HomeMy WebLinkAboutMIN COUNCIL 2024-03-20 2022-2024 Hawaii County Council
341h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
March 20, 2024
INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball,
Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kdneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo)
Ms. Rebecca Villegas, Member
Absent& Excused: Ms. Susan L. K. Lee Loy, 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 (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Hawaii County Council-34 March 20,2024
Tanya Aynessazian: Res. 449-24, Draft 2 (Comm. 754.2), in support.
Nawahine Kahoopi`i: Res. 449-24, Draft 2 (Comm. 754.2), in support.
William McGregor: Res. 449-24, Draft 2 (Comm. 754.2), in support.
Jim Albertini: Res. 449-24, Draft 2 (Comm. 754.2); and
(representing Malu `Aina) GOEAC-119 (Comm. 745), in support.
(See Comm. 754.65)
Lani Weigert: Res. 454-24 (Comm. 770), in support.
(representing Hawaii Care
Choices)
No`eau Woo-O'Brien: Bill 132 (Comm. 721), in support.
Leah Gouker: Bill 132 (Comm. 721), in support.
(representing ALO of Pahoa
High and Intermediate School)
Sharon Hayden: Bill 125, Draft 2 (Comm. 679.45), in support.
George Patterson: Bill 125, Draft 2 (Comm. 679.45), in support.
Paul Kuykendall: Res. 443-24 (Comm. 744), in support.
(representing Waihu (See Comm. 744.15)
O Puna Makai Watershed
Coalition)
Les Estrella: Res. 459-24 (Comm. 775), in support.
(representing Going Home (See Comm. 775.1)
Hawaii)
Stephen Paulmier: Res. 449-24, Draft 2 (Comm. 754.2), in support.
Danny Li: Res. 449-24, Draft 2 (Comm. 754.2), in support.
Jon Olson: Res. 443-24 (Comm. 744), in support.
(representing Mainstreet
Pahoa)
Leah Hawkins: Bill 125, Draft 2 (Comm. 679.45), in support.
Maile Hawkins: Bill 125, Draft 2 (Comm. 679.45), in support.
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Hawaii County Council-34 March 20,2024
Terry-Lee Shibuya: Res. 457-24 (Comm. 773), in support.
(representing Hana Laulima (See Comm. 773.2)
Lahui O Ka`u Inc.)
Ian Kow: Res. 453-24 (Comm. 769); and
(representing `Ohana Wa`a Res. 456-24 (Comm. 772), in support.
Laulima and The Arc of Hilo)
Kristina Naranjo: Res. 453-24 (Comm. 769); and
(representing `Ohana Wa`a Res. 456-24 (Comm. 772), in support.
Laulima)
Ikaika Kailiawa-Smith: Res. 443-24 (Comm. 744), in opposition.
Audrey Veloria: Bill 125, Draft 2 (Comm. 679.45), in support.
Debbie Chu: Bill 125, Draft 2 (Comm. 679.45), in support.
Toni Withington: Bill 125, Draft 2 (Comm. 679.45), in support.
Jim Scancella: Bill 125, Draft 2 (Comm. 679.45), in support.
Steven Otton: Bill 125, Draft 2 (Comm. 679.45), in support.
Randy Golden: Bill 125, Draft 2 (Comm. 679.45), in support.
Toni Withington: GOEAC-115 (Comm. 736), comment.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval Ms. Kagiwada moved to approve the Minutes of
of Minutes: January 24, 2024. Seconded by Ms. Galimba and carried
(Approved) by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
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Hawaii County Council-34 March 20,2024
Comm. 768: REPORT OF ATTENDANCE OF COUNCIL MEMBERS EVANS, KAGIWADA,
KIMBALL, AND LEE LOY AT THE 2024 NATIONAL ASSOCIATION OF
COUNTIES LEGISLATIVE CONFERENCE IN WASHINGTON, D.C., HELD
ON FEBRUARY 10-13, 2024, PURSUANT TO HAWAII REVISED STATUTES
SECTION 92-2.5(e)
From Council Chair Heather L. Kimball, dated February 23, 2024.
Motion to Close Mr. Inaba moved to close file on Comm. 768. Seconded by
File: Ms. Villegas.
CHR. KIMBALL: I put this forth per procedure with respect to Sunshine Law,
but also to give an opportunity to any of the Council Members that were in
attendance at the NACo (National Association of Counties) conference, if there
was anything that you wanted to share in particular from that event. So I'll pass it
to my colleagues if there's any discussion on this item. Starting with Council
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Yeah, good conference. This is the
second one I've attended. I did actually write a little report also, letting you
know, of some the things that I did. But, yeah, I was really—it's always so
interesting to hear what other counties are doing and how different we are than
other counties, but how we can glean good ideas from other counties as well.
I'm a vice chair for the Healthy Counties Advisory (Board) committee council,
and it was really good to meet with those people face to face because I've been
meeting with them on Zoom, and to really dig a little deeper on some of the issues
around supporting healthy counties. So that was very interesting.
I also heard good presentations around some of the court cases that will be going
to the Supreme Court that may affect the counties coming down. So I'll be
keeping an eye on those. But, anyway, I really appreciate the opportunity to meet
with other Hawaii council people from the other counties as well. That was very
helpful. And, yeah, thank you so much.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council
Member Evans.
MS. EVANS: Thank you. I wanted to share how important it was to connect
with the Federal Government and our congressional delegation. So we went up
and visited with our four congressional delegation and learned a lot about what
their personal priorities are, what they were working on individually, and then
what was going on in Congress on the House side and the Senate side, which is
really critical to us because wherever that money lands that they put it in an
appropriation bill, be it on forestry or farming or health care or mental health. I
mean, you go through the different things that are so important to us on this
island, and then find out what they're doing at the Federal Government and
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Hawaii County Council-34 March 20,2024
understanding that they put money inside those appropriation bills that are for a
purpose. But the reality is, how does it come to Hawaii County? That's the
disconnect.
And so, when you go to this conference, you know, I attended committee hearings
that were subject—and the committee hearings were by the National Association
of Counties officials. They break out into different subject matters and then they
have committee hearings. And you go and attend and hear how these different
council people from around the U.S. (United States) are focusing on certain areas.
And then, all of a sudden, you realize that they may focus on those areas and work
really hard to get Congress to put money toward it but there is that disconnect.
Because if we don't know the money's there, the Council, the Mayor, the
Governor, if we don't know that the money's in there in a line item, then we're
not getting our fair share because we have to be at the table. We have to have
those conversations. We have to work with the Governor and the different
department heads here, and we just need to let them know that we know that there
is money that's coming out to the State. We want to make sure that Hawaii
Island gets some of that money.
So I think, for me, the conference was very enlightening because it just showed
me that there's so many great initiatives that are being done but they're coming
out of Washington, D.C. (District of Columbia), and how do they translate in
terms of how they get down to you, all of us, and our communities. How does
that work? And so, I think when you go to the conferences like this, you start
seeing the connections. You start seeing the networking. And then you start
seeing how those conversations and us being there, hearing about them, is so
critical for our island.
So I really am grateful that I had the opportunity to go. There's a lot going on,
and if we're not there, I always have a saying: I don't know what I don't know.
So, when I go there, I start knowing. And that empowers me, and hopefully it
empowers me being a better councilperson and getting stuff for our community.
So thank you for the opportunity to go, and it was very worthwhile. Thank you.
CHR. KIMBALL: Great. Thank you, Council Member Evans. Any questions or
comments from the rest of the body? Seeing none, I'll just add,just jumping off
of what you were saying, Council Member Evans, I think, for me, that was also
the real benefit of this was to understand how much money from the Inflation
Reduction Act and the American Jobs Act is still out there ready to be deployed.
And, in particular, the two sessions that I went to, one involved discussions with
the EPA (Environmental Protection Agency), USDA (United States Department
of Agriculture), and then EDA (Economic Development Administration) on
money that they have for water development as well as wastewater development.
So those connections with those folks, really important in terms of bringing some
of that Federal funding through those programs here to Hawaii.
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Hawaii County Council-34 March 20,2024
And then the other one had to do particularly around some of the climate action
and the rebate programs that's going to be available for municipal governments
when they do things like install solar panels on municipal buildings or transition
their fleet to EVs (electrical vehicles). We're going to be able to get some of
those rebates at the county level and kind of repurpose it to do even more
initiatives. So, excited about learning about those two programs that will be
available to us. Quickly, Council Member Kagiwada.
MS. KAGIWADA: Yeah, I just wanted to add, to the public, it's also really
important that we are there because we bring something to this national
conference that isn't always represented. Many of the Hawaii delegation of
council members actually were instrumental in the first-ever native peoples
luncheon that was held at this conference in collaboration with many native tribes
from around the country. It was really exciting to see that happen, and that is
something that we also bring to the conference that would not be there without us.
So thank you so much.
CHR. KIMBALL: Yeah, excellent point. Okay,with that, I will take the vote on
closing file on Communication 768. All those in favor, please say "aye."
Vote on The motion to close file on Comm. 768 was carried by the
Comm. 768: following voice vote:
Filed
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 436-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR EMPLOYMENT
CONTRACT FOR THE DEPARTMENT OF RESEARCH AND
DEVELOPMENT
Authorizes the County to enter into a three-year employment contract for an Early
Childhood Resource Associate to assist with expanding access to affordable and
high-quality childcare and education.
Reference: Comm. 726
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-146
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Hawaii County Council-34 March 20,2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 436-24 and
Finance Committee Report No. 146. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: I see we have Director Adams available by Zoom. Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for joining us
today, Director. We did have a very healthy discussion yesterday regarding some
of the ARPA (American Rescue Plan Act) funding and the $60,233,619 we have
that we need to encumber by the end of this year, 2024 December. So, given
what our discussion was yesterday, any comments? And then,just as a reminder
on where we stand with this one, this was forwarded to Council. There were a
number of questions regarding the position, funding source, and that I believe
those questions are still on the table. So thank you for your time. What do you
have to say?
(Note: At this time, Research and Development Director Douglass Adams
came forward to address the members of the Council.)
MR. ADAMS: Thank you very much, Council Member. The amount that we're
talking about is, over the course of the set of the contracts through the end of
2026, we're looking at$166,000 for this particular position. The position itself
has to do with the work that we talked about with the projects. You've heard
from Angela Thomas about the need to be connected to the community. All three
of the positions, the two that exist today and this one, should it be approved, are
part of the connection around the island making sure that we have connections to
the variety of areas that we're trying to do projects in. But where we have the
ability to connect with all districts, that's also part of the responsibilities of that
particular section. I don't want to take a whole lot of time, necessarily. I'm
obviously available to answer any questions that I can.
MR. KANEALI`I-KLEINFELDER: Okay, so I think my question is,just to
recap, so 166,000 for total expenses over a two-year period? Two-and-a-half year
period?
MR. ADAMS: Two years and eight months.
MR. KANEALI`I-KLEINFELDER: Two years, eight months? Okay. And then
has—do you already have someone in mind for the position?
MR. ADAMS: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. I yield for the
other Council Members. Thank you.
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Hawaii County Council-34 March 20,2024
CHR. KIMBALL: Thank you, Council Member. Anyone else? Questions for
the Director? Comments?
MS. KIERKIEWICZ: Chair?
