically to wind exposure category B. So, if you look at the overlap, again I
presented and I could share with you as well, but it'll show the overlap of those
category exposure areas along within that 130-140 range. So there's a number of
areas on-island that it will make a difference as far as design goes.
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Hawaii County Council-31 February 7,2024
MR. KANEALI`I-KLEINFELDER: Okay. Just remembering, too, is that wind
map based on wind speeds that could potentially happen? Is it like that 500-year
window or worst-case scenario? Is that what it's built around?
MR. PAUSE: And now you know why I brought Mr. Lee with me.
MR. KANEALI`I-KLEINFELDER: Okay. Good. I'm not looking for like an in-
depth thing. I mean, looks like the Council is very supportive of this. The
Mayor's supporting it. I support this. I love this because we're addressing cost of
building. We off-screen housing, then we enact codes that actually make things
more expensive, not to the help of getting more housing built.
MR. PAUSE: I think, Dan, you could probably do wind speed 101 for Council.
MR. KANEALI`I-KLEINFELDER: Just real quick. I'm just going from
memory. The wind speeds were based on like worst-case scenario. Is that right?
Or am I thinking about a different aspect of the Code when it came to Building
Code requirements, coastline, that kind of thing?
MR. LEE: I'm Daniel Lee. I'm the Plans Examining Manager/Structural
Engineer. Really, the main takeaway of this amendment is to allow more homes
to be exempt from needing an engineer design. As you know, in the medical
profession, we have a shortage of medical professionals. But let me tell you that
we have a shortage of structural engineers on this island. So this will really help.
It will really help because—let me just show you a picture of what we are dealing
with here. Again, as it currently stands, this map, the blue shaded area, anyone
who wants to build a home in the blue area is going to need a structural engineer
involved. But with this amendment, that blue area is reduced quite substantially.
The second thing I wanted to say is that what we're talking about in terms of this
amendment is perfectly allowed per the 2021 IRC (International Residential
Code). It's in the 2021 IRC. In the past, it hasn't been specifically articulated
and noted, but in the 2021 IRC, it is specifically noted in Section R301.2.1.1.
MR. PAUSE: And just to be clear, we are presently working off the 2018 IRC,
which was adopted into Code in July of 2021.
MR. LEE: So that's really the justification. We're not actually just pulling some
number out of a hat or something. I mean, it's something that already has been
established. It's already in the 2021 IRC.
MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you. Your infographic
sums it up. It's beautiful. And the areas that you've actually opened up not
needing structural engineering for are some of our more buildable areas where
people are already building. So you are in this move, not you, but this attempt—if
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Hawaii County Council-31 February 7,2024
it passes, great. This will actually allow faster and cheaper building in the areas
where we're already building without unnecessary governmental restrictions.
And we're not, again "not,"taking away from any public safety.
MR. LEE: Correct.
MR. KANEALI`I-KLEINFELDER: This is beautiful because—and thank you
for bringing this forward on behalf of whoever, the MayorI mean, from what I
know, there is a lot of people behind this.
I had one guy, Daniel Bona; he testified yesterday on something else.
Daniel Bona and I, he came after: "Hey, this got to happen. You guys got to do
this." And he kept showing me. And he went all the way into that same Code
you quoted, I can't even say the numbers again, in the IRC that said you can do
this. It's just the way you're looking at it. The wind map needs work. And it just
couldn't get anywhere. So to see it come to this point and get your support and
see the Administration supporting, that's beautiful. So I totally support this. This
is going to be huge for our community. Good job bringing it forward, Council
Member Kimball. Mahalo. I'll be supporting this today. Thank you for being
here and for showing us the map. That's about as simple as it needs to get for me.
Thank you. I yield.
ACTING CHR. INABA: Thank you. Any further discussion? Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just want to say I think this is probably one
of the more sensible items that the Administration has brought forward. The
maps, Mr. Lee, that you showcased were very eye-opening. And it just goes to
show that a significant portion of our Hawaii Island population will be positively
impacted if we adopt this bill. Right? We're moving that additional cost and just
additional step with the structural engineering that's really not necessary. There
are these tables that we can rely on. And, for me, one less thing for folks to do,
one less barrier, makes it that much easier for folks to realize building housing.
And so, fully supporting this.
And also want to mahalo nui our very persistent Puna constituent Daniel Bona,
who I'm sure Public Works and the Mayor has heard from since we adopted the
last Code. This is the right solution to kind of meet the needs that we are dealing
with with affordable housing. So, will be supporting this and thank you for
bringing it forward.
ACTING CHR. INABA: Council Member Lee Loy.
MS. LEE LOY: Thanks. Thanks, Steve. Thanks, Mr. Lee, for being here.
Thanks for bringing Mr. Lee. I had a lot of questions the last time around,
specifically around, and again to our constituent Daniel Bona who's also on a
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Hawaii County Council-31 February 7,2024
first-name basis with my office, I had a couple of questions that I asked the last
time around, which was on post and pier versus slab. Because, we constantly
have a conversation around the adoption of the Building Codes, and our
Construction Code is driving up the cost of housing. There is some truth to that,
but there's also some market things that are happening, shipping costs that are
happening, lumber prices that have not reset since prior to the pandemic.
And so I'm trying to drill down into areas that really aren't health and safety that
we could reach forward into the upcoming IRC, IBC (International Building
Code), IECC (International Energy Conservation Code), you name it; every
alphabet there is out there, there is a code around. Have we taken the opportunity
to look ahead so that we can start tailoring these things back into our Code so we
can continue to be at the forefront of good housing at an affordable price? Have
we done that work yet?
MR. LEE: That definitely is a work in progress. I definitely feel this heavy
burden on the part of homeowners. I've been working in private for over 20 years
and so I know. I'm very familiar with the other side of the counter. Specifically,
I think you had a question about post and pier
MS. LEE LOY: Versus slab, right, because we know we architect some of that
out when we adopted the 2018, right?
MR. LEE: Right. So, right now, post and pier, the way the IRC now, again,
with this amendment, it just relieves a lot of burden because now a substantial
amount of projects need not have to have an engineered design. So we're making
some great progress to addressing this issue of affordable housing, and lifting this
burden that many of the homeowners have.
That particular matter of a post and pier is slightly different, because that is
typically considered as a two-story building. And historically, raised-floor
construction, I think that's specifically what you're referring to, raised-floor
construction traditionally or historically has not performed that well when subject
to earthquakes. So it's going to take a little time to move in that direction. I need
to do some research to find out if it's a safe direction to go. So it's definitely on
the radar, and I'll be looking at that.
MS. LEE LOY: Yeah, that would be great. And around construction, I've heard
conversations about concrete, expensive, but to get it poured, you're looking at an
eight-to-ten-month window, right, before you can actually pour your slab. And
so, in addition to housing cost and construction cost, there's a time line that's out
there that as we try to provide housing for people,whether it's through their own
agency or we're approving affordable housing projects, there's just a demand for
these supply-chain issues.
