HomeMy WebLinkAboutMIN COUNCIL 2024-08-07 2022-2024 Hawaii County Council
451h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
August 7, 2024
INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair.
ROLL CALL:
Present: Ms. Heather L. Kimball, Chair
Mr. Holeka Goro Inaba, Vice Chair
Ms. Cindy Evans, Member(via videoconference from Kona)
Ms. Michelle M. Galimba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Rebecca Villegas, Member (via videoconference from Kona)
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Mr. Inaba presented the August 2024 Haweo Award to
EXPRESSIONS OF South Hilo Patrol Sergeant Bryson Pilor of the Hawaii Police Department.)
CONDOLENCE:
Recess: At 9:10 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:13 a.m.
Hawaii County Council-45 August 7,2024
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Clare Loprinzi: Res. 567-24 (Comm. 953), in support;
Res. 575-24 (Comm. 964), comment;
Bill 140 (Comm. 764), in support;
Bill 174 (Comm. 905), comment;
Bill 176, Draft 3 (Comm. 918.9), comment; and
Bill 179, Draft 2 (Comm. 929.2), comment.
Chuck Flaherty: Res. 561-24 (Comm. 941), in support.
(representing Sierra Club —
Hawai`i Island Group)
Noreen Luiz: Bill 174 (Comm. 905), in support.
Deborah Ward: Res. 561-24 (Comm. 941), in support.
(See Comm. 941.48)
Alohalani Hope Cermelj: Res. 577-24 (Comm. 966), comment;
Bill 140 (Comm. 764), in support;
Bill 174 (Comm. 905), comment;
Bill 179, Draft 2 (Comm. 929.2), comment; and
Bill 183 (Comm. 942), comment.
Sharman O'Shea: Res. 572-24 (Comm. 958), in support.
(representing Alanui `O Ka`u)
Debbie Hecht: Res. 561-24 (Comm. 941); and
Bill 174 (Comm. 905), in support.
(See Comm. 941.18)
Joel Gimpel: Res. 561-24 (Comm. 941), in support.
(representing Pualani Estates (See Comm. 941.16)
Homeowners' Association)
John Powell: Res. 561-24 (Comm. 941), in support.
(See Comm. 941.39)
Jon Olson: Bill 140 (Comm. 764), comment.
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Hawaii County Council-45 August 7,2024
Cindy Freitas: Res. 561-24 (Comm. 941), in support;
Res. 575-24 (Comm. 964), in support;
Bill 140 (Comm. 764), in opposition;
Bill 174 (Comm. 905), comment;
Bill 176, Draft 3 (Comm. 918.9), comment; and
Bill 183 (Comm. 942), in opposition.
(See Comm. 941.15)
Renee Godoy: Res. 571-24 (Comm. 957), in support.
(representing Friends of First
Responders)
John Requelman: Res. 571-24 (Comm. 957), in support.
(representing Friends of First
Responders)
Joshua Gouveia: Res. 571-24 (Comm. 957), in support.
(representing Friends of First
Responders)
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
RES. 561-24 The following individuals registered to speak and came forward when called by
(COMM. 941): the Chair:
Elizabeth Dunn: In support.
(See Comm. 941.13)
Janet Matlock: Comment.
(See Comm. 941.32)
Diane Blancett-Maddock: In support.
David Blancett-Maddock: In support.
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Hawaii County Council-45 August 7,2024
Res. 561-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR A
CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE
PROPERTY IDENTIFIED AS TAX MAP KEYS: 7-6-021:016 AND 017,
SITUATED IN HOLUALOA, DISTRICT OF NORTH KONA, UTILIZING THE
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
The County seeks to acquire approximately 68.84 acres of land to protect and
preserve cultural and natural resources and open certain areas of the property for
education, gathering, and cultural practices. The parcel is listed as priority number
eight in the 2022 Annual Report of the Public Access, Open Space, and Natural
Resources Preservation Commission.
Reference: Comm. 941
Intr. by: Ms. Villegas
Approve: LAAC-66
Motion to Approve: Ms. Villegas moved to adopt Res. 561-24 and Legislative
Approvals and Acquisitions Committee Report No. 66.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: I just want to start off by thanking everyone that came and
testified in person in support of this resolution, as well as the approximately
40 members of the community that sent in written testimony. Your testimony
today was clear, accurate, and a truthful representation of the process that we're
going through here. And what I'm asking for through this resolution is for the
County Council to approve, or the Department of Finance, to move forward with
looking into the opportunity to purchase the property.
I'd like to point out that when we were deliberating during Committee, the
representative of the developer said quite specifically that they didn't have a
perspective on this, so they weren't going to make a statement about it. So we've
been navigating some challenging conversations here in Council regarding this
property, and some of the other pieces of legislation that have been brought forth
regarding it. And this is an effort and a pathway to a greatest, best outcome for
our community for this land and for the future of Kona.