CHR. KIMBALL: Go ahead, Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I really appreciated the very robust discussion
that we had in Committee yesterday about where we are with spending down
ARPA funds, especially in relation to early childhood care and education. I think
it was very concerning for all of us to see what was originally allocated,
14 million, now being 9.1 million. The conversation actually left me with a lot
more questions and confusion, and so I cannot support the creation of another
position. I think that between the individuals that are currently dedicated to this
work in R&D (Research and Development), my hope is that they will be able to
carry forward with the priorities that have been identified with support from the
Finance Department. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I'm not sure who's
first. Council Member Evans.
MS. EVANS: Thank you. I just wanted to based on the conversation we had
yesterday, for the public,just so you know, in Committee hearing there was kind
of an update on what's going on with this early childhood initiative. It was a very
lengthy discussion about what they've been doing to date and how they've spent
the money, but today we're talking about this resource associate. And based on
what happened yesterday, my question about this position, do you see this
position focused on workforce development and working with our employers to
make sure that we can get more childcare seats and facilities available? So what
exactly just based on what happened yesterday, how do you see this—what are
they going to do?
MR. ADAMS: This position actually will take over for some of the things that
our current coordinator and associate are doing so that they can actually do the
employer-sponsored work and focus on those areas as well as some of the other
high (inaudible) facility work that we're trying to do. So this allows them to be
able to focus on those things, and this position takes over some of the more
mature projects that are currently being run.
MS. EVANS: You say "projects being run," so can you just
MR. ADAMS: Correct. So some of the ones that we've talked about already,
right. So the Reach Out and Read program, the scholarship program, these are
ones that are already in play. This position would be taking over the
responsibilities for handling the operations, if you will, of those particular
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Hawaii County Council-34 March 20,2024
projects, allowing our current coordinator and associate to focus on the projects to
be worked on that we have to work through the RFP (request for proposal)
process as well as the coordination process.
MS. EVANS: Okay, thank you. Thank you for the clarity. I will be supporting.
Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Kagiwada.
MS. KAGIWADA: Thank you. I will also be supporting. I know it's a really
complicated and tough job that you have trying to juggle the multitude of things
you're doing, both in working with the community and trying to get some things
off the ground. We had that lengthy discussion yesterday. I really hope we can
continue to push on the things we know that matter the most in this industry and
that will benefit children and families, as well as support the growth of our
teaching population, which is so critical. So, with that, I will be supporting and
hope and give you all the cheering on I can to get the work done. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Going now to Vice
Chair Inaba.
MR. INABA: Thank you. Based on the discussion yesterday and the information
that we've been provided thus far, I won't be supporting this request. Looking
back at the history for the creation of the first two employment contracts, that's
something that was approved via Resolution 97-23 last April. But, for the
coordinator position, our coordinator has been with the County since April 18,
2022.
And, like I said yesterday, the update we got yesterday as compared to what we
received in July of last year, especially having noted that there was a whole month
that was given to prepare for specific information yesterday, I think it's a
disservice to the public and even to our early childcare providers and resources in
the community to allocate County funds to a position when we're not even able to
know for certain what's been done in the last two years since this original position
began.
I still don't have the information regarding the resolutions that set up agreements
for Chaminade, how funds were given out. I brought that up yesterday. No
further information on that, which was promised yesterday. And I would urge my
colleagues not to support this resolution. The community and the public deserve
better. And the amount of funds being committed to another potential position
could actually go towards the development of a further facility and resources
across our community. I yield.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Galimba.
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Hawaii County Council-34 March 20,2024
MS. GALIMBA: Thank you, Chair. I will be supporting this position. I really
commend the County for getting into this space of early childhood education. It's
a difficult space because it is not under the DOE(Department of Education)
regular education system, and yet, it is critical to producing children that are ready
for Kindergarten.
And as a single mother, I know I was really lucky to have a Montessori school in
N5'51ehu so that my child could have that benefit and I could work. That school
no longer exists because it's a very difficult business to be in and, unfortunately,
because they're in this strange space of having to be businesses and yet having to
do basically nonprofit work. So I support this position that will work in this space
and try to help these organizations with everything that they need to do, from the
right sized fridges, to permitting, to everything. So I think we need to put boots
on the ground in order to do this and to support this initiative. Thanks.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I like the comments so far. I do share
Mr. Inaba's concerns. I'm actually going to lean the other way. I completely
agree with the funding for the position. I have concerns that the $60 million
American Rescue Plan Act gives to our County, close to 20 percent of that goes to
early childhood resources. I'm not saying it's not important. I'm just saying we
have a number of things in our community that would be well addressed with this
funding source, and it's a very open funding source.
With that in mind, I am tempted to say no to this position, but I'm going to lean
the other way and actually support this position. I have a lot of questions about
the funding and the contracts that have already been given, as stated by Mr. Inaba.
But I believe the position will provide a person within R&D the ability to get
things done and to stay on top of early childhood resource planning and whatever
else happens within the County. But I do question the overall funding and the
placement of those funds into certain categories. Again, 15 percent, that's
actually closer to 20. And it's ten—is it$10 million that we're putting towards
early childhood resources, Mr. Adams?
MR. ADAMS: 9.1 (million) is what we have listed.
MR. KANEALI`I-KLEINFELDER: But what's been encumbered already?
MR. ADAMS: The encumbrance is a little over a million right now.
MR. KANEALI`I-KLEINFELDER: Towards early childhood resources?
MR. ADAMS: Yes.
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Hawaii County Council-34 March 20,2024
MR. KANEALI`I-KLEINFELDER: So a total of 10.1 million, or a total of
9.1 million with the encumbrance.
MR. ADAMS: Yes, 9.1 with the encumbrance.
MR. KANEALI`I-KLEINFELDER: Okay. So, actually, in the 15 percent area.
So 15 percent is $60 million towards early childhood resources. My thoughts are
we have a number of fires that need to be put out in the County of Hawaii. This
is just one of them, and this has a multitude of other revenue sources being
applied at different levels across government. So I'll support the position today. I
have a lot of questions about why such a big chunk is being put towards this. I'm
not saying it's not important. I just think we have a lot of things we could address
in the County of Hawaii. I yield.
CHR. KIMBALL: Thank you, Council Member. Director Adams, I just wanted
to give you a chance, if you were able to find anything out about those contracts
or agreements with Chaminade and HCC (Hawai`i Community College)that we
discussed yesterday that came up to my colleagues. I just wanted to see if you
have any additional information at this time.
MR. ADAMS: I don't have any other information at the moment. The folks that
would be looking at that actually were with you yesterday. So I certainly hear
what Vice Chair Inaba and Council Member Kaneali`i-Kleinfelder are telling me.
We will definitely get that information to you ASAP (as soon as possible)
regarding those contracts. I'd just thank the Council for their consideration of this
position. We certainly understand the urgency of both the obligation
requirements as well as the expenditure requirement for the use of these funds.
And then, finally, I would note that these funds are not the only funds that are
available. I heard the commentary that was provided by those of your colleagues
that attended the conference in Washington, D.C. We know that there are funds
out there. We're going to continue to scour, looking for ways to support this
particular area, as we move through these next two-and-a-half years of ARPA
funding and then into the future beyond that. So thank you for the opportunity,
and thank you for your consideration.
CHR. KIMBALL: Thank you, Director. Council Member Villegas.
MS. VILLEGAS: Thank you, Chair. Wow. Really interesting conversation.
Really poignant perspectives that take into consideration and require
accountability for what's happened for the last couple of years and the people
who have been working on this, and the roles and positions that have already been
created. I just see floundering. My concerns come from time keeps on ticking
and money keeps on trickling and we're losing resources. It just feels a little bit
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Hawaii County Council-34 March 20,2024
like we're adding bureaucracy instead of allocating funds to the people in the
fields. I haven't seen the level of detail or strategizing for impactful change or
support.
It feels a little bit to me like, and this is just in my laywoman's terms, but how we
are always hearing about, in the Department of Education, those in upper
leadership getting raises and our teachers can barely survive on their salaries.
And so we create another position on how to manage or create an enlightened
perfect system, but the people that are actually on the ground caring day to day for
our keiki are the ones that know what they need. And it may not be just a few
more books. We have a lot of books. It's having the people there to work with
them and having a sufficient enough wage for those caretakers that somehow
doesn't come on the backs of the men and women who have to work fulltime,
sometimes to just pay for the people that care for their children.
So I recognize that this is a broader issue and a conundrum we find ourselves in in
a very economic growth-driven capitalist society with all these other high cost of
living. I mean, it all ties in together, but this family unit and this opportunity to
provide the best care for our keiki that we know, without a doubt, the science is
there, that these years in our children's lives impact the way they see the world,
interact with the world, participate in the world and their communities.
So my heart is for providing any and all opportunities for our County to be a part
of creating that solution. But, unfortunately, I don't have—right now, I don't
have the faith that what is happening and what the strategy that's being employed
is being effective enough. And creating another position, to me, doesn't—at this
time, I just don't see enough evidence for it, and I would like to see a potential
other opportunity and strategy. Yeah, I just have to go with my na`au on this one,
and so I won't be supporting this today.
But I am in full support of the success of R&D, Doug and your team, navigating
what some might consider this broad, incredible blessing to have these millions of
dollars available to you, and then to have to sit and be scrutinized on whether or
not your strategies are good enough or the roles are good enough or whatnot. It's
a really tough one. So, with humble and all due respect, I won't be supporting
this today. Everything that's happened throughout this particular role/process just
has brought up more questions, as opposed to more clarity. So I'm hopeful we
can move forward as a County, and these funds can be used strategically and
effectively to benefit directly the health, well-being, and future of our kids, and
supporting those that spend their lives nurturing our future generations. With that,
I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Vice Chair Inaba.
MR. INABA: Just quickly to sum this up. I think, as Council Members, we have
a duty to know what we're voting on. And, based on the discussion that we've
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had and what's contained in the B-52, I'm not sure anyone can say with certainty
what the position would really be doing. And I don't know that that's in, like I
said, the public's best interest for us to be expending funds in such a way. So I
ask my colleagues to reconsider how they'll be voting today. Thank you.
CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder, briefly
please.
MR. KANEALI`I-KLEINFELDER: Okay. Mr. Adams, I was thinking about
what's been said so far. What are the responsibilities of this new position or this
new early childhood resource associate? And the second part of the question:
Why are they not able to be covered by existing staff?
MR. ADAMS: The development of the strategy—okay, let me answer the first
question. The answer to the first question is this is a position that has a similar
job description to the current associate position. This particular position, as I was
mentioning earlier, is going to be able to take some of the current existing projects
that we're running, be able to be available in the office to address any questions
that may be coming from folks that are engaged in those projects currently. That
opens up, then, the opportunities or the need for our existing staff, the coordinator
and the other associate, to be able to take on, in a fuller sense than currently
exists, the request for proposals for the projects that we have identified, that were
identified yesterday, and then also the managing of those contracts as we move
into the expenditure once we have the encumbrances made.
So this position is needed because we see our two other positions beginning to
get—with so much to do and so much funding to push out there in the context of
the request for proposal process, the ability for them to be able to manage that,
manage what we currently have going, appeared to me that there was a need for
an additional position that would allow us to accomplish all that we want to
accomplish. That's the reason for this particular position.
MR. KANEALI`I-KLEINFELDER: Is there a current job description for that
position?
MR. ADAMS: Yes. It's the same job description as the current associate's job
description.
MR. KANEALI`I-KLEINFELDER: Okay. That wasn't provided on the B-52,
the background report for the request for the position, correct?
MR. ADAMS: I don't know, to be honest with you.