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Hawaii County Council-31 February 7,2024
And I'm just trying to be smart and efficient that, as we tailor the Code, that we're
looking at market forces and, frankly, resources as a whole coming to our island
so that we can develop what our community needs. Absolutely. Can we
absolutely take this conversation offline so that maybe we can provide some
decision matrix and things that we talked about in another meeting, about how we
begin to continue to tailor our Code to make it work for Hawaii Island?
I have a legal question, Judge Strance. Understanding that the adoption of our
Construction Codes comes through our State Building Code Council, and we have
yet to have the State Building Code Council weigh in on the 2021 IRC, and our
County is reaching forward to go get this new floor, right, which hasn't been
clearly vetted by the State Building Code Council,what happens if these future
Codes take those wind loads back to 130 or 120 when we've already set our floor
at 140?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Elizabeth Strance, Corporation Counsel. I guess I don't have a
really clear answer for that. This body periodically reviews and updates its
Codes. And if one year the State committee, after having done a national vetting,
goes one way and then another year they go another way so a subsequent Code
goes a different direction, then that would be taken up at the Council at that time.
But this body can only work with the information that it has, and I think you
can—what if things do that and these bodies are professional bodies? They work
on the best information that they have, and they try to vet things the best they can,
looking at what are safety issues.
And there have been times whenI mean, I can think across the boards where
you think something is okay one day and then you learn something different, and
it's different the next day. So I take my glass of red wine and one day it's good
for you, and the next day it's not. I don't mean to make light of that, but you can
look at history and determine whether or not the Building Code changes go back
and forth. I don't think that it does. And you rely on the best information you
have, and this body and the way our Codes are set up is that we defer to the
national vetting process. That's kind of the best that I can do. Without having
something specific would be hard to conjecture.
MS. LEE LOY: Thanks, Judge Strance. And back to the offline conversation,
Mr. Lee, there is this casting of a wide net that the work that the Council does
makes housing out of reach for people. And we get saddled with that. We pass
Construction Codes, and we don't know what the costs are. And I just want to be
able to have a data-driven conversation as to what we are implementing into our
Construction Codes and what the costs are. I do see this one as a huge cost
savings. I have people already pinging me about other things that are within the
Energy Code-double-paned windows and insulation that they also want to see
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Hawaii County Council-31 February 7,2024
tailored out because those things are costing a lot of money also. But we can go
have that conversation offline. Ms. Kimball can advance another bill from the
Administration to take care of that. Thank you, gentlemen, for being here. I
really appreciate it.
MR. PAUSE: And if I may just follow up. You had asked a couple things. First
of all, on the last comment with Judge Strance, we seriously looked at that, the
question of what happens if the 2021 doesn't get adopted by the State Building
Council. And I think collectively, and I can speak for Daniel and Ms. Sonomura
and Mr. Wilson, the Building Chief and Deputy Building Chief, we've had
conversations about this and we really felt strongly, especially with Daniel's
knowledge, that we were not compromising safety. That was first and foremost,
right.
And then the second thing, and you brought this up, and I think others who are on
speed dial with Mr. Bona have brought it up, that we really felt the juice was
worth the squeeze on this one. Okay, I think, all in all, we're not compromising
safety and we're doing something that's very good, and I think your comment was
we lean forward on it. I think it's a good thing for the community.
And the other thing I wanted to address is, and I know you're very familiar with
this, the State Building Council. I would say as a body, at least the Building
Division and the department have really tried to step up and become more active
in participation. In years gone by, everybody was too busy, whatever. But we
recognize, especially with the enactment of the new Building Code at the County
level in July of'21, that there had been a lot of comments, a lot of suggestions, a
lot of feedback, all of it. And to be able to listen to the community and take those
things, and really represent County at the State Building Council, I think that
we've improved in that area. And I'm looking forward to good things continuing
to happen as we look for better ways to do things and continue to ensure safety,
which is what the Codes are for. So thank you for your support on all of that.
ACTING CHR. INABA: Thank you, Director. Opening it up, any further
questions or discussion?
MR. LEE: Can I just add something to our discussion?
ACTING CHR. INABA: Yes, quickly, go ahead.
MR. LEE: I'm looking at a chart that I had one of our staff produce. And,
according to this chart, the State Building Code Committee has supposedly, they
had a deadline. And basically as of the end of 2022, whether they made
amendments or not, they had to adopt it by the end of 2022. So the IRC, which is
what we're referring to, had to be adopted by 2022. So it has been adopted by
default, and of course, we know what it says in the IRC Chapter 3.
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Hawaii County Council-31 February 7,2024
ACTING CHR. INABA: Thank you, Mr. Lee. Yeah, this body's familiar with
"by default"when it comes to the Building Code. But thank you for that piece of
information as it pertains to the questions that were brought up. Any further
discussion? If not, I just had one question. I know the language is coming
straight from the IRC. It just seems to read a little strange, though, when it's
talking about the permittedsorry, I did change the page. All right, right after
the first insertion, it says, ". . . The structural provisions of this code for wind
loads are not permitted where wind design is required when,"I don't know how
to read that term, "determined from"this figure "is equal to or greater than
130 miles per hour . . . ." Does it not make more sense to just say that the
structural provisions of the Code are not required when ?
MR. LEE: Where is that taken from?
MR. PAUSE: Oh, I'm sorry.
ACTING CHR. INABA: This is right in the middle of the bill, between the two
insertions being introduced.
MR. PAUSE: This line right here. And remember, you and I had discussions
(inaudible).
MR. LEE: Right, right. Yeah, so basically, if this is satisfied, if you have a
building which is single-story, slab on grade, slab-on-grade foundations and a
wind exposure B, you're allowed to use a V ULT. This section still applies where
you don't need a structural engineer. You can actually use the prescriptive
provisions of 5B. That's still applicable providing that it is single-story, slab-on-
grade foundation, wind exposure category B.
ACTING CHR. INABA: Okay. The existing language, though, that the
Ic
. . . provisions of this code for wind loads are not permitted. . . ." Director, can
you understand what I'm asking here? It's just weird language and I can't
understand why there's all these extra words there. I understand you folks didn't
write it, but—
MR.
utMR. LEE: Yeah, I would have actually preferred that everything was pulled out,
and we don't touch this particular paragraph. But I assure you it is yes, it is
difficult to understand. That's the problem. You need to the problem is
understanding the verbiage and just the rhetoric. It's just a lot of times very
difficult and this is no exception, but it is covered. It is covered, yeah.
ACTING CHR. INABA: Okay. All right. I will just have a quick chat with you
folks afterwards. Then with that, there's a motion on the floor to approve Bill
MS. KIMBALL: Vice Chair, I just wanted to make one more quick comment.
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Hawaii County Council-31 February 7,2024
ACTING CHR. INABA: Oh, sorry. Council Member Kimball, go ahead.
MS. KIMBALL: So, of course, this is written in engineer's speak, so that
probably explains a little bit of it. But I just wanted to describe when the Building
Department is interacting with our clients, the customers, and they just put in an
address. It goes into a program and it spits back the outcome. So we're not like
looking at detailed maps or anything like that.
MR. LEE: Correct.
MS. KIMBALL: I also wanted to just make sure that there was realistic
expectations. The maps that were shown previously show the difference between
130 and 140. It doesn't narrow out the category B. And so it's not that whole
area, but it's a subsection of that area where there's the difference between 130
and 140.