I've spent a lot of time. I'm not sure how many of my colleagues have had the
opportunity to look through the Kona Open Space Network documentation that
actually is in existence and has already been created by the Planning Department,
and being worked on by the Kona CDP (Community Development Plan). And as
I look through these documents, it's actually quite validating. Because, within
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Hawaii County Council-45 August 7,2024
these documents are a watershed management and recharge priority areas that are
defined by the Kona CDP and a strategy under the environmental resources
section returning stormwater management into an asset.
Our State topography and undefined drainageways present a challenge in
managing stormwater runoff. This piece of property is one of those pieces of
property with devastating hundred-year flooding. And we all know, through
climate change, that's happening much more often. There's also comments here
from UHERO (University of Hawaii Economic Research Organization),
providing an analysis of the relative effectiveness of watershed conservation and
restoration efforts in terms of groundwater recharge. This area of the island is
currently under a mandatory 25 percent water usage reduction, because two wells
have gone offline.
So if you haven't had a chance to look through this document I know my time's
just about up, but I'll come back for a couple more things that I'd like to point
out. There's a creating co-benefit for weather, natural and climate impacts,
through open space section that talks about examples of ecosystems, services that
can be connected by a network of open spaces. And when you look at this
property and if you know this area of Kona and everything that's already in
existence there, this is an ideal location for a piece of property to be preserved
through purchasing through the open space fund, and then ideally incorporated
into the Kona Open Space Network. It meets just about every one of these criteria
here.
And so I urge my colleagues on the Council to support this resolution moving
through today, but at this point, I'll stop. I have some other things to say after,
but I'll open the floor to my colleagues for comments. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. All right, starting over
here in Hilo, any comments from the body? Council Member Galimba.
MS. GALIMBA: Thank you, Chair. I am a big fan of the PONC (Public Access,
Open Space, and Natural Resources Preservation Commission)program in
general. I'm not against this property being considered for a PONC acquisition.
As I stated before, I have a couple of reasons why I'm not comfortable with
voting for it at this time, one of them being—and this is the lesser of the two
reasons being the unwilling seller. In general, I don't think it's a good idea to
be putting County resources towards chasing an unwilling seller.
But the more important reason is we are in the middle of making a decision on
this property that affects its value. So I feel that,personally, that there is a kind of
complication and almost conflict of interest that we are creating in taking this
measure up at this time. So it has nothing to do with takings. It has to do with
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Hawaii County Council-45 August 7,2024
timing and the kind of decisions that we are in the middle of right now. So if it
was after we had made those decisions, one way or the other, I would probably
vote for this. So that is where I stand right now.
CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else over here
in Hilo? Checking in with you, Council Member Evans.
MS. EVANS: Yes, please. I'd like to—we have Hamana here with us.
Hamana Ventura, would you please come up. I have a question about the PONC
program.
(Note: At this time, Property Manager Hamana Ventura, Finance
Department, came forward to address the members of the Council.)
MS. EVANS: So my question is, we give the authority for you to pursue a
conversation with the owner of a property. In the past, have you ever worked on a
project to where the owner said, like this, "I've got a hundred acres. I understand
the community really is concerned about either the cultural or the open space or
the view plane or whatever. You know what, I'm willing to give you two-thirds
of the property but not all of it." Have you ever negotiated where the owner has,
like, given you"Yeah, I might be interested in part of it, but no way would I do
all of it"? Has that ever happened?
MR. VENTURA: Thank you, Council Member Evans. Hamana Ventura,
Property Manager. That's a good question. Now, if you think about it, I think the
most relevant type of potential purchase is what we're talking about, a
conservation easement whereby the seller retains ownership of the lands, allocates
certain portions to conservation, while being able to conduct their own activities
in a manner that was pre-acquisition. So, fee simple purchase, I have not had that
conversation—conservation easement. We've had that conversation with the
owners.
MS. EVANS: Okay. That's important to me, to know that, because I think I can
support this resolution today knowing that it's just another tool in the toolbox of
potential opportunities. Obviously, whatever decision will be made by the owners
of the property, how they wish to proceed. So, to me, this is just another thing
that can be brought up in the conversation with them. So I don't think it
influences me one way or another, other than I like the idea that it did go through
the PONC process; it was considered by the commissioners; the community came
out; they were voted on; it went to the Mayor; the Mayor gave it to the Council in
a report. So I think it went through a great public vetting process. And to me, it's
an option. So thank you for commenting and I yield.
CHR. KIMBALL: Thank you, Council Member Evans. Anyone here in Hilo?
Council Member Inaba.