MR. KANEALI`I-KLEINFELDER: Okay. That's a good answer.
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Hawaii County Council-34 March 20,2024
MR. ADAMS: However, we're in the process of providing it. I don't know that
it has been made available to you, or we were asked for it this morning. The
current job description for both of our coordinator and the associate we had to run
through some HR (Human Resources) required elements. We were in the process
of sending that. I don't know that it has been sent yet or not.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. I appreciate that response,
Mr. Adams.
CHR. KIMBALL: Thank you, Council Member. Council Member Evans.
MS. EVANS: Thank you. This might be an opportunity to just comment on the
way we're writing these resolutions coming from the Administration. My
understanding is the departments, many of them, have to give it to Finance who
ends up writing the resolution, and Finance ends up writing these B-52s. So
maybe Finance needs to be here every time we have the department—like
Doug Adams, maybe Finance, Diane, needs to be here too because they're the
ones writing these.
My understanding is the department gives them all the background information,
gives them all this information justifying why they want what they want, but it's
Finance that writes this. So there may be a little bit of a disconnect there, and
maybe it's just something we can fix. So just putting it out there. Thank you. I
yield.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Kierkiewicz in Hilo.
MS. KIERKIEWICZ: Thank you, Chair. Sorry, my mic was off. At the end of
the day, when I think back to when our County was awarded this funding—again,
tremendous opportunity; once-in-a-lifetime kind of funding to do something
amazing with it I really appreciated the investment in focusing on our kids and
early childhood education and care. In my mind, there were four things that we
needed to do: establish and expand access, promote `ohana engagement, and
ensure that there are resources for mental health and wellness of our kids and our
families. And you do that by supporting workforce development.
The plan that we have been presented does not invest enough in building up our
workforce. I have not seen how any of these four different areas have been
improved since our County has received this funding and has hired two people to
oversee these kinds of projects. When I look at the B-52, it's very clear what the
scope of work for this position would be: construction, management, and
program design for four potential childcare sites. I said it yesterday and I'm
going to say it again: I do not believe our County should be in the business of
building preschools. That is not our kuleana.
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Hawaii County Council-34 March 20,2024
The other thing here listed is a plan for the Pahoa school complex. Yesterday, we
got clarity that the promised Pahoa project was not funded by ARPA dollars. In
fact, that was a project that is being funded by local philanthropists and
foundations. Rather than creating a position, use that money to just extend the
contract of the folks that are actually doing the work: Marlene and Doug. Work
with them to expand what they're doing in Pahoa to reach other communities.
I really urge my colleagues to reconsider their vote on the creation of this
position. I do not think that it's going to be adding any type of value, and it's
really hard to justify supporting something like this when it's very hard to see
what has been achieved to date with current ARPA dollars and positions funded
by them. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. With that, I will
proceed to the vote. Mr. Clerk, can we do a roll call on this one, please?
Vote on Res. 436-24: The motion to adopt Res. 436-24 and Finance Committee
Failed Report No. 146 failed by the following roll call vote:
Ayes: Council Members Evans, Galimba,
and Kagiwada—3.
Noes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Villegas, and Chair Kimball—5.
Absent: Council Member Lee Loy — 1.
Excused: None.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Bill 135: 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 American Job Center-One Stop Program Income account
($75,540); and appropriates the same to the American Job Center-One Stop
Program account. These additional funds would be used to pay for additional costs
incurred for rent and utilities generated by a recent office relocation.
Reference: Comm. 752
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 6, 2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 135 on
second and final reading. Seconded by Ms. Villegas.
(Note: At this time, Research and Development Director Douglass Adams
came forward to address the members of the Council.)
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Hawaii County Council-34 March 20,2024
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: No discussion.
CHR. KIMBALL: Any additional discussion? Checking in on Hilo.
MS. KIERKIEWICZ: No, I just want to thank the Director for providing me with
information regarding stats (statistics) around how many folks are being served by
the center. I think it's a solid number of people and would love to explore with
you and your team how we afford access to these opportunities in other
communities around the island. So thank you. I'll be supporting.
MR. ADAMS: Thank you.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all
those in favor of adopting Bill 135,please say "aye."
Vote on Bill 135: The motion to pass Bill 135 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
GOEAC-112 NOMINATION OF LISA FUKUMITSU TO THE BOARD OF ETHICS
(Comm. 733):
Requires Council
Confirmation by: March 29, 2024 (Section 13-4(k),
Hawaii County Charter)
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-112: External Affairs Committee Report No. 112. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-34 March 20,2024
GOEAC-113 NOMINATION OF STEVE HIRAKAMI TO THE FIRE COMMISSION
(Comm. 734):
Requires Council
Confirmation by: March 29, 2024 (Section 13-4(k),
Hawaii County Charter)
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-113: External Affairs Committee Report No. 113. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
GOEAC-114 NOMINATION OF WAYNE PERRIN TO THE FIRE COMMISSION
(Comm. 735):
Requires Council
Confirmation by: March 29, 2024 (Section 13-4(k),
Hawaii County Charter)
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-114: External Affairs Committee Report No. 114. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
GOEAC-115 NOMINATION OF BRIAN KANGAS TO THE LEEWARD PLANNING
(Comm. 736): COMMISSION
Negative
Recommendation: Due to a vote of 4-ayes, 3-noes, 2-absent
Requires Council
Confirmation by: March 29, 2024 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-34 March 20,2024
Motion to Approve: Mr. Inaba moved to confirm the nomination of
Brian Kangas to the Leeward Planning Commission.
Seconded by Ms. Galimba.
CHR. KIMBALL: Any discussion? Starting with Council Member Evans.
MS. EVANS: Thank you. I will not be supporting this nomination. We did have
discussion in Committee. I did not support it then, and we did have testimony
today from Toni Withington that kind of explained how the community is a very
engaged community when it talks about their Community Development Plan. In
fact, they have all these subcommittees that meet every single month to talk about
their roads, their parks, public access, culture, health and wellness, agriculture, all
these different subcommittees. And no one knows Brian Kangas, and he hasn't
showed up to any of our community meetings in North Kohala.
My understanding is there is someone that would love to serve on the planning
commission that is from the area, and we heard about that too. But Brian, nothing
against him; he sounds like a wonderful person. But having lived in Hawaii five
years and right now is a pastor, but he does work fulltime as a builder/developer.
And I just think that we could be better served with someone else representing the
North Kohala community. So I hope that my colleagues agree with me. So I
yield. Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Villegas.
MS. VILLEGAS: Thank you, Council Member Evans, for speaking for your
community and listening to them and taking the time, and doing the due diligence
to reach out and find out what the broader perspective is from the members of
your community who are participating authentically, diligently, consistently in the
future planning of the place that they cherish.
I strongly support you and your words. And I think, historically, on the Council,
Council Members took the perspective of the person who represents the district
that that nominee was being put up to represent their district and took their
perspective and your support, or lack thereof, as a direct indication and something
that is worthy of supporting just out of honor and respect for your knowledge,
your connection to your district. And I will be supportingI will not be
supporting this nomination. I will be supporting your leadership role in
connection to your community.
I also have heard in the wind that there is a fantastic candidate for the Leeward
Planning Commission that is in this district, and that recommendations have been
sent to the Mayor's office. I am very hopeful that those recommendations will be
heard and taken into account, and that this person will be moved forward in this
process. Our Leeward Planning Commission is in dire need of people to fill those
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Hawaii County Council-34 March 20,2024
seats, but we need the right people, not just anybody. And I think our Council is
being bold and brave and strong in making these statements and not settling. And
I hope we continue to do so because these positions are powerful and impactful,
and they determine the future of this County.
And while nobody can be perfect—heck, I am far from; I live in a glass house
there are people that are not compatible and there are people that have no
experience or don't have the depth of connection to have the understanding. And
as one of the candidates actually stated a few weeks ago, he said, "I feel like a
pawn," and that's what I hear from my constituents is the concern that pawns get
placed on our boards and commissions, and they can be swayed in either
direction. And that is just as dangerous. So thank you to this gentleman for being
willing to endure this process, and at a time when we are at such a tipping point
and so much is at risk. So we have opportunities to filter and really ensure that
the people being allowed this opportunity to get to serve are the best candidates
from our respective districts. With that, I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else?
Checking in in Hilo. All right, Mr. Clerk, let's do a roll call on this one. Sorry,
one more coming here from Council Member Kagiwada briefly.
MS. KAGIWADA: Thank you. I wasn't here last time, so I just would like to
comment. Thank you to the Council Members who spoke. I read the report and
really wasn't able to get any information from that as far as why people voted the
way they did. So thank you to the Council Members who spoke today. That's
very helpful.
I just want to say I would never not support somebody because of their job or
because of the number of years they have or haven't lived here. But it did really
make a lot of sense to me hearing from Council Member Evans that this particular
nominee has not engaged in the community process when that opportunity has
been available to them, and it seems like she feels strongly. And so I will support
Council Member Evans in voting "no"for this nominee. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Your comment, go
ahead, Council Member Galimba.
MS. GALIMBA: Very briefly. I voted for the candidate, and I feel like he is a
valid candidate in his own terms. But I also will defer to Council Member Evans
and her knowledge of the community and what their will is on this particular
candidate.
CHR. KIMBALL: All right, thank you. I will take this opportunity, since
Council Member Kagiwada raised it, to remind folks that it would actually be
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Hawaii County Council-34 March 20,2024
improper for anybody to vote against a candidate based on their employment.
That is clearly stated in the Charter. So please don't do that. All right, Mr. Clerk,
if you would, a roll call.
Vote on The motion to confirm the nomination of Brian Kangas to
GOEAC-115: the Leeward Planning Commission failed by the following
(Adopted) roll call vote:
Ayes: None.
Noes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Absent: Council Member Lee Loy — 1.
Excused: None.
(Note: Governmental Operations and External Affairs Committee Report
No. 115 was adopted; the appointment of Brian Kangas failed.)
GOEAC-116 NOMINATION OF SUZI BOND TO THE MERIT APPEALS BOARD
(Comm. 737):
Requires Council
Confirmation by: March 30, 2024 (Section 13-4(k),
Hawaii County Charter)
(Note: At this time, nominee Suzi Bond came forward to address the
members of the Council.)
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-116: External Affairs Committee Report No. 116. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
(Council Chair Kimball thanked Ms. Bond for her support and volunteerism.
Council Member Kaneali`i-Kleinfelder stated that the Council is not required to
approve a person's nomination at second hearing, and so it's nice to see people
showing up at the second hearing of their nomination.)
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Hawaii County Council-34 March 20,2024
GOEAC-117 REAPPOINTMENT OF LISA MCNAMARRA TO THE BOARD OF APPEALS
(Comm. 738):
Requires Council
Confirmation by: March 30, 2024 (Section 13-4(k),
Hawaii County Charter)
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-117: External Affairs Committee Report No. 117. Seconded by
(Adopted) Mr. Kaneali`i-Kleinfelder and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
GOEAC-118 NOMINATION OF LLOYD MATSUBARA TO THE TRANSPORTATION
(Comm. 739): COMMISSION
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-118: External Affairs Committee Report No. 118. Seconded by
(Adopted) Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
(Council Member Kaneali`i-Kleinfelder stated his appreciation for
Mr. Matsubara's discussion at Committee in which he spoke about people's needs
across Hawaii Island, and his understanding of transportation.)