MR. LEE: Well, I'll give you an example, a practical example. And this
information actually comes from Daniel Bona. These particular projects that I'm
going to read off are directly affected by this amendment. And basically any time
you have—okay, I'll read it off: Discovery Harbor, Volcano, Mark Twain
Estates, Leilani Estates, Seaview Estates, Mauka Kona, Captain Cook. Any of
these areas, if there is a subdivision, and basically where you have a development
or subdivision, it's going to be an exposure B. So, although it might look like it's
an exposure C when you look at some maps, actually it could be an exposure B.
And if it is in fact a development or a subdivision, it will be an exposure B.
Defining an exposure is not a hard science. I mean, it's quite subjective.
MS. KIMBALL: That happens in engineering?
MR. LEE: Yes. It actually happens. So, really, although the maps might seem to
say that it might be an exposure C, but actually when you go out to the sight or as
the licensed professional makes a call and he knows that there's going to be
actually a development or subdivision, it's an exposure B. So, in fact, more
realistically, the difference in these two maps would be directly affected. So it's
really a win-win situation, and I'm sure that when the community gets wind of
this, they're going to be very elated.
MS. KIMBALL: You're an engineer that accepts subjectivity and makes puns.
MR. LEE: Absolutely.
MR. PAUSE: He makes puns about getting wind of things. I caught that.
MS. KIMBALL: Yes, yes. Okay.
MR. PAUSE: Thank you, Mr. Lee.
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Hawaii County Council-31 February 7,2024
MS. KIMBALL: We're getting a little off topic, but I did want to make sure that
people were cognizant of that caveat, right, that it's not just moving up to 140 but
there's also this exposure category that is relevant. And then,just to acknowledge
Council Member Lee Loy's point, as far as I'm aware, this has not been done
before where we adopted something before the State did. But we have gone down
multiple legal pathways and think it's—we're doing something legal as well as
reiterated many times not affecting health and safety, which, at the end of the day,
is the purpose of the Building Code. So, with that, I just want to make those notes
and ask for everybody's support.
ACTING CHR. INABA: Thank you. I'd like to wrap this up. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Just putting this out to this group, maybe we
should call this the "Bona Bill," in honor of Daniel Bona for being so tenacious
and persistent with the Administration.
ACTING CHR. INABA: Noted. There is a motion on the floor to approve
Bill 124 at first reading. All those in favor?
Vote on Bill 124: The motion to pass Bill 124 on first reading and adopt
(Approved) Policy Committee on Planning, Land Use, and
Development Committee Report No. 7 was carried by the
following voice vote:
Ayes: Council Members Evans, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Acting Chair Inaba–8.
Noes: None.
Absent: Council Member Galimba– 1.
Excused: None.
Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to
Chair Kimball.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
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Hawaii County Council-31 February 7,2024
Bill 119: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Adds speed limits ranging between 25 through 45 miles-per-hour for Honoka`a-
Waipio Road.
Reference: Comm. 666
Intr. by: Ms. Lee Loy (B/R)
First Reading: January 24, 2024
Vote on Bill 119: Ms. Lee Loy moved to pass Bill 119 on second and final
(Adopted) reading. Seconded by Mr. Inaba and carried by the
following voice vote:
Ayes: Council Members Evans, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—7.
Noes: None.
Absent: Councils Members Galimba and Kagiwada—2.
Excused: None.
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
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 108: AMENDS CHAPTER 2, ARTICLE 49, SECTION 2-271; CHAPTER 37,
(Draft 3) 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 the requirement that the
policy and program development duties of the Office of Sustainability, Climate,
Equity, and Resilience be trauma informed.
Reference: Comm. 626.10
Intr. by: Ms. Lee Loy
Postponed: January 10, 2024
First Reading: January 24, 2024
Motion to Approve: Ms. Lee Loy moved to pass Bill 108, Draft 3, on second
and final reading. Seconded by Ms. Villegas.
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Hawaii County Council-31 February 7,2024
CHR. KIMBALL: Any discussion? Interim Administrator of OSCER (Office of
Sustainability, Climate, Equity, and Resilience), do you have any comments on
Bill 108? Since you're here and you made the trouble to come over.
(Note: At this time, Interim Sustainability Administrator Bethany
Morrison of the Office of Sustainability, Climate, Equity, and Resilience
came forward to address the members of the Council.)
MS. MORRISON: Aloha. Good afternoon. Bethany Morrison, Administrator
for the Office of Sustainability, Climate, Equity, and Resilience. I just wanted to
offer that, based on our presentation yesterday about timing, this is sort of a stand
up for this because we are working to really look at our community engagement
around sort of our bigger climate action plan and really start to engage with
community and take a look at how we do that equitably. And so my
understanding and myI had to have some training in this field to just about, you
know, meeting community where they're at and starting to sort of unpack some of
those nuances that really prohibit folks from being able to participate in some of
our government processes. So I am supportive. I just want to offer, too, that we
want to keep it as simple as possible, but we can include this framework in our
upcoming community engagement strategy.
CHR. KIMBALL: Great. Thank you, Administrator. Council Member Lee Loy.
MS. LEE LOY: Thank you for that, Administrator. Really, this was an
opportunity to open up resources that we know will be coming down from the
Federal Government. So, in an effort to do that community engagement piece, at
least this is a way to go get money and funding so that it can help with that
trauma-informed kind of hazard mitigation spaces that, as you're absolutely
correct in stating, takes a little bit to unpack for some communitieseverybody,
right—and meeting them where they're at. Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further
discussion? Thank you, Administrator, for being here. And, with that, all those
in favor please say "aye."
Vote on Bill 108 The motion to pass Bill 108, Draft 3, on second and final
Draft 3): reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball–7.
Noes: None.
Absent: Council Members Galimba and Kagiwada–2.
Excused: None.
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Hawaii County Council-31 February 7,2024
Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE
(Draft 3) 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, with the
exception of the Managing Director, shall not take office until confirmed by the
County Council.
Reference: Comm. 627.17
Intr. by: Mr. Inaba and Ms. Villegas
First Reading: January 10, 2024
Second Reading: January 24, 2024
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawai`i County
Charter
(Note: Comm. 627.18, from Council Member Holeka Goro Inaba and Council
Member Rebecca Villegas dated February 7, 2024, transmitting proposed
amendments to Bill 109, Draft 3, was circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 109, Draft 3, on third and
final reading. Seconded by Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: I just want to walk us back to some of the Committee discussions
that we had on this item with Corporation Counsel and Director of HR(Human
Resources), Ms. Tokihiro. The main parts of this bill, first of all, removed the
deputies, the assistants, and private secretaries from this section of the Charter,
being that their appointments and removals lived in Section 4-5 of the Charter and
they are either appointed or removed by the administrative head of that
department.
Currently, the language that exists in this section of the Charter is unclear whether
directors, deputies, assistants, and private secretaries are in fact able to holdover
indefinitely if an appointing power doesn't appoint a successor, or if these
appointments are terminated upon the departure of a director. So, if a director
leaves, we weren't able to clearly make sense with HR and with Corporation
Counsel if the deputies and assistants also have to leave. We don't want deputies
and assistants to leave. We want continuity of the department.