GOEAC-119 NOMINATION OF RALPH PALIKAPU DEDMAN TO THE GAME
(Comm. 745): MANAGEMENT ADVISORY COMMISSION
Requires Council
Confirmation by: March 29, 2024 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-34 March 20,2024
Vote on Mr. Inaba moved to adopt Governmental Operations and
GOEAC-119: External Affairs Committee Report No. 119. Seconded by
(Adopted) Ms. Kagiwada and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
(Council Member Kagiwada spoke in favor of the appointment.)
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 442-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL
PROPERTY, DESCRIBED AS REMNANT ROAD RESERVE, PARCEL A,
BEING A PORTION OF TAX MAP KEY NO. 7-5-006-034 AND CONTAINING
AN AREA OF 1,794 SQUARE FEET, SITUATED AT LANIHAU 2ND,
KAILUA, NORTH KONA, ISLAND OF HAWAII, FROM THE STATE OF
HAWAII, BY ITS BOARD OF LAND AND NATURAL RESOURCES
The County seeks to utilize the parcel for public parking.
Reference: Comm. 742
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-52
Motion to Approve: Mr. Inaba moved to adopt Res. 442-24 and Legislative
Approvals and Acquisitions Committee Report No. 52.
Seconded by Ms. Villegas.
CHR. KIMBALL: We do have the Director of Public Works here, although this
is really the Deputy's ball of wax. So if there are questions, we can table this and
come back to it. She's not going to be available until noon. But I didn't know
what level of conversation would be required. So we'll take it and if we need to
table it for her expertise, we will. Vice Chair Inaba.
MR. INABA: Thank you. Director, there was an email that came in from a
nearby business building regarding the parking. I'm not sure if you wanted to just
share a little bit more about the request before us today.
(Note: At this time, Public Works Director Stephen Pause came forward
to address the members of the Council.)
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Hawaii County Council-34 March 20,2024
MR. PAUSE: Sure. Director of Public Works Steve Pause. There were actually
two things to address. I guess the first I wanted to start: When I appeared last, I
misstated some information, and a map got out to the local newspapers as well.
But the parcel is approximately six, almost seven,parking spaces that are directly
across the street from the Bougainvillea Plaza. So that is the parcel that the State
is providing to us. It's a quitclaim deed. It's a conveyance of a road reserve, a
remnant parcel. And that is correct. Those parking spaces are now used by the
folks from the Bougainvillea Plaza.
The State has requested us to take this on in giving us the quitclaim deed. And I
won't dig a bigger hole because my Deputy's not here, from a legal standpoint,
but it's my understanding that that parcel comes over to the County. There are no
existing leases that come with that parcel. In other words, it comes directly to us.
I am aware, as you pointed out, that those spaces are being utilized by that
business. We are not receiving any existing lease that goes with that.
MR. INABA: Thank you, Director. So, at our first hearing, it was 14 stalls that
were mentioned, but essentially, they're just—
MR.
ustMR. PAUSE: Correct. I misstated. There were seven—it was about seven and
seven. But the seven stalls that are in front of the YWAM (Youth With A
Mission) building are not included in this. I misstated what the parcel was. It's
just the 1,700 square feet and the six or seven parking spaces opposite
MR. INABA: Okay, thank you very much for that—
MR.
hatMR. PAUSE: That are adjacent to the street.
MR. INABA: Thank you for that updated information. I don't have any further
questions. Defer to Council Member Villegas.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: Thank you. Thank you for being here, Mr. Pause, and for your
gracious and humble recognition of some of the accidental mistakes made here. I
even, myself, am realizing that I had a very different perspective of what this
property was. I thought it was abutting on the backside of the empty lot that goes
on Likana Lane, directly across from the County's current parking lot. I didn't
realize these are the parking stalls associated with Bougainvillea Plaza.
I've had members of the public the folks that have the YWAM Ships hotel were
very concerned. They sent their deed for their property, which reflected that they
actually own the parts that they park on. But then I got another email from
Catherine Coatney who is one of the owners of Bougainvillea Plaza, and they are
very concerned about what this will do to lose these six parking stalls. Have you
guys been in touch with them? Have you been in touch with ?
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Hawaii County Council-34 March 20,2024
MR. PAUSE: I was made aware of the same information that you just mentioned.
Council Member Inaba also provided that. No, we have not had direct
communication. Again, my understanding is this is something, and I've got a
bunch of paperwork that goes back to like the '60s when the State wanted to
quitclaim or give this road reserve to the County. And, at the time, the
discussions were like "Yeah, sure we'll take it,"but here we are a whole bunch of
years later.
And again, the communication from the owners of Bougainvillea indicated that
they had a lease for those parking spaces. But the deed that comes over to the
County does not include a lease, so there is no agreement that we're aware of that
will go on when the property comes over to us.
MS. VILLEGAS: Okay. Well, I figure there's probably, hopefully, maybe there
will be, then, a lease or terms in writing that move forward however.
MR. PAUSE: If that happens, it will have to come through Council. So, yes.
MS. VILLEGAS: Okay.
MR. PAUSE: And I also just wanted to comment, and I made this statement last
time about parking, and I recognize it's a very big issue in Kona.
MS. VILLEGAS: Huge.
MR. PAUSE: We have had programmed to make some repairs and updates to
that parking lot. Separately, there's available land from the State that we're
acquiring and one small parcel that will allow us to expand that parking lot by
about 31 spaces. So we shouldn't really look at this in a cause of we're going to
solve Kona's parking problems.
But there is a plan. And I got with our Engineering Division Chief yesterday, and
we're tracking between property acquisition, design, and some environmental and
archeological work, hopefully by the end of this year, to be able to go forward
with that. Then, at that time, we'll do the resurfacing and improve the ADA
(Americans with Disabilities Act)requirements for the existing parking lot and
then expand it as well. So by no means was there ever meant to be a suggestion
that we're solving a bigger problem here. I think, ultimately, the work that we
can do on the big parking lot will help.
MS. VILLEGAS: Great. Thank you so much, Director Pause. And my humble
apologies to Catherine for my mistake on reading the maps that I had seen before
as well, but am hopeful that, as this moves forward, that perhaps you and I and the
owners of Bougainvillea Plaza could have some conversations and look at
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Hawaii County Council-34 March 20,2024
historically how far back it goes for their parking. I know they have underground
parking in that building, and it just makes me wonder where the documentation
was about their lease or how
MR. PAUSE: There was also information brought up in that communication
about the impacts of homelessness and some of the other activities that go on. I
did confirm that the County parking lot does have a restriction between 2 a.m. and
5 a.m. So there are—and it's actually in the County Code. So there are
restrictions there and then because some of the concerns were brought up about
people staying, living, whatever, in the parking lot all evening. There is a
mechanism through enforcement to remove people who might be staying longer
than they should.
MS. VILLEGAS: Thank you for that. In my first couple of terms, it's something
I chased down but, under the prior Administration, had essentially been told that
we didn't have a County tow company on contract that would tow the cars from
there. I look forward, and we can talk about this offline, but it's something that I
chased down.
MR. PAUSE: It sounds like a business opportunity, Council Member.
MS. VILLEGAS: It did but I couldn't find, yeah, anyway. So maybe we can
connect those dots, because I was told at the time that people were parking their
vehicles there, getting a cab to the airport, and they would leave their car there for
a month while they went on vacation and come back, because there was no
enforcement. And to the businesses that operate in that area, those stalls are
priceless. Yeah. Yes, Judge Strance?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel.
Council Member Villegas, could I get some clarification on a statement that you
made about whether there might be paperwork that would provide the current
tenants of Bougainvillea Plaza with a legal right to use stalls?
MS. VILLEGAS: Yeah. It sounded like, and I'm not sure what they have, but it
sounded like Director Pause had looked for something like that, and there wasn't
anything in the records about those parking stalls officially being leased to
Bougainvillea Plaza. But, in my limited scope of understanding, but also
knowledge that when you build, when that office building center was built, they
would have had a requirement of a certain number of parking stalls. They have
very few underground. So I wondered if these other six had been included in part
of the permitting, that somewhere, if they're claiming they had a lease, that
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Hawaii County Council-34 March 20,2024
somewhere there would have been some evidence of that. And that gentleman in
the audience is indicating that they have the lease. So that would be a great—
okay,
reatokay, for 30 years. So we should close this loop and yeah.
MS. STRANCE: I'm a little concerned that the research the County has done
shows that there is no legal interest in the parking stalls, and there are people
saying there are, and there might be documents out there to show that. In my
mind, that would affect the recommendation of whether the County should
proceed to receive the property since it's intended for a public purpose of public
use. And my understanding is that some good research was done on our side, but
if that other information is out there, I'd like to see it produced.
MS. VILLEGAS: Yeah. I'm not sure but there's a gentleman currently in the
audience who mayI think we should probably have a conversation offline and
see what's out there and if this lease was with the State. Because if the State had
the Iand or just what were
CHR. KIMBALL: I'm going to suggest, since I don't think there's a ton of
urgency on this, that we postpone and get some more time for the conversation to
happen. Can I have a motion?
MR. INABA: Yes. Corporation Counsel,just a question. Would we be able to
proceed in two weeks, or would you like it to the call of the Chair?
MS. STRANCE: If we set it out a month, that would give us time if there are
documents produced for us to do some additional research.
Vote on Motion to Mr. Inaba moved to postpone Res. 442-24 to April 17,
Postpone: 2024. Seconded by Ms. Galimba and carried by the
(Approved) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball–8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Page 26
Hawaii County Council-34 March 20,2024
Res. 443-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
UNITED STATES GEOLOGICAL SURVEY FOR A WATER QUALITY
STUDY OF THE LOWER PUNA REGION
Allocates $428,000 from the County Geothermal Relocation and Community
Benefits Fund to conduct a study on the potential effects geothermal energy
production may have on potable water sources and the near-ocean environment.
Reference: Comm. 744
Intr. by: Ms. Kierkiewicz
Approve: FC-147
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 443-24 and Finance
Committee Report No. 147. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair, and thank you to my colleagues during
Committee and members of the community for coming out to support this really
crucial initiative, which would safeguard public health, environmental safety, and
sustainability. This study that we would be doing in partnership with USGS
(United States Geological Survey), the geological survey, would build upon initial
samplings of water resources that were done in 2015 and 2020 and really build
upon and expand that work. And this work actually is a recommendation that
came out of a 2013 report. The Geothermal Public Health Task Force, this was
one of their recommendations. And so it would allow for us to understand what
ramifications, if any, geothermal operations have on our groundwater and
nearshore ecosystems. And it's also an opportunity to support scientific data-
driven decision-making.
There was a question I think one of the testifiers brought up about how this is
being funded. And so, if you read through the resolution completely, you will see
that this project is being funded through geothermal royalties. Puna Geothermal
is mandated to give a portion of its profits back to the County; back to the State of
Hawaii, DLNR (Department of Land and Natural Resources); and to the Office
of Hawaiian Affairs. Our County has set up a Relocation and Community
Benefits Fund. So PGV (Puna Geothermal Venture) is essentially paying for this
study.
I just want to take a moment to mahalo nui all of the community partners that
were involved in designing this proposal and study, in particular Paul Kuykendall
and Aunty Anna Marie Kohn, and for the really amazing team at USGS. I believe
Stephen Zahniser is online and available to answer any technical questions folks
have. But we're really excited about the potential to build capacity of our
community members who work alongside USGS and essentially become
indigenous data scientists so that they are empowered to use the various
instrumentation to complete ongoing monitoring of our watershed systems. This
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Hawaii County Council-34 March 20,2024
project really is a demonstration of our commitment to safeguarding our public
health, natural resources, and fostering a climate of open information,
transparency, and accountability. And so I just look for my colleagues' continued
support on this measure. Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on
Resolution 443-24? Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. It was an interesting
comment by the testifier this morning. The Geothermal Fund is provided by a
portion of revenue from the geothermal plant and given to the County for
different purposes, mainly to serve public purposes. But the question that was
asked was not so much the funding source but more the purpose, in my eyes, of
the funding that we're applying. These funds could go towards parks. They
could go towards a number of things. And it was an interesting proposal that
PGV opened to funding this on their own behalf rather than out of an account that
could serve other purposes. So I did like that. That was an interesting
perspective.
We did have a number of testimony, too, saying how important this is to the
community, so I'm in line to support this. But I do like the idea that there could
be an opportunity for PGV to fund this through other sources in their ongoing
support of our community surrounding the plant.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone
else?
MS. KIERKIEWICZ: Chair, if I could respond?
CHR. KIMBALL: Please, Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. In addition to annual royalties that are
provided to the County by PGV, they are also required to pay the County $50,000
every year, and that is part of the Geothermal Asset Fund. And so, when our
office was doing some research around what the purpose of this particular fund
was, it had to do with public health. And so we had wanted to utilize that funding
stream because the purpose was around public health, and this project definitely
supports that. But, in looking at the rules that were established by the Planning
Commission, it was intended for members of the public to petition use of this
fund because of impacts to their individual or household health. And so we
weren't able to use that particular fund. It's something that we want to be able to
revisit again in partnership with our community, because these funds are there and
we want to make sure that community is being supported by these funds because
they are having to live with a geothermal plant in their community.
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Hawaii County Council-34 March 20,2024
I just wanted to make sure that folks were aware that we completely did our due
diligence to make sure that we were using the appropriate funding stream, but also
that we have become aware of potential changes that need to happen in order to
make sure that there is access to these funds that are made available to us. Thank
you.
CHR. KIMBALL: Thank you. Anyone else? Vice Chair Inaba.
MR. INABA: Just a quick question. Council Member Kierkiewicz, do you know
how much is currently available in this fund?
MS. KIERKIEWICZ: My recollection is roughly around $4 million.
MR. INABA: Okay. And then I'm not sure if anyone from Finance is here or
even if you know the answer. I believe the Code requires a minimum of
$1 million in that fund.
MS. KIERKIEWICZ: There are two programs that are run through that fund.
One million dollars must always remain in the Relocation Fund should any
member of the community request to be relocated. And so that remains there, the
$1 million. The rest is available to be used for community benefits, and the
process is to seek approval from the Planning Director ensuring that the criteria
that's etched in Code is met.
MR. INABA: Great. Thank you so much for that information. I'm hoping that
this survey is able to provide some good insight as to any effects that are
occurring in the Puna region, and that we can take steps to mitigate them moving
forward. I yield, Chair.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? All right, seeing
none,just a quick question to my colleague Council Member Kierkiewicz. It's
my understanding that actually PGV does do their own regular monitoring or
testing, and that part of the objective with this study from USGS was that it would
be an independent study because there was some desire from the community to
have independent verification of the results that PGV was presenting. Is that an
accurate assessment?
MS. KIERKIEWICZ: Chair, that is an accurate assessment, but I'll also add to
that. In addition to the transparency and independence of this study, there is a
concern within community, and rightfully so, that what is required in permits
from the Department of Health are not sufficient enough. And so this would
allow us to go deeper than what is required by the Department of Health. Thank
you.
CHR. KIMBALL: Great. Thank you for that expansion and clarification. All
right, with thatoh, yes, Council Member Evans.
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Hawaii County Council-34 March 20,2024
MS. EVANS: I'm sorry; that brought up a question. So what is the State
Legislature, your State Representative and your State Senator, in terms of
working on geothermal and allobviously, it's a hot-button issue. I think
bringing more comfort level to your community is a good thing, but I'm curious;
has the Legislature weighed in on this recently?
MS. KIERKIEWICZ: Chair, if I could respond?
CHR. KIMBALL: Yeah, let's keep the response, though, to the scope of the
resolution before us. So specifically related to the geothermal activities of
groundwater in the Puna region. Thank you.
MS. KIERKIEWICZ: Thank you for the question, Council Member Evans. I am
not aware of any action being taken by my colleagues in the House or Senate
representing Puna on this matter. I refer to a report that was done in 2013 that
was done by the County. And so I'm working in my lane as a Council Member to
implement that particular report.
MS. EVANS: Okay. Thank you.
CHR. KIMBALL: All right, seeing no further discussion, all those in favor of
adopting Resolution 443-24, please say "aye."
Vote on Res. 443-24: The motion to adopt Res. 443-24 and Finance Committee
(Adopted) Report No. 147 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Res. 449-24: DEMONSTRATES THE ALOHA SPIRIT AND FOSTERING PEACE,
(Draft 2) DIPLOMACY, AND UNITY WITHIN THE COUNTY OF HAWAII, THE
STATE OF HAWAII, AND BEYOND
Seeks to promote peace, diplomacy, and civil discourse and to demonstrate
globally the values of understanding, cooperation, and peaceful coexistence with
Aloha and to observe United Nations' International Day for Disarmament and
Non-Proliferation Awareness.
Reference: Comm. 754.2
Intr. by: Ms. Kimball and Mr. Kaneali`i-Kleinfelder
Approve: GOEAC-120
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Hawaii County Council-34 March 20,2024
(Note: Comm. 754.63, from Council Member Ashley L. Kierkiewicz dated
March 20, 2024, transmitting proposed amendments to Res. 449-24, Draft 2, was
circulated.)
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Inaba.
Motion to Approve: Ms. Kimball moved to adopt Res. 449-24, Draft 2, and
Governmental Operations and External Affairs Committee
Report No. 120. Seconded by Mr. Kaneali`i-Kleinfelder.
MS. KIMBALL: Thank you. I just want to acknowledge all of the folks that
came to testify in support of this resolution and submitted testimony online. I do
appreciate the support for what we're trying to do with this resolution. We have a
very good dialogue about this in Committee, so just looking for my colleagues'
support today to continue to move this through our process. Thank you. I yield.
ACTING CHR. INABA: Thank you. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Acting Vice Chair Inaba. I
appreciate that. Our testimony this morning was good, and there is some clarity
provided. And I have to again say, I've been thinking about this, I do really like
how Ms. Kagiwada has very craftily amended the resolution to include things that
were not in the first draft, and I think it's for the better. So I look forward to
supporting this resolution as it is. Thank you.
ACTING CHR. INABA: Mahalo. Checking over in Hilo, Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I will be supporting this resolution. I
think it's an opportunity for the Council to just showcase a public and collective
commitment to ending senseless wars and the tragic loss of precious lives. And
we know that practically every corner of our world is marred in conflict and in
strife, and so I just appreciate the opportunity, through a symbolic resolution, to
just be champions of peace and aloha and compassion, and ensure that there is
dignity with every human being. And so, while I recognize that the primary aim
of the resolution is a clarion call for peace, I do want to acknowledge that there
are often overlooked repercussions of war, particularly in terms of sexual violence
and hostage situations. And so I'm proposing an amendment to this resolution.
Motion to Amend: Ms. Kierkiewicz moved to amend Res. 449-24, Draft 2,
with the contents of Comm. 754.63. Seconded by
Ms. Galimba.
ACTING CHR. INABA: Council Member Kierkiewicz.
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Hawaii County Council-34 March 20,2024
MS. KIERKIEWICZ: Thank you, Chair. And for folks that are watching, I want
to read this particular amendment. It states, "WHEREAS, during times of conflict
and war, there is a significant increase in the incidence of sexual violence, hostage
situations, and other human rights violations, leading to humanitarian crises and
making efforts to foster peace all the more necessary to prevent such atrocities
and uphold the dignity of all individuals impacted by armed conflict." It really
does spotlight some of the harrowing realities of war. And these war crimes of
sexual violence, taking hostages, starvation, oppression, all of this just perpetuates
the desire for revenge, making it all the more critical to call for peace.
And I recall, very recently, an article by the United Nations. There was a very
poignant quote that I just wanted to end with. A senior UN(United Nations)
official said the goal is not a war without rape, but a world without war. So,
again, a friendly amendment and just looking for everyone's support on this.
Thank you. I yield.
ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Bringing it
here to Kona, any discussion on the amendment? Council Member Kagiwada.
MS. KAGIWADA: Thank you. Thank you to my colleague for adding this
piece. I am supportive of the language. I just want to urge I guess, or ask, this
body that if we do amend, that we are able to suspend our rules in order to get this
to the State as soon as possible. My understanding is it may or it may not have
stalled out at the State level, but now is the time to weigh in if we want to put this
forward. I believe it's very important that we do so and hope that we can, if we
support the amendment, still waive our rules even though it is a change to the
resolution. Thank you.
ACTING CHR. INABA: Thank you. Any further discussion on the amendment?
Council Member Villegas.
MS. VILLEGAS: Thank you, Council Member Kagiwada, for clarifying that and
bringing into alignment the timing necessary to keep this moving forward. I'll
support the amendment and I support the resolution, but there's a part of me that
just wants to scream the blatant, poignant, simple statement of my heart, which is
"Stop bombing Gaza." We transitioned and I appreciate, within this political and
diplomatic realm, the vulnerabilities that we all sit in because here we are
representing our districts and our people, but we also have to represent our hearts,
and it's a vulnerable place to be in.
And this resolution brought forth in the spirit of fostering peace and diplomacy
and unity within our County and the State of Hawaii, but we also have the
opportunity, sitting in these seats, to make statements for the betterment of our
world hopefully on a specific topic, which is what most of the conversations I've
been having recently with my constituents have been about. And they are directly
related to the United States' involvement in the war and genocide against the
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Hawaii County Council-34 March 20,2024
Palestinian people in Gaza and it's heartbreaking. It's devastating. Two wrongs
don't make a right. No. But I think of just a simple little fight. It's far surpassed.
It's far surpassed any justifiable retaliation and what we're seeing and the loss of
life and innocent women and children. And that breeds war for generations to
come. So I would be remiss if I did not take the opportunity to speak from my
heart here today, and that is my intention in voting in support of this piece of
legislation, is that we stop our support of this war. I yield.
ACTING CHR. INABA: Thank you. There's a motion on the floor to amend
Resolution 449-24, Draft 2, with the contents of Communication 754.63. All
those in favor, please say "aye."
Vote on Motion to The motion to amend Res. 449-24, Draft 2, with the
Amend: contents of Comm. 754.63 was carried by the following
(Approved) voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Villegas, and Acting Chair Inaba—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Vote on Motion to Ms. Kagiwada moved to suspend Council Rule 23 to waive
Suspend Council the holdover for the substantive amendment of
Rules: Res. 449-24, Draft 2. Seconded by Ms. Villegas and
(Approved) carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Villegas, and Acting Chair Inaba—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
ACTING CHR. INABA: Back to the main motion; Resolution 449-24, Draft 2,
as amended. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I just want to emphasize that the
resolution at the State Legislature, which was S.R. 6 (Senate Resolution 6), S.D. 1
(Senate Draft 1), was passed out of the Senate Public Safety and
Intergovernmental and Military Affairs Committee with the recommendation to
adopt. My understanding is the leadership at the Legislature may not be willing
to hear or go along with this, and I just urge everybody to please have their voices
heard on this very important issue. And we will be sending this along to all of our
representatives and senators at the State level. Thank you.