Secondly, right now there is no provision in the Charter that does require a time
frame in which the mayor comes at the beginning of a term or when a vacancy
occurs to provide us with a successor/appointee for us to take action on. We are
putting that in now, saying that at the beginning of the term the mayor has 30 days
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Hawaii County Council-31 February 7,2024
to provide us with a name. And we, through our discussions, boiled down the
time frame so that the Council does need to act within 45 days instead of 60 days,
and I think that's reasonable to really get the administration going.
In addition, similar to the first point I made, it's not necessarily clear whether a
holdover can hold over indefinitely. If there's a current director and a new mayor
or a second-term mayor wants to keep them on, depending on how you read the
Charter they don't have to submit a name for confirmation. So we want to ensure
that every Council, at the beginning of a mayoral term, does get a say on
confirming or denying a confirmation of all of the administrative heads of the
County.
And, lastly, that this confirmation process is the process by which an
administrative head would actually take office and start working. We don't want
directors to be making decisions in the first 60 days, have access to employment
information and things like that when the Council has not granted their
confirmation. So it really helps to clarify parts of the section that maybe we
haven't been following to the tee, or that are unclear.
We also did carve out in our last hearing the opportunity or the provision where
the managing director doesn't have to wait for confirmation, that they start upon
appointment, which I want to mahalo Managing Director Sako for bringing it
forward because we do need that continuity in case something does happen to the
mayor in the first 45 days prior to confirmation of the Cabinet.
So I think we've kind of thought about all the worst-case scenarios. We have
gone back, made the time frame quicker for Council action. Made sure that a
second-in-command and, as a result, a third-in-command are able to take their
jobs immediately upon the start of the administration. So I do ask for my
colleagues' support in getting this to the voters for them to ultimately decide. Not
sure if Council Member Villegas has anything to add, but I told her I'd kind of
spearhead just the recap of where our discussions have been. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas.
MS. VILLEGAS: Just quickly, I want to thank Council Member Inaba for being
such an effective spearhead and navigating the terminology in order to ensure that
the intentionality of this bill and the clearing up of some of the gray areas that
indicate that we haven't been operating with best practices get cleared up, and that
we can move forward eliminating any future councils having to navigate some of
the things we've had to.
And I think that's one of the purposes for sitting here, is that we continue to
improve on policies in order that those that come after us, Lord knows that they're
going to have plenty of other challenges, but that we remedy those that we're
capable of doing. And I believe that this piece of legislation allows for us to do
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Hawaii County Council-31 February 7,2024
that. So I ask for, at third and final reading, support from my colleagues and us
being allowed, given the opportunity to take this to the voters to decide through a
Charter amendment on the ballot. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Council
Member Evans.
MS. EVANS: Just to recap,just the latest version that we want to take to the
public, who's weighed in on this other than Corporation Counsel and
Deanna Sako? Have you heard—I was just kind of curious whose eyes were on
this other than us.
CHR. KIMBALL: You may respond.
MR. INABA: Thank you. I can only assume department heads in the current
Administration have seen it, and Managing Director may have had conversation.
But I, myself, along with Council Member Villegas have had discussions with the
Managing Director, with Corporation Counsel, with the Director, well at the time
Interim Director and now Director of the Department of Human Resources.
MS. EVANS: Okay, all right. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: To the makers then, because I'm not sure
who to ask this question of: new mayor, new administration walks in the door
and appoints their heads. The Council ultimately confirms the appointment. My
question is, kind of in the meantime, director, no director, requirement for
directors to be present, you know, what happens? Where do we leave our
County? That's the big question. Where do we leave our County in the meantime
while we're in the appointment confirmation phase?
MR. INABA: If I can respond, Chair?
CHR. KIMBALL: You may respond.
MR. INABA: The worst-case scenario, like we said, is at the end of the term the
director, the deputy, and the private secretary all choose to leave with the
outgoing mayor. In that case, we do have a managing director. We'd likely have
a deputy managing director. We have executive assistants in the mayor's office.
But the kuleana of running certain functions of the department would go to, at the
mayor's choice, a division chief or someone who already has that managerial
capacity and oversight of employees in the department to make any decisions.
But, ultimately, it's the mayor's decision, in consultation with managing director,
to make decisions for the County in administrative matters.
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Hawaii County Council-31 February 7,2024
MR. KANEALI`I-KLEINFELDER: Okay. Ms. Sako?
(Note: At this time, Managing Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good afternoon.
MR. KANEALI`I-KLEINFELDER: Thank you. It looks like there was a move
to ensure that the managing director was taken care of as far as being exempt,
which I like, because then you have flow, continuity of leadership in whatever
situation does arise. Good. You've been here the reason I'm asking you,
you've been here for a long time. You've seen administrations come and go, back
and forth. In your experience in that crossover time when you have a new
administration coming in, do the directors—I've only seen this once I think—do
the directors just leave at the end of the mayor's term? Do they just walk out the
door: "Bye, I'm out of here"? Do they stay on? What's the classic example?
MS. SAKO: Historically, I believe most of them have left because they're
coterminous with the mayor. So, when the mayor leaves, they leave.
MR. KANEALI`I-KLEINFELDER: Okay. And then deputies, I've seen deputies
stay on. I know that.
MS. SAKO: Some do. It depends, too, who has return rights. So, if someone has
return rights to a civil service position, they may go back to that job. But
typically directors, deputies would all leave unless they have already been asked
to serve by the new mayor, which every administration is different. I don't know
that we've had a lot of continuity over the years. Finance director, yes, served
under different mayors, but I don't think that's typical for
MR. KANEALI`I-KLEINFELDER: Who was it?
MS. SAKO: I don't know. Who was that? I don't know that that's typical for all
department heads.
MR. KANEALI`I-KLEINFELDER: Okay. I'm thinking back, I rememberI
know the directors pick their deputies, which is good; you need your right-hand
person. But I'm just kind of walking through what would happen, come this year,
four years from now, whatever, when we come to this situation, the last thing I
want to see is nobody in charge of the department. But I also know this last term,
that was messy. So I understand where this is coming from.
Okay, so in your experience, not your personal opinion but just your experiential
opinion, during the transitionship between administrations, this could be
problematic?
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Hawaii County Council-31 February 7,2024
MS. SAKO: It could be problematic. Each department is different as well. So
some departments have large divisions and division heads, and kind of higher-
level employees that could kind of step in, the way I believe Council
Member Inaba was explaining. And then some departments are smaller and
probably would look to the managing director for more guidance than others.
But, really, it would be like 75 days if the mayor took the 30 days to appoint and
then Council took the full 45 days to approve. It would be 75 days in before,
really, the new department heads were able to start working with the mayor. So
whatever campaign promises or different goals that they wanted to accomplish,
they really wouldn't be able to start working until 75 days in.
I would like to say department heads would stay, but I'm not sure it's going to
happen. Because sometimes, depending on what the campaign was like, if you
just beat out the incumbent, I'm not sure what kind of political environment we
might be in and who would stay and who would leave.