Page 33
Hawaii County Council-34 March 20,2024
ACTING CHR. INABA: Thank you. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'd like to commend the community,
especially Mr. Albertini, Tanya Aynessazian, Anna Kahoopi`i, too, for being
present and for pushing, pushing, pushing. Today's testimony from, I think it
was, Daniel Li was simple but elegant in simplicity. If you have two neighbors
fighting and you just stood there and watched, you'd be in the wrong. But if you
went over and you chose one side or the other instead of just fighting the fire, then
you've just done an injustice to your neighbors. So that simplicity and that
approach I think really is where I see us standing. I don't see us fixing the
conflict by this resolution, but I do feel that by lending our voice to being in the
right that we're making the right choice. And so I hope this sends a good
message to anyone who's willing to watch or listen to what we do. And it's just
good for us to lend our voice to being a solution to a problem, versus trying to
pick a side. It's just our duty as humans.
ACTING CHR. INABA: Any further comment? If not, thank you very much to
the introducers of this measure and to our testifiers for coming and sharing
mana`o throughout the three readings. With that, there's a motion on the floor to
approve Resolution 449-24, Draft 2, as amended. All those in favor,please say
Ic aye.
Vote on Res. 449-24: The motion to adopt Res. 449-24, Draft 2, as amended to
Draft 3 Draft 3, and Governmental Operations and External Affairs
(Adopted) Committee Report No. 120 was carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Villegas, and Acting Chair Inaba—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to
Chair Kimball.
CHR. KIMBALL: Thank you. It's 11:45 but we are going to take a brief recess
at the request of several members. So let's go ahead and take 15 minutes. We'll
start again at noon. No? Five minutes? All right, five minutes. We will start
again at 11:50.
Recess: At 11:45 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:53 a.m.
Page 34
Hawaii County Council-34 March 20,2024
Res. 453-24: 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 ARC OF HILO FOR THE
3RD ANNUAL KING KAMEHAMEHA'S AWESOME ATHLETES INCLUSIVE
CANOE RACE
Transfers $2,100 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 769
Intr. by: Ms. Lee Loy
Motion to Approve: Mr. Inaba moved to adopt Res. 453-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion? Council Member Evans.
MS. EVANS: Thank you. I just want to say how moving the testimony was and
that it just thrills me that again we're dealing with offering opportunities for our
special needs community. And I wish Member Lee Loy was here. I know she'd
be in strong support. But it was just heartening just to hear how it's expanded.
This will be their third annual, and I look forward to it growing. And we'll see
how it evolves over the years, but in strong support. Thank you.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 453-24: The motion to adopt Res. 453-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
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Hawaii County Council-34 March 20,2024
Res. 454-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
20TH ANNUAL CELEBRATION OF LIFE EVENT
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 770
Intr. by: Ms. Lee Loy
Motion to Approve: Mr. Inaba moved to adopt Res. 454-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion? Council Member.
MR. INABA: Just on behalf of Council Member Lee Loy, wanted to share that
this 20'h Annual Celebration of Life will be held at Reeds Bay park on May 26
this year. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing none, all
those in favor please say "aye."
Vote on Res. 454-24: The motion to adopt Res. 454-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 455-24: 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 MERRIE MONARCH
FESTIVAL FOR EXPENSES RELATED TO THE 61sT ANNUAL MERRIE
MONARCH FESTIVAL
Transfers $19,637 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 771
Intr. by: Ms. Lee Loy
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Hawaii County Council-34 March 20,2024
Motion to Approve: Mr. Inaba moved to adopt Res. 455-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Any discussion? Vice Chair Inaba.
MR. INABA: I just wanted to take this opportunity to mahalo Council
Member Lee Loy for support of this hometown event for her, and welcome the
public to come out on the Merrie Monarch Day Parade to see some familiar faces
from the Council in the parade. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? All right. All
those in favor of adopting Resolution 455-24, please say "aye."
Vote on Res. 455-24: The motion to adopt Res. 455-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 456-24: 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 ARC OF HILO FOR THE
3RD ANNUAL KING KAMEHAMEHA'S AWESOME ATHLETES INCLUSIVE
CANOE RACE
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 772
Intr. by: Ms. Kimball
Motion to Approve: Mr. Inaba moved to adopt Res. 456-24. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: With my colleagues' allowance, I'll just say I'm just happy to
join my colleagues Council Member Lee Loy and Council Member Kagiwada to
support this really great event. As a paddler person myself, I just can appreciate
the smiles and the excitement of the day of all of these folks having their
opportunities to participate as real athletes in the wa`a on the ocean. So just ask
for my colleagues' support, and I hope you'll all consider coming down on
June 2nd. It's really just a heartwarming, fun-filled event. All those in favor of
adopting Resolution 456-24, please say "aye."
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Hawaii County Council-34 March 20,2024
Vote on Res. 456-24: The motion to adopt Res. 456-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Lee Loy and Villegas —2.
Excused: None.
Res. 457-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HANA LAULIMA LAHUI O
KAT INC. FOR ITS 8TH ANNUAL PRINCE KUHIO DAY HO`OLAULE`A
Transfers $9,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 773
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 457-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. Just ask for my colleagues' support for this great
event by a community group that does a lot of good things supporting agriculture
and Hawaiian culture. It's March 30'h at the N5'51ehu County park in case you
happen to be down there in the south.
CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 457-24: The motion to adopt Res. 457-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-34 March 20,2024
Res. 458-24: 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 BIG ISLAND
RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST
WITH EXPENSES RELATED TO THE 2024 KAT COFFEE FESTIVAL
Transfers $7,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 774
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 458-24. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. Again, ask for my colleagues' support for this
event. It's the first year that it's going to go back live after COVID (coronavirus
disease). I had the privilege of being able to actually write the grant for the first
Ka`u Coffee Festival back in 2008, and so it's kind of fun to actually be providing
funding now. But it's a great event. You have to be really careful because you
don't even have to drink coffee to get buzzed out of your mind. There's just so
much coffee in the yes, thanks.
CHR. KIMBALL: All right. Way to sell it, Council Member Galimba. Any
further discussion on this? Seeing none, all those in favor please say "aye."
Vote on Res. 458-24: The motion to adopt Res. 458-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-34 March 20,2024
Res. 459-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR
ITS COMMUNITY-BASED REENTRY AND RECOVERY HOUSING
PROGRAM IN KONA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 775
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 459-24. Seconded by
Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Just ask for support. This is to keep our communities safe and also
to support Going Home Hawai`i's mission of supporting those making the
transition back to community. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair. Anyone else? Just always appreciate
Going Home and Les Estrada. I think they're doing a wonderful job. They have
such a great success rate. And so thank you for supporting their efforts. I'm
happy to support this resolution. All those in favor of adopting
Resolution 459-24, please say "aye."
Vote on Res. 459-24: The motion to adopt Res. 459-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-34 March 20,2024
Res. 460-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE AN ICE MACHINE AND WATER
FILTRATION SYSTEM FOR THE MAKALEI FIRE STATION
Transfers $7,700 from the Clerk-Council Services –Contingency Relief account
(Council District 8); and credits to the Hawaii Fire Department, Fire Auxiliary
Service Equipment account.
Reference: Comm. 776
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 460-24. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Ask for my colleagues' support. I do have two fire stations in my
district—well, three, including a volunteer fire station. But I do take the
opportunity each year to check in with both stations to see what's needed. So we
recently approved the resolution for some equipment down at Kailua, and this is
to address needs at the Makalei Fire Station as you depart North Kona. Mahalo.
CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I love these ones because the simplicity of
an ice machine providing such joy to the people who work and have access to one
is awesome. I totally support this. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Evans.
MS. EVANS: Thank you. In support. Offer comments on, again, the
Department of Finance is probably the ones that drafted this resolution and
attached the fund request. Just want to point out I also did an ice machine
infiltration system, and it was not nearly the cost of 7,700. I did it last year. And
I was kind of like "Oh, did I write the resolution correct," so that I wanted to
make sure the fire station, if they needed other equipment, could they use it? And
I was told no. The point being is this is much more expensive, and I also put in
for quite a bit and found out—so I don't know what happens.
I guess my point is, if they don't spend the 7,700 because the cost of the ice
machine and the filtration might be $3,000 or $4,000, what happens to the
remaining? And should we be working with Finance, who's writing these
resolutions, so that we make sure that they write language that has a little more
wiggle room or flexibility? I don't know. I'm just pointing it out because I got
stuck last year with that.
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Hawaii County Council-34 March 20,2024
CHR. KIMBALL: Thank you, Council Member Evans. I'll respond. Actually,
the district staff write these contingency fund resolutions as well as fill out the
contingency relief request. If the awardee does not use the entirety of the funds,
there would have to be a subsequent resolution that accepts those funds back, in
which case they go to the General Fund and not to the Council Member's
contingency fund. So it's important for Council Members to be mindful that
when they designate a certain amount, it's as close to accurate as possible. And I
don't know if Vice Chair Inaba wants to expand on how you got to the number of
7,700. I'll pass it to you to respond to that.
MR. INABA: Sure. Since there have been recent purchases of ice machines and
water filtration systems, the Fire Department did have the number to provide. So
the time line is close and we're coming on the last quarter of the fiscal year. I
have assurances from the Fire Department that this would get purchased, and
Chief Todd is in Hilo chambers to confirm that. Right, Chief?
(Note: At this time, Fire Chief Kazuo Todd came forward to address the
members of the Council.)
MR. TODD: Most recently, our bids that had gone out, some of them had come
over what our Council resolution's funds were. So the most recent numbers are
based off of our most recent purchases. It's somewhat of a random process. It
goes out, and then obviously if we get bids, then we go with the low bid based on
the specifications given. Some of it also changes from station to station, as some
stations don't have physical space to store. So we're buying a smaller, lighter
unit, which can also bring the price down based on what amount of ice is being
able to be created each day and then how much they're able to store. So there is
some variation from station, which is why you'll see that. And the numbers
provided to Holeka were based off of Station 7 and their existing space and
capacity and what they can use, essentially.
MR. INABA: Thank you, Chief Todd. Chair, I yield.
CHR. KIMBALL: Thank you, Council Member. Any further clarification?
Okay, great. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I've got to weigh in here because I own an
ice machine as a restaurant owner. You need to have a big bin for storage, but
you've also got to have a head that can produce what's needed, but not over
because it will make ice all night long. So I understand we're trying to get the
numbers, but the reality is you just need an ice machine that can put out enough
ice over a given amount of time to make everyone's coolers full, what they need it
for, and then have the storage to have it filled overnight so you're not draining it
empty every day. So I appreciate the methodology, but I mean you just need a
good enough ice machine to make sure people get ice in their coolers to keep
things cold. Thank you.
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Hawaii County Council-34 March 20,2024
CHR. KIMBALL: All right, thank you. With that, we'll proceed to the vote on
this item. All those in favor of adopting Resolution 460-24, please say "aye."
Vote on Res. 460-24: The motion to adopt Res. 460-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Res. 461-24: 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 BIG ISLAND
RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE
PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL
DISTRICT 8
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 777
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 461-24. Seconded by
Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: We used to see a lot of these types of resolutions before, and then
there was a break in the citric acid supply and then the partnership with the
nonprofit. But, as we can see, we're back and have a nonprofit willing to work.