MR. KANEALI`I-KLEINFELDER: Yeah, we don't know.
MS. SAKO: Yeah, no, we don't know ever, yeah.
MR. KANEALI`I-KLEINFELDER: That's interesting. Thank you. I appreciate
that. Okay, I have a question for Ms. Strance.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MR. KANEALI`I-KLEINFELDER: Thank you, ma'am. So, "coterminous with
the mayor," does that mean mayor goes and they leave, too,period?
MS. STRANCE: It's their appointment. So, without some other action, that's
correct.
MR. KANEALI`I-KLEINFELDER: So we hope people would stay on in the
civil service position to be good for the County, but they don't have to, period, for
these department heads.
MS. STRANCE: The "coterminous" is your job ends. So there would have to be
something that would allow somebody to stay if you're an appointed official, or if
the Charter would allow it. So this amendment is allowing people to stay on.
There are practical considerations because most of the department heads are
professionals, and most of them need to find work after the end of a term. And so
you're asking them to make choices to stay on versus to seek or obtain other
work. So, during that period after the election, if a person hasn't been told they're
going to be staying on, they're probably going to be looking for work. For those
who can retire yeah, and to get your retirement. So the way that—the mayor
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Hawaii County Council-31 February 7,2024
and council takes office the first week of December, but if a director is entitled to
retire, most of them would want to retire at the end of November because they
may not be able to holdover to the end of December. And there's kind of that
practical consideration.
MR. KANEALI`I-KLEINFELDER: Given the language we can't require
someone to stay on until someone's been appointed so that we (inaudible).
MS. STRANCE: Well, we're all at-will. It's not indentured. So, I mean it—no,
you can't force people to stay on.
MR. KANEALI`I-KLEINFELDER: That's too bad. What I see is continuity and
creating seamless process in government just by the way we're created and the
laws that govern us. We require two years for council, four years for mayor.
That rollover happens but there's no catch-up phase in between. It's just new
department head, new council member. And, classically, what you see is a loss of
information and then a slowdown or complete transition or new department head
or whatever. But the result, for me, is it's not always seamless for the people, and
so that kind of is my issue.
And I talked briefly with different people on how to fit in some kind of way of
requiring that continuity between department heads, our staff, and finding a way
to do that. I kind of was given the impression that's not a possibility. And from
what you said, it sounds like that's true.
MS. STRANCE: I think with a change of administration, the way that
government is set up is you have a wholesale change of most of the department
heads. And the decision to be made is to bring everybody in on the same day,
knowing that some people may not be confirmed, or do you roll in all of your
department heads over time? Because, in addition to department heads learning
their new jobs, they're part of the Cabinet, and so there's that rolling process.
And so (inaudible)the decision that's being made is to have that rolling process to
ensure Council approval before anybody starts Day 1. Or you have everybody
start Day 1 and then some people don't stay because they're not confirmed. But I
don't think you can ensure a seamless transition because, by its very nature, it's
subject to a Iot of change.
MR. KANEALI`I-KLEINFELDER: I don't like that but that's the way we're
designed. I wish it was better because I think that'll actually lead to better
governance by the government for the people. I really do. It's like if I took any
company and replaced the owner every four years with a new owner and then they
got to the point of all new management, I guarantee that business would have a
hard time because it's difficult. It's difficult to run like that. But again, that's the
way we are. It's neither here nor there, but I'm just for example. It's a good
thing to think about as we look at this. Okay, thank you, Ms. Strance. Okay,
Chair, I yield.
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Hawaii County Council-31 February 7,2024
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. It's a tough one. Been through a
couple of confirmations. This last one was very complex, and I think what my
colleagues are trying to do is just find a more seamless way to transition
leadership. One of the things that Council Member Lee Loy brought up that
really stuck with me during the last Council meeting on this was the potential for
sabotage during the transition process. I know I shouldn't think that way, but I
also think about human nature coming into play.
And so, when a mayor is elected, he or she is elected by the body, the Hawaii
County residents, voters. When we elect this person, by extension we are giving
them the ability to assemble a team to carry out his or her vision. And I think the
check within that process is when council members have the ability to question
them during the confirmation process. Do I think there's room for improvement?
Absolutely. But I worry about this particular change being so significant and
potentially to the detriment of our County being able to deliver services to
community. I think this is too much. It's like a seismic shift, potentially, what we
are proposing here through this bill. I'm not going to be able to support it today.
Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. So I'm trying to really get my head
around how this would actually work. Do we know how many potential
appointees the mayor has, what that number is? Do we know that? Yeah, like
how many actual appointees?
MS. LEE LOY: With the deputies? Like, directors
MS. KAGIWADA: No,just the directors I think,yeah.
MR. INABA: I believe it was less than 15.
MS. KAGIWADA: Less than 15?
MR. INABA: About a dozen, I want to say. I can double-check the numbers.
MS. KAGIWADA: Okay. So can you—I know we talked about this a long time,
like when you first saw this, but why the 45 days? Can you walk me through just
why the 45 days, because I'd love to see that number shrink if at all possible. But
tell me why.
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Hawaii County Council-31 February 7,2024
MR. INABA: The current Charter reads 60 days for Council action. But being
that this was going to be a significant change, we, at the last reading, amended 60
to 45 days. And that gives us the opportunity to have both a Committee and
Council hearing on an appointment. So, if we made it any less, it wouldn't
guarantee that both hearings could happen.
MS. KAGIWADA: I see. So, mayor comes in Day 1. She's got her act totally
together. She comes in; she has 15 appointees. Those are just like
communications, right?
MR. INABA: Yes.
MS. KAGIWADA: So 15 communications goes to our Council people, and then
first opportunity to hear them would not be until early January. Is that correct?
Or could we get them in by the first, by December?
MR. INABA: Yes, I did share this at the reading where we changed it to 45 days.
This would require us to have a Committee meeting in late December in order to
take up the Council hearing in early January. So it would be realistically if the
mayor, like you said, submits those letters on the first day in office, it would be, at
latest, the second week of January where we would have to take final action.
MS. KAGIWADA: Okay. And then, during that time, that's the unknown
because we don't know who leaves and who stays. Is that correct?
MR. INABA: So, right now, I mean, and that's kind of the debate with what the
language of the current Charter is saying. It does say, "coterminous,"but then
there's provisions that allow for a holdover until a successor is appointed. There
was never a solid opinion as to what that means. So, in the case of a departure of
a department head, the department heads are the appointing authorities for
deputies and for assistants. If a department head leaves, it's all the same. Does
everybody else get to stay or do they go because the director went? Coterminous.
And that's what this is trying to clear.
MS. KAGIWADA: So what does this say? What happens in that case?
MR. INABA: Deputies and assistants get to stay.
MS. KAGIWADA: Okay. So they stay
MR. INABA: And department heads get—well, this removes it because that
provision lives in a different section for deputies and assistants. The directors get
to stay on according to this Bill 109, Draft 3. If the new mayor wants to terminate
their employment, that power resides with the mayor and they can get rid of them.
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Hawaii County Council-31 February 7,2024
MS. KAGIWADA: But only on Day 1. After they're elected, when they know
that there's going to be a new mayor, a new administration coming in, there's that
time period between election and when the mayor can ask them to leave where
they're still there and they're still in charge of their department.
MR. INABA: I think I understand the question, but, yes, the mayor has the power
to appoint or remove department heads. So, until you're the mayor, you couldn't
call for the removal of a department head. And by the Charter right now, it's
saying the action of appointing a successor at the end of—if a term ends and a
new mayor comes and appoints a successor, that new appointee takes office at
that point.
If this passes, you could choose to keep the sitting director or you could wait or
you could get rid of them. So you keep them on or they leave or you get rid of
them. That's kind of the options that this bill provides for.
MS. KAGIWADA: So, currently, after a new administration is elected, we
already have the issue, though, that those directors stay in place until at least the
first day?
MR. INABA: If you go with the language "coterminous at 11:59 a.m.,"the old
folks are out and the new folks are in upon, I believe, the Clerk's office receiving
the nomination letter.
MS. KAGIWADA: That's the current system.
MR. INABA: Yes.
MS. KAGIWADA: So, right now, we just are without anybody for that time
period.
MR. INABA: There's never a point right now whereI guess this is where the
language is tricky with the current language. Because, if an administration terms
out, let's say, and a new administration comes in, the language "until the new
administration submits an appointment,"the Charter currently allows for the old
folks to holdover.
MS. KAGIWADA: I see. Okay.
MR. INABA: It also says coterminous, and that's what this is trying to clear up.
Because, is it coterminous or is it for sure when the new mayor submits a new
appointment for the position?
MS. KAGIWADA: Got it. Okay. So I understand the current system. I
understand what you're trying to do. It is a little tricky. There's still a lot of, I
think, unknowns about what this will be like. I wish we could shorten that
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Hawaii County Council-31 February 7,2024
amount of time because I do think that once the mayor has the person, we should
confirm or not confirm as soon as possible. But it sounds like in order to have
unless we could do a special meeting, I think that was maybe discussed before
too?
CHR. KIMBALL: I just want to restrict us to not having a dialogue up on the
dais here. So, if you can kind of keep it to your position on the matter, that'd be
great.
MS. KAGIWADA: Okay. Well, my position is I understand the intent, and I'm
supportive of the intent. I'm just not sure how it actually plays out, how it rolls
out, and to me, there's still some questions there. So I guess to the author and
then I'll be done, is there any way to shorten that 45 days?
CHR. KIMBALL: You may respond quickly.
MR. INABA: We could shorten it but then we would be restricting it to less than
two hearings, which I don't think we would want to do in the Charter. And the
45-day period is also in line with nominations to boards and commissions. We
have 45 days to act on nominations to boards and commissions. So we would be
in line there.
CHR. KIMBALL: Thank you. Council Member Villegas and then Council
Member Evans.
MS. VILLEGAS: Sure. I just want to clarify, if possible, and bring us back to
the intentionality that's operating alongside of what Mr. Inaba has explained, is
also that what currently happens is at 11:59, 12 a.m. [sic], the day of the-is it the
day of the inauguration?but essentially when the mayor gets confirmed, all of
the people that he has designated to be the directors of his departments begin their
jobs. But the way that things are written is they're not supposed to start their jobs
until they're confirmed by Council.
Point of Order: MR. INABA: Chair,point of order, sorry. That's what we would like to have
happen. Right now, the Charter does read they start upon appointment.
(Inaudible.)
MS. VILLEGAS: Yes, they start upon appointment, but it also is supposed to
have-so why is the Council being looked to to confirm them? Maybe I've
confused myself in the length of the swirls on this. Because, for me, in my
experience sitting here under the last administration, what happened is we were
told when we had frustrations and concerns about a couple of the appointees, that
it was essentially too late for us to not confirm the person because they already
started in the job. And so, for me, if we have something that says it's up to us to
confirm them but it's not if they've already started, then that's false, and that
doesn't make sense.
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Hawaii County Council-31 February 7,2024
And so, in trying to navigate a way to rectify that circumstance, Mr. Inaba and I
have been trying to find a way through all the different terminologies.
Essentially, my intention is to solve that because it seems counterintuitive to be
told somebody has to be confirmed by this body, if in fact we're kind of being
told, "Well, they already started, so you can't stop them." That doesn't sit right
with me in that I have a lot of constituents very upset about those claims, and so it
was recommended that this was something that happens in other municipalities in
how they navigate current directors staying and holding over in the interim.
We've had conversations with Managing Director and spoken about, quite
honestly, about how many of the departments and divisions already, they run
themselves day to day. And so every effort has been made to shorten this time
distance for that confirmation. But, for me,personally, I feel like there's integrity
behind if we're actually going to be told and the public believes that directors
need to be confirmed by the Council, then that needs to happen before they start
their job.
CHR. KIMBALL: Thank you, Council Member Villegas. Council
Member Evans.
MS. EVANS: A couple thoughts. One is if you're taking this Charter
amendment out to the public to vote on it and we can't figure it out, I'm not sure
how the public's going to figure it out. So I'm a little confused. I'm kind of a
little worried by that. But, having said that, I love the intent. I love what you're
trying to do. I think the fact that what we're saying is we think the Council
should confirm any, I guess you would call them Cabinet heads, any appointee
that is in our Charter says is going to be appointed by a mayor, we want to
confirm them. I think we want that clarity.
I think the unclearness for me is if you have someone that is elected and they're in
for four years and they get reelected, the same mayor, and he wants to keep on the
same people that he had, the question to the maker is, even though he may want to
keep the same person, if we make the change does it still mean that we have to
confirm their appointment? So, basically, every four years, the Council has the
right to affirm the appointment. That's what we're wanting.
MR. INABA: Yes.
MS. EVANS: Okay. So this idea of coterminous I think is throwing in a lot of
confusion. When you say that, it sounds like they get to continue. And so maybe,
I don't know. There's just some terminologies there that I think would be hard to
explain when we're out trying to get people to support this idea. So just some
thoughts. I understand the intent. I like the intent. But I'm thinking this one's
going to be a hard one to really explain. So I'm wondering if there needs to be a
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Hawaii County Council-31 February 7,2024
little more clarity, a little more language, maybe how it's constructed, you know,
the ABCD. Maybe there's a way to have more clarity; I don't know. Just a
suggestion. Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? I'd like to
take the opportunity to weigh in. To the makers, appreciate your intent and the
problem that you're trying to solve, and the reflections on the last go around. I've
really tried to wrap my head around this in a way that I'm comfortable with, and I
can't get myself there.
The reason being is that I think we have to appreciate separation of powers and
the will of the voters for the administration and the mayor. When they go out and
they elect a person as mayor, they're saying, "We want you to take this County in
this direction that you're campaigning on." And if we hamstring them by not
bringing in the people that they want to steer the ship in that direction right from
the get-go, they're going to be just one step behind.
I appreciate the concerns about what Council Member Villegas brought up of like,
well, what's the point of even having the Council confirmation. I think that that's
the typical check and balance between the administrative branch, Executive
Branch, and the Legislative Branch where if we look at somebody and say that's
not the right person for the job after we interview them, basically we conduct the
interviews here in this chambers, then I think that's still an important check and
balance that I don't think goes away in the current format where people come in
with the mayor.