And in my district, this is still a request from my constituents, and there are hui
throughout the district who are avid coqui frog hunters. So ask for your support
in providing some relief financially to those who not just service their own
property, but the greater neighborhoods and communities in my district. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I just want to say I'm glad that in your
district you are still able to try to evade coqui frogs. In my district, we have
surrendered to the coqui frog pretty much. Happy to support. I do want to just
put out there that I have asked R&D to look into potentially, for my district, the
question is little fire ant abatement. So the potential of providing some resources
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Hawaii County Council-34 March 20,2024
to some of the folks in my district. And I would be interested to know if people in
the public would, in general, be interested in that so that we can see if Research
and Development can maybe go down that path as well. So, like I said, we're no
longer fighting the good fight in Hilo on the coqui frogs, but happy to support you
in doing that in your community. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council
Member Evans.
MS. EVANS: Thank you. I'm very supportive because it sounds like you have
the volunteers and the passion. Twenty years of fighting coqui frogs in
North Kohala, they finally gave up. It was just every weekend, every night, in the
middle of the night, going at nighttime, finding them. And the reason they
couldn't defeat it is all the gulches. Unless you're spraying all those gulches up
there, you just can't defeat them because they come through the gulches. So they
finally just exhausted themselves. So I just have a question. Does the Big Island
Resource Conservation Development Council cover the entire island, or just
West Hawaii?
CHR. KIMBALL: For this program with the citric acid?
MS. EVANS: Right.
CHR. KIMBALL: They cover the entire island. So anybody from the Council
wishing to participate in the citric acid program can use this organization.
MS. EVANS: And this organization will identify the volunteers?
CHR. KIMBALL: No. That remains the responsibility of the Council Member to
distribute the citric acid.
MS. EVANS: Oh. I didn't know that.
CHR. KIMBALL: Vice Chair Inaba, you want to answer that?
MR. INABA: Yeah, sorry, and I guess I'll just take this opportunity, since we
haven't had it in a while. These funds would be used to purchase bags. And
depending on the Council Member's preference, in some cases the citric acid
would be available here for constituent pickup. But, for my office, we distribute
vouchers verifying that folks coming to get it do live in the district, and then they
go directly to, before it was Ace, to go and pick up their citric acid bag. So we
never, ourselves, took possession of the citric acid;just the vouchers, yes.
MS. EVANS: Oh. I never heard of this. Thank you.
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Hawaii County Council-34 March 20,2024
CHR. KIMBALL: Yeah, happy to fill you in a little bit more in detail about this
program and how your office might be able to take advantage of it. With that, I
just want to make sure to give a plug for Hawaii Ant Lab as well as the
Big Island Invasive Species Committee with respect to the fire ant issue, also
another one that I think we're all battling at various fronts. So thank you for
raising that as well, Council Member Kagiwada. With that, we'll move forward
with the vote on Resolution 461-24. All those in favor, please say "aye."
Vote on Res. 461-24: The motion to adopt Res. 461-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Res. 462-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO
MULTI-FUNCTION COPY MACHINES FOR THE OFFICE OF
MANAGEMENT
Authorizes the Mayor to enter into four-year lease agreements with an approximate
monthly cost of$600 for both copiers, to be used by the department's Hilo and
Kona offices.
Reference: Comm. 778
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 462-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 462-24.
(Adopted) Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-34 March 20,2024
Res. 463-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR
THREE MULTI-FUNCTION COPY MACHINES FOR THE PLANNING
DEPARTMENT
Authorizes the Mayor to enter into five-year lease agreements with an approximate
monthly cost of$275 for each copier, to be used by the department's Hilo and Kona
offices.
Reference: Comm. 779
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 463-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 463-24.
(Adopted) Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983
(Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING
TO COMMERCIAL BICYCLE TOURS
Seeks to prohibit the operation of commercial bicycle tours on a portion of
Kohala Mountain Road and a portion of the Akoni Pule Highway.
Reference: Comm. 679.45
Intr. by: Ms. Evans
Negative: PCPLUD-9 (Due to a vote of 4-ayes,
4-noes, 1-absent)
Motion to Approve: Ms. Evans moved to pass Bill 125, Draft 2, on first reading.
Seconded by Ms. Villegas.
CHR. KIMBALL: Council Member Evans.
MS. EVANS: Thank you. I ask my colleagues to support this. The Kohala
Mountain Road is truly a main corridor between Hawi and Kapa`au to get to
Waimea. There's so many services in Waimea. So people are moving all the
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Hawaii County Council-34 March 20,2024
time across the road. And on Kohala Mountain Road, we have a lot of ranchers, a
lot of cattle farms. And so there's a lot of activity that goes on on that road. And
then also when you leave the Kapa`au area and head out to Pololu Valley
Lookout, it's very windy with the single-lane bridges, and it's just a challenging
road. Those roads in the old days, when they were originally built, were
sugarcane plantation. That's where they had over 10,000 acres of sugarcane.
And things moved pretty slow in those days. Well, nowI'm going to say,
"Harry Styles, things aren't the way they were."
And so, now, what we have is we have more and more people that are moving
there. It is at the end of the road. It's for tourists. It's a beautiful place to go.
The scenic road, if you go over Kohala Mountain Road, is just a beautiful scenic
road. If you go out to Pololu Valley Lookout, it's just amazing. And I think, after
COVID, we have people coming here and the tourists wanting to have tourist
experiences. And I think this is just one of those times where things have
changed, and we're being asked to address the changes that have come.
I want to thank my community who came out and testified. I do believe that their
comment, that most of the people were senior citizens because most of the other
people are working. And so that's always a challenge to get testimony from those
that have to drive to and from Waimea to go to work. But I ask for your favorable
vote on this and I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Council
Member Kagiwada.
MS. KAGIWADA: Thank you. I appreciate your speaking up for your
constituents on this. I do not doubt and I agree that these two stretches of these
two roads are very dangerous. I don't think that this particular bill fixes that. I
think they're dangerous because there are many drivers, both local and, as
somebody pointed out, tourists in rental cars. There are cyclists, both local
cyclists and potentially bike tours. And there are even, as somebody mentioned,
keiki walking to school on a section of this road.
So the roads, I believe, need to be addressed as dangerous stretches of roads. I
would support you working with DPW (Department of Public Works)to address
how dangerous these roads are, and potentially working with our brand new Safe
Routes to School Coordinator Dennis Kauka, Jr.,who also resides in DPW, to
look at that stretch, especially to the schools, and making that safer for children to
walk to school.
But this bill, I guess I was kind of thinking in a metaphor. To me, it's a gaping
wound and you're talking about a tiny Band-Aid that I don't think is the answer to
this problem. I think looking at the dangerous stretches of road and what we can
do for those dangerous stretches by engineering, design, speed limits, whatever it
takes to try to make it safer for all these users. I feel like you said, that when you
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Hawaii County Council-34 March 20,2024
talked to the bike tour companies, they were like, "Oh, it's okay. We can go other
places, potentially." I'm just wondering, can you ask them to just, you know, if
that would make your community feel better, to not—it sounded like they were
amenable to just use other routes for their bike tours. Was that—? I just feel like
this issue should be addressed, and it should be addressed in a real way. Happy to
support that happening, but I can't support this bill. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member
MS. KIERKIEWICZ: Chair?
CHR. KIMBALL: Let me go to Council Member Villegas, and then I'll go over
to you, Council Member Kierkiewicz. Thank you.
MS. KIERKIEWICZ: Thank you.
MS. VILLEGAS: First off, I really want to thank all the testifiers that came out
today in support of this piece of legislation, and Council Member Evans bringing
it forth, and using their voices to communicate to us the serious issue that bike
tours are creating on roads that were designed for very rural purposes, and are
already inundated with use due to tourism. And that area of our island being
highly sought after as the destination for its beautiful view plains. It's attractive
because it is rural.
And as much as humans create spaces that are very tightly packed and
overpopulated, a lot of us really yearn for the spaces of broad, big sky and no
human-made structures. And I think that's what the bike tours are looking for
too. Unfortunately, they're not compatible with those roadways. And I go back
towhich, to me, I was taught by my predecessors on the Council that when
issues come before Council that are specific to our districts and we have the
support of the Administration, especially the Police Department, that it feels
trivial to try and poke holes in it or say that a Council Member should take on a
bigger, broader issue to fix the roads in her rural district. I mean, I can't even get
roads in my most urban district in Kona.
I would really encourage my fellow County Council Members to honor and
respect the Council Member that brought this forward, and her not going after or
taking into account any of the roads in anybody else's districts, but representing
specifically the people of District 9 and the roads that they drive on, the rural
nature, the health and safety of the people there. I lived up in Hawi for a year in
middle school. It is very rural and it is a beautiful place and everyone knows one
another. But it is being inundated by a lot of wealth, those seeing opportunity to
have the retired life or sometimes the business opportunity.
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Hawaii County Council-34 March 20,2024
Something dawned on me driving to work today, as I saw another business that
was a dolphin discovery, and there was another one. And it just likened back into
my mind, like, if local people didn't create these business economies and it's
people that come from external and identify it, there's usually a reason why the
kama`aina or the maka`ainana who are the cultural experts of this place did not
start that business in that area because there were reasons not to. And there are
value systems in place that incorporated more than personal profit margins. So
that's just something in the broader picture that's been dawning on me, and I'll be
wholeheartedly supporting this legislation.
Council Member Evans, you've been incredibly patient. You have been diligent
in not only making amendments that were proposed, but very patient with all
kinds of scrutiny on this. And I just am really grateful for your community
showing up today. And getting to hear it from their mouths, it's incredibly
powerful and it's incredibly helpful to those of us on Council who have this
challenging job. So thank you and I'll be supporting wholeheartedly. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Over to you, Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. And I just want to take a moment to
acknowledge Council Member Evans for being a very strong advocate for
community, and members of this particular community coming forward to just
talk about the public safety issues in relation to these roads.
During Committee, I urged the development of an ad hoc committee, the adoption
of a more holistic approach. I'm a real kind of process girl, and so I think about if
there are future members of this Council that want to add roads to this particular
exhibit, there's really no guiding criteria. And so,when I think about when we
want to put in speed tables or traffic signs, oftentimes there is guiding criteria in
our Code to justify placement and then coordination with Public Works for those
particular items.
Council Member Evans, I really want to support you in this. There is a need. I
would feel more comfortable if there was some guiding criteria, very simple. And
if you would be amenable, I'd like to work with your office in the next couple of
weeks on that particular language because I think you would really just strengthen
what you are trying to do here, and also create a process for future Council
Members to do the same if this is an issue that they are facing in their district. So
I'm just wondering if we could put a pause for two weeks, work together on some
amendments. And I think that would assuage some of the concerns that some of
the other members of this body are feeling. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else?
Council Member Galimba.
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Hawaii County Council-34 March 20,2024
MS. GALIMBA: Thank you. So, yes, similarly I do recognize the dangerousness
of those roads and the problem that exists. I guess, and as I've said before, there's
definitely some—when I was thinking about it, actually, I mean there'sI
wouldn't recommend a commercial bike tour on any road in my district. Either
it's too windy—I mean, the road between here and Ka`u is just horrible. It's just
like Kohala Mountain Road, and there's several other very specific roads. So
there's sort of, for me, I don't doubt the need, the sort of problem that exists.