The concerns about having access to private information, whether it be personal
records or the records of the Council, that's where the law comes in. And if they
were to use that information inappropriately, that would be a legal issue.
Similarly, I think we were presented with this argument that, oh, if they've been
appointed and they've been on the position, the Ethics Code would prevent them
from being able to work in that field again. We had a conversation quickly with
Judge Strance about that because I'm like "Shouldn't we look at maybe the Ethics
Code and fix that?" And you said, what was actually reflected to me, and you can
confirm this, Judge Strance, is that that individual would have had the opportunity
to go before the Ethics Board and ask for an exemption and say, "I've only been
working 30 days. I should be able to work again sooner." So I think there are
concerns that maybe we didn't do our homework or it was misrepresented to us to
a certain extent.
What I'd like to suggest is I think there are other things here that would solve the
issues rather than this tactic. Like I said, I'm not comfortable with this right now.
I'm willing to put a pin in it here while we explore some other options. I've
always personally thought that the public works director and the director of
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Hawaii County Council-31 February 7,2024
environmental management should not be political positions because these are
projects that they oversee that lasts 10, 20 years. So maybe they are not appointed
positions. That's something to consider.
I'm going to get Management Director Sako's cackles up here at any moment, but
I've always had an interest in exploring the idea of a managing director that is
hired and is not an appointee for that consistency between administrations, with a
certain set of skills. These are some of the things that I'd like to explore, kind of
in line with what you were saying, Council Member Kaneali`i-Kleinfelder, to
provide that consistency around administrations.
I think there are other areas where, in order to enact what the voters voted for
when they voted for a mayor, you want that political position person to be
appointed to those positions. So, happy to hold this here as we maybe explore
some other options. There is still time. But I'm sorry; I tried to get there but I
just couldn't with this. So thank you. You want to take it over, Vice Chair Inaba?
MR. INABA: Yes, thank you. Hearing, I think, ultimately the hesitation of this
body to take that step that essentially gives more authority to the Council to make
decisions rather than have folks start and make a decision afterwards, I have an
amendment.
Motion to Amend: Mr. Inaba moved to amend Bill 109, Draft 3, with the
contents of Comm. 627.18. Seconded by Ms. Kagiwada.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you. So, as I pointed out earlier, there are multiple parts to
this bill. It seems a part, like I said, everyone is having a hard time with is
whether we prevent a mayor from allowing the Cabinet to take office on that first
day upon submission of the appointment to the Clerk's office. We still have other
issues with the current Charter, though, that the department, deputies, and
assistants, there's language regarding their term of employment living here and
also living in another Section 4-5.
So the amendment before us today, first of all, does allow department heads to
take office upon appointment, which is the current practice. That's Subsection C
here. In addition, it makes it very clear that department heads can holdover if a
successor hasn't been appointed and that we don't have that kind of loss if a
mayor does want to keep somebody on. But I guess the main difference here is
that in (Subsection) B, we are going to require that the beginning of every
mayoral term sees a confirmation process happen before Council. That is not the
case right now. If we have a two-term mayor, nothing in the Charter says that
they have to come before the Council.
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Hawaii County Council-31 February 7,2024
I strongly feel that—in the last term, Council Member Chung had brought
something that was at the beginning of every Council term. We'd have discussion
there. But I think the beginning of every mayoral term should provide the
Council of that time an opportunity to weigh in on a confirmation or rejection of
department heads. And every department head should be subject to confirmation.
So this is what this amendment does. It basically walks back the "doesn't start till
confirmed"to "gets to start upon appointment by the mayor." So I just want to
hear from this body. But some version of this bill I think does need to go out to
the public. If not, we're in a weird place when it comes to the departure of the
appointing authority, whether that be the mayor or the department head. Thank
you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone on the amendment?
MS. EVANS: Thank you for the amendment. I like it. I support.
CHR. KIMBALL: Thank you, Council Member Evans.
MR. HENRICKS: May I ask for a recess to confer with our Corporation Counsel,
please?
CHR. KIMBALL: Of course.
MR. HENRICKS: Thank you.
CHR. KIMBALL: We'll take a recess till 3:10; give everybody a little time to
walk around.
Recess: At 3:03 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:12 p.m.
CHR. KIMBALL: I'd like to ask either the Clerk or Corporation Counsel to just
briefly weigh in on a request to postpone, and then that motion will be made by
the makers. I don't know if—Vice Chair Inaba, would you like to actually make
the motion? It's probably more proper to make the motion and then have the
discussion.
Motion to Postpone: Mr. Inaba moved to postpone Bill 109, Draft 3, to
February 21, 2024. Seconded by Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: If either Corporation Counsel or the Clerk could please just shed a
little light on the request to postpone. Happy to do so but I just want to
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Hawaii County Council-31 February 7,2024
MR. HENRICKS: Yeah, very briefly,just wanted to talk about just making sure
everything's clear. My personal concern was, if this were to pass today, I
wouldn't quite be clear on how to draft the ballot question, and there wouldn't be
any opportunities to talk to the Council as a body on that matter. So I just wanted
to confer with Corporation Counsel, and then of course Deanna because of her
experience and going through different terms, how this language would be read
moving forward several different elections from now, when certain people aren't
around anymore that have this discussion in their heads, yeah.
MR. INABA: Thank you, Clerk. Is that explanation good enough? Thank you.
Alrighty, with that, I ask for everyone's support in the postponement to
February 21st
CHR. KIMBALL: All right, any further discussion on the postponement? Seeing
none, all those in favor please say "aye."
Vote on Motion to The motion to postpone Bill 109, Draft 3, to February 21,
Postpone: 2024, was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Bill 126: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO ESTABLISHING A REGISTRY OF REAL PROPERTY OWNER
INFORMATION
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 impacts to
the property.
Reference: Comm. 690
Intr. by: Ms. Kierkiewicz
First Reading: January 24, 2024
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 126 on second and
final reading. Seconded by Ms. Lee Loy.
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Hawaii County Council-31 February 7,2024
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We've had robust discussion on this
particular measure in Committee and at Council. I just want to thank my
colleagues for their continued support. It would establish a registry of contact
information so that County agencies can get in touch with property owners or
their designee if it is a non-Hawaii Island property owner, to be in
communication about potential, impending, and current impacts to their property.
There is a sense of responsibility and accountability that every single property
owner must have. And there have been a number of instances where we, as a
County, have not been able to be in touch with property owners. And with more
than 40 percent of our Hawaii Island properties not being owned by folks that
live on this island, setting up this registry is absolutely critical. I look for
everyone's continued support. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council
Member Evans.
MS. EVANS: Thank you. I'm going to be voting "no"today for two, well
maybe three, reasons. But one is, I think, personally, it should be an opt in. I
don't like the idea of the penalty for people not giving their contact information.
I'd really like to see us have a robust neighborhood watch program. I know we
don't have that, but hopefully, neighbors and people in the community know each
other. But I also think it implies to the public that if there is something that's
going to happen, they will get a call from the County, and that's not guaranteed
with our staffing, with our ability to respond to emergencies. We're already
challenged by communicating with incident command and communicating with
each other during emergencies. I just don't want to give a false sense of security
to people that the fact that they give their phone number, in fact they will get a
call. So I don't—that's why I prefer the opt in. And for that reason, I'll be voting
"no." Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Kagiwada.
MS. KAGIWADA: Thank you. I'll be supporting this. I really like the changes
you've made, and I do think it's important. I have gotten several calls from
people in my district saying, "What's going on with this property next to me?"
We don't know and we've dug around trying to find somebody who owns the
property. And it's been very tedious to try to help neighbors just get in touch with
somebody to say, "This is going on with your property,"to be able to let people
know.
I also think the testimony we had from the leader of our BIISC (Big Island
Invasive Species Committee) was really important, that we have invasive species
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Hawaii County Council-31 February 7,2024
that if we can't get ahold of owners in the time frame, in that window, when we
could control that invasive species on our island, and if we miss that window. To
me, that's really critical that we be able to do that and not miss that window to
actually control that species if possible. So, for those reasons and for the changes
you've made, I'll definitely be supporting. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member Kierkiewicz.
MS. KIERKIEWICZ: Just wanted to take a moment to respond to Council
Member Evans. You talk about opting in. If every single one of the 40 percent of
the non-Hawaii Island property owners do not share their information, we're in
the same position we are in now. We need to be able to communicate with
property owners.
Neighborhood Watch groups were one of the stakeholders that we had as part of
this discussion. They said, "We spent countless hours researching online, calling
different entities trying to track down somebody that has decision-making
authority over a property. It's very difficult to track that information down."
Neighborhood Watch is a partner and they've supported this. We've also heard
from Fire Chief, Police Chief, Prosecuting Attorney. They're spinning their
wheels trying to contact property owners. This would help them do their work.
And finally, you mentioned we are putting ourselves, our County in a situation
where we may not be able to communicate every single time that there is an
emergency. We're not making promises here. I want to manage expectations.
But I think this provides us one more tool to increase communication to members
of the public. When you look at the after-action review that came out after the
Maui wildfires, the common theme was better communication. This would allow
for the County to be in a position to more effectively and quickly communicate to
the members of the public. I hope you change your mind, but if not, I won't hold
it against you. Thank you, Chair.
CHR. KIMBALL: Thank you. Quickly, a response, Council Member Evans. I'd
like to move to
MS. EVANS: Yeah, thank you. Obviously, we have different opinions, but you
know the truth will be in the pudding if it passes. And then this next year, all
those things that had been pointed out that are problem areas, we'll see how it gets
rolled out. Maybe if it passes, it would lend itself to have monthly reports, how
it's being used. Thank you, I yield.
CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Just a quick check in with
Mr. Jo because you're here.
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Hawaii County Council-31 February 7,2024
(Note: At this time, Assistant Real Property Tax Administrator Keita Jo,
Finance Department, came forward to address the members of the
Council.)
MR. KANEALI`I-KLEINFELDER: There's aspects of the bill I like and aspects
of the bill I just want to check in with you folks on. Phone numbers, emails, that
kind of information, not going to be posted on our real property tax information,
correct?
MR. JO: Keita Jo, Assistant Real Property Tax Administrator. Absolutely not.
We identify these pieces of information. We already utilize them in our office to
a certain degree. It's considered personal information that we're not sharing with
the public.
MR. KANEALI`I-KLEINFELDER: Okay, thank you very much. And then,just
in response to something I just heard, in Maui, what they saw was massive
cellphone disruption. So I'm just saying this: Just because we have a phone
number doesn't mean we can get in touch with anybody. That's the truth. You
can't get around that. If cellphone towers are down, power grids are down,
nothing works. So that is important to note. We may have the numbers during an
emergency; this may not equal getting ahold of anybody. So I think it's important
for us to know. Thank you for letting me know that it won't be posted. I think
that's good. Sometimes,people will have your number and sometimes they don't.
Thank you, Mr. Jo.
CHR. KIMBALL: All right, thank you. With that, Mr. Clerk, can I request a roll
call on this one,please.
Vote on Bill 126: The motion to pass Bill 126 on second and final reading
(Adopted) was carried by the following roll call vote:
Ayes: Council Members Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—7.
Noes: Council Member Evans — 1.
Absent: Council Member Galimba— 1.
Excused: None.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawaii County Council-31 February 7,2024
Bill 113: 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 —United States Department of Agriculture
Broadband Technical Assistance Grant account($69,680); and appropriates the
same to the United States Department of Agriculture Broadband Technical
Assistance Grant account. Funds would be used to evaluate infrastructure needs
and associated costs to inform next steps for infrastructure development.
Reference: Comm. 660
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
Vote on Bill 113: Mr. Kaneali`i-Kleinfelder moved to pass Bill 113 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 114: 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 —Opioid Settlement Funds account
($478,400); and appropriates the same to the Opioid Settlement Funds account.
Funds would be used to support the ongoing operations of the Hawaii Island
Fentanyl Task Force.
Reference: Comm. 661
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
Vote on Bill 114: Mr. Kaneali`i-Kleinfelder moved to pass Bill 114 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
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Hawaii County Council-31 February 7,2024
Bill 115: 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 —Housing Choice Voucher Program account
($5 million); and appropriates the same to the Choice Voucher Rental Subsidies
account, for a total appropriation of$28 million. Funds would be used for rental
assistance for eligible participants in the Housing Assistance Payment program.
Reference: Comm. 662
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
Vote on Bill 115: Mr. Kaneali`i-Kleinfelder moved to pass Bill 115 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 116: 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 —Mainstream Voucher Program account
($150,000); and appropriates the same to the Mainstream Voucher Program account
for a total appropriation of$950,000. Funds would be used towards housing
assistance payment costs for the Mainstream Voucher Program.
Reference: Comm. 663
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
Vote on Bill 116: Mr. Kaneali`i-Kleinfelder moved to pass Bill 116 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
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Hawaii County Council-31 February 7,2024
Bill 117: 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 —Housing Choice Emergency Voucher
Program account($400,000); and appropriates the same to the Housing Choice
Emergency Housing Voucher Program account for a total appropriation of
$1,400,000. Funds would be used towards housing assistance payment costs for the
Emergency Housing Voucher Program.
Reference: Comm. 664
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
Vote on Bill 117: Mr. Kaneali`i-Kleinfelder moved to pass Bill 117 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 118: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Increases revenues in the Federal Grants —National Instant Criminal Background
Check Act Record Improvement Program account($169,728); and appropriates the
same to the National Instant Criminal Background Check Act Record Improvement
Program account, for a total appropriation of$715,488. These additional funds
would be used to convert paper files to electronic formats and to fund overtime
hours for staff to prepare documents for electronic conversion.
Reference: Comm. 665
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: January 24, 2024
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Hawai`i County Council-31 February 7,2024
Vote on Bill 118: Mr. Kanealii-Kleinfelder moved to pass Bill 118 on
(Adopted' second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 3:29 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, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
CHR. KIMBALL: We are adjourned. Thank you, everyone. Have a great day.
Council Approval: APR 0 3 2024
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