And I guess it's more around the process part of it that I have some reservations
and would like to again look at it more holistically. And maybe I shouldI don't
know if Council Member Kierkiewicz is working with you, but I don't know if
with Sunshine Law I can also perhaps talk with you. But perhaps I could. So I
guess right now, as it exists, I can't support it, but also just wanted to say that I do
have similar problems in my district.
And I guess the other part of it is this is almost like one of those complaint-driven
situations. So it's not that we think other roads are safe if we single out these two.
And there's sort of that implication there that, "Okay, we're saying those two are
not safe and the others are safe,"which kind of came up in the testimony and
which is sort of an unintended consequence of this. So I think that's kind of
important to think through, like are we saying that other roads are safe? We really
aren't. So that's kind of where I stand right now, and I will yield for the moment.
CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Vice
Chair Inaba.
MR. INABA: Just a quick comment to support the intention here. Do I think it
could be better? Yeah. Do I know how to make it better? No. So I'll support it
as it is. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I'd just like to see a show of
hands of anyone who has actually ridden or driven on one of these roads. Okay,
everyone's done it. How many times? Is it more than once in the past five years?
One more time, raise those hands. Let me see them. All of these roads? All
meaning two. Okay. Kohala Mountain Road, more than once in the last five
years? With a horse trailer? Okay.
So we all understand that there's a dangerous aspect to driving these roads with
people who don't really know how to ride bikes, potentially, with no shoulders.
And we've driven these roads before in the past. That's good. That's good to
hear. I like that.
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Hawaii County Council-34 March 20,2024
I like Mr. Inaba's comments. Could it better? Yes. Could there be more
definitions? Could there be more strategy? Could there be more permitting and
fees and different things put in there? Yes, there could. Does it do what the
community is asking her to do? Yes, it does. Is it enforceable by our own Police
Chief? Yes, it is. Does it affect anyone else's district? Not that I can see. So
she's created a district-specific bill that protects public safety in her area with a
multitude of testifiers on her behalf this morning, and not one in opposition, and
we all are questioning whether it's doing what it needs to and it's in the right. At
that point, I really do question what the foundation of thought is behind the
Council when we look at any piece of legislation as far as what we want it to do.
So the simplicity of Mr. Inaba's comments are beautiful because he's saying
could it be better? Yes. But does it do what it needs to do? Yes. And has she
listened to her community? Yes, she has. And did they show up to testify on her
behalf in more than two? Yes. Just that alone is powerful because usually
nobody shows up for the most important things we do. But having 15 people
show up this morning, take time out of their day to show up and testify on behalf
of Ms. Evans' bills, to me that says a lot. With that said, I'm going to support
this. The Chief of Police came and supported it. You created enforceability
within your community. There's other places to ride bikes.
In my eyes, I didn't see one industry person show up today and say, "I'm against
this bill because it's going to cost my company money." They haven't come
down to show up. That tells me they're not concerned about it. And you're on
three readings now? Two readings? But the community did show up and say, "I
support this and for these reasons," mainly being public safety and a worry for the
community, both visitors and residents.
My one thing where I think you could find a middle ground is the ordinance
effective date. If you were to change the effective date, you sent a message to the
community—and if the measure passed you would change the messaging to
"We do find this important. The community, we did listen to you. We passed the
bill." And you give any of the ingenious Council Members time, or yourself, to
come up with a better set of rules somewhere within this in the next six months,
three months, one year, while you pass the bill. But the effective date makes it sit
while we better craft it.
I cannot think that this issue is best left unchecked, and that we should do
something. But to do nothing because it could be better is an injustice to our
community and the folks who showed up this morning. I'm going to support this,
because when I see an issue in my community and I want to address it, I want to
know I have the Council's support regardless of what they think. If the
community and the Chief of Police—we can all agree this needs to happen then
it needs to be supported for our community, and she's done that in this bill. So
I'm going to support this today, Ms. Evans. If you can find better ways to do it,
like Ms. Kierkiewicz said she'll work with you, good. If you give it a longer
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effective date, goes into effect in six months, that's plenty of time for anyone to
come up with something beautiful to add to this. But, to date, no one's added
anything. They just questioned whether it's good enough and I don't like that. So
you have my support. Thank you.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Council
Member Evans.
MS. EVANS: Thank you. Today, it is first reading and I did love this discussion.
I would really like to advance it to second reading, but work on amendments to
bring to the Council next time. I like the idea of changing the approval date. I
like the idea of talking to Member Kierkiewicz to see if she has some thoughts
possibly on a little bit more guidance on what her thinking was because we don't
have time to really talk about it right now. So that would be my recommendation,
is to bring it back with amendments.
CHR. KIMBALL: So if I may make my comments at this point before we take
any further action?
MS. EVANS: Yeah.
CHR. KIMBALL: First of all, I want to respond to a couple things,procedural
and philosophical. First, I don't think that it should ever be interpreted that if
somebody disagrees with another Council Member's legislation, that that is in any
way a sign of disrespect for that other Council Member. I think the purpose of
this body is to negotiate legislation. And if we disagree, we need to be able to
express our foundation for that disagreement and acknowledge that this is the
process. It is never meant to show disrespect for another colleague.
Secondly, I would say that we, as Council Members, represent our districts but we
serve the entire County. And, for me, the Code itself represents a series of
guidelines that are expansive around the entire County, and we should not get in
the habit of exclusively legislating within the Code for specific areas. We should
be developing policies that are broadly applicable across the County. I think
we've all got areas in our district where these bike tours are an issue. We would
all like to see it resolved.
I think that, with respect to the comment that was made most recently about no
one else proposing amendments, I think actually several of us said we like this but
we want it done in a different way, and that there's no way to fix this bill because
we need a program that is broadly applicable across the County. So I would
strongly recommend that this be either held to the call of the Chair. I would not
support moving it forward today. If you would want to, I think, being receptive to
the conversation here, there's a desire for several folks to have a conversation, a
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Hawaii County Council-34 March 20,2024
deeper conversation, about how a broader policy might be developed and enacted,
I would propose that someone put forth a communication to start that ad hoc
committee at our next committee meeting.
So, if we were to vote this down today, Council Member Evans, we would not
have the opportunity to bring up a similar measure within the remainder of this
term. So my suggestion is to take the time to do it right, to get this ad hoc
committee have a deeper discussion about a policy that is going to be broadly
applicable. That's the kind of stuff that should live in the Code, in my mind, not
district-specific legislation. I think that sends us down a road that we don't
ultimately want to be going down, no puns intended with that. So that is my
position on this. I won't be supporting it today. So I pass it to you to make a
decision about how you'd like to proceed.
MS. EVANS: Okay, well, understanding where the body lies today, I would like
to, as long as I'm not violatingI don't think I'm violating the Sunshine Law
because I'm the only drafter of the bill, but I would like to take up Member
Kierkiewicz' offer to talk with me about this. I would like to postpone this and
bring it back, but having said that, there's three legislators that are going to be
gone. What's the date that they are going to be gone?
CHR. KIMBALL: That is going to be there'll be two of us gone on the
April 17'h meeting. So I'm going to suggest just"call of the Chair." That gives
you time to have that conversation, see how that goes. And you can just let me
know when you're ready to bring it back to the agenda with about a two-week
advance notice, rather than a date-certain.
MS. EVANS: I definitely want to make sure that all of us are here for this
discussion. I don't really want somebody being absent because they're attending
a conference or whatever. I would like to have a full discussion of this.
CHR. KIMBALL: So maybe the first meeting in May? May I"?
MS. EVANS: May I" is fine.
CHR. KIMBALL: Okay.
MS. EVANS: Yeah.
CHR. KIMBALL: Motion to postpone to May I"?
MS. EVANS: Yes.
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Hawaii County Council-34 March 20,2024
Vote on Motion to Ms. Evans moved to postpone Bill 125, Draft 2, to May 1,
Postpone: 2024. Seconded by Mr. Inaba and carried by the following
(Approved) voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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 132: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE,
CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAHAKAI
PARK, THE"WAIAKAHIULA BEACH PARK" IN RECOGNITION OF ITS
ORIGINAL PLACE NAME
Reference: Comm. 721
Intr. by: Ms. Kierkiewicz
First Reading: March 6, 2024
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 132 on second and
final reading. Seconded by Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to
acknowledge a couple of my constituents in the Waiakahi`ula ahupua`a.
No`eau Woo-O'Brien and Leah Gouker, they had originally reached out to our
office to let us know that they had found a reconnaissance survey that was done in
Puna in the 1970s, which found culturally and historically significant features that
were there. We brought that information to Parks and Recreation, which really
catalyzed this first step which is to rename this park to honor its stories and
original place name, and to ensure that we are able within this moment to begin to
foster a pride of place. And I think that really begins with changing the name to
honor the original place.
We are, following this adoption of the bill, going to be working with Parks and
Recreation to set up a Friends of the Park agreement. And in our consultation
with the State Historic Preservation Division, or SHPD, our Hawaii Island
representative Sean Naleimaile, he's identified that an AIS, an Archeological
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Hawaii County Council-34 March 20,2024
Inventory Survey, is required in this situation. So I've alerted Parks and Rec.
(Recreation), and they are going to start moving in the direction of contracting
that work, because it's important for us to preserve those features, make sure that
they are documented in our historical inventory systems and that proper
preservation measures can be taken by members of the community.
I know that there were questions about the spelling of this place name and
whether or not the `okina should or shouldn't be there. We've consulted with
Aunty Pi`ilani Ka`awaloa and Akeamakamae Kiyuna who is an assistant
professor and Hawaiian language linguist at the University of Hawaii, and they
confirmed that we should in fact keep the `okina there. And the meaning would
be "place of the red waters." There are stories that kind of confirm this. To not
have the `okina would essentially translate to "place of the lobsters," and we do
not have lobsters in that particular `aina. So just looking for everyone's support
and really appreciate the opportunity to celebrate our past and our history, and to
reaffirm an ongoing commitment to cultural preservation and environmental
stewardship. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further
discussion? Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mahalo,
Ms. Kierkiewicz, for bringing this forward. It was good to see Ms. Gouker and
the other testifiers on the behalf of the measure.
You mentioned a few people, and one of those people actually reminded me a
long time ago, as we were looking at renaming Fissure 8, that it is incredibly
important in the naming of a place. And the reference that was given to me was
Halema`uma`u is actually named that's a name of the crater in Volcano that
continues to flow. But the actual meaning of the name is "always to flow" or "a
continuance of flow." That's how it was described to me. And I didn't realize
that. But when you hear people say, "Why does it continue to flow,"well, if you
name it something and you give it that name and everyone knows it by that, it
most likely will take on that character. I always remember that, and that was
Aunty Pi`ilani.
So, very much in support of this measure. Thank you for doing this. Always
good to see a move back to what was, and thank you for bringing this forward.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone
else? I just want to actually put a plug out. Council Member Kierkiewicz, if you
would reach out to the one testifier from the school down there and ask if she has
students wanting to participate in our Youth Congress in May, love to have her
and her students join us for that. Happy to support this moving forward. Thank
you for putting it together. All those in favor of adopting Bill 132 at second and
final reading,please say "aye."
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Hawai`i County Council-34 March 20,2024
Vote on Bill 132: The motion to pass Bill 132 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Lee Loy— 1.
Excused: None.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, Chair Kimball adjourned the meeting at
MENT: 12:48 p.m.
Council Approval: MAY 5 2024
COUNT
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