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Hawaii County Council-45 August 7,2024
MR. INABA: I'm in support of the resolution. I just think it does give everyone
the most options as it relates to this property. And more options, I think, in this
case, is the way to go with where we are right now. So I'll be in support. Thank
you.
CHR. KIMBALL: Thank you, Council Member Inaba. Okay, Council
Member Villegas, I'll go back to you but I think we can move forward on this
pretty quickly, so I ask you to be brief.
MS. VILLEGAS: Okay. I just would encourage other Council Members to take
a look at this Kona Open Space Network. Even when it comes to the parcel
selection methodology and the talking, there is great value being recognized for
riparian zones and the need for us to honor and allow water to continue to flow in
the places where it flows. We all know that water will go where water wants to
go. And this is a piece of property that when the water flows, she flows and it
could be very dangerous.
But there is opportunity to utilize these spaces in the times of dry weather, and
there's opportunity for green infrastructure. There's scenic views. As you read
through the list of this report, which is really a great report—thank you to the
Planning Department for putting this together just the number of things that are
all linked, when it mentions historic and ancient and natural trails. And Na Ala
Hele Trail is actually listed on here, and they were—went through organizations
that have verified that there are trails on the property.
So the things point to and connect the validation and the appropriateness for this
piece of property,potentially to some day maybe be purchased by the open space
land fund, but that we, as a Council, continue to uphold and represent the will of
the people, especially in my job for District 7, in what they worked so hard for for
the last few years, was to get this piece of property actually on the PONC list.
And as Council Member Evans pointed out, approved and to go through the
whole process, and me doing my job representing my community, bringing forth
the resolution in order to ask the Administration to move forward in exploring the
opportunity. So if or when circumstances change, we could have the opportunity
to protect this piece of property in perpetuity for the future generations of this
island and our community. And with that, I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Here to Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I wanted to mahalo the
testifiers today for highlighting some very blatant misuse of language by
whomever said those things. It's important that we use correct language and
terminology in our discussions to help provide good conversation around
legislation. Ms. Villegas has brought forward an option for our County and for all
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Hawaii County Council-45 August 7,2024
the different parties involved in, I believe, an attempt to find a way forward and a
possibility. And there's no requirement of any kind put forward by this resolution
for any party involved to do anything. It just opens doors. So I'll be supporting
the resolution today. I appreciate the work. I appreciate the community stepping
up and being consistent. I'll be supporting the resolution. Thank you.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. With
that, Mr. Clerk, I'll ask you to do a roll call vote on Resolution 561-24.
Vote on Res. 561-24: The motion to adopt Res. 561-24 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 66 was
carried by the following roll call vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Villegas,
and Chair Kimball —6.
Noes: Council Members Galimba, Kierkiewicz,
and Lee Loy —3.
Absent: None.
Excused: None.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Chair Kimball announced that the Minutes of May 16 and
May 30, 2024, were approved.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 559-24: AUTHORIZES THE HAWAII FIRE DEPARTMENT TO AWARD FUNDS TO
HAWAII WILDFIRE MANAGEMENT ORGANIZATION
Pursuant to Chapter 2, Article 25, Section 2-139(a)(3)(A), Hawaii County Code,
the Hawaii Fire Department is providing a grant of$33,200 to the Hawaii
Wildfire Management Organization to be used towards Phase 1 of the "Community
Fuels Reduction and Defensible Space"project.
Reference: Comm. 936
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-176
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Hawaii County Council-45 August 7,2024
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
Withdraw MR. KANEALI`I-KLEINFELDER: Thank you, Chair. There was a request. The
Res. 559-24: request by the department was to withdraw Resolution 559-24. So I will be
withdrawing in accordance with their request today. Thank you.
Res. 563-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO
PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE
NO. 23-71, RELATING TO VACANCY IN OFFICE, ON THE 2024 GENERAL
ELECTION BALLOT
Ordinance No. 23-71 proposes an amendment to the Hawaii County Charter that
would add an exception to the process of filling vacancies on the County Council
by providing that a vacant County Council district seat shall be filled by the person
elected to serve the upcoming Council term, if that vacancy occurs or exists after
the incoming Council Member was elected.
Reference: Comm. 949
Intr. by: Ms. Kimball
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 563-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: This and a couple subsequent resolutions today are procedural
to get the Charter amendments that we voted on onto the ballot. Just asking for
everyone's support. Any conversation? Seeing none, all those in favor please say
Ic aye.
Vote on Res. 563-24: The motion to adopt Res. 563-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Inaba— 1.
Excused: None.
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Hawaii County Council-45 August 7,2024
Res. 564-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO
PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE
NO. 24-25, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS, ON
THE 2024 GENERAL ELECTION BALLOT
Ordinance No. 24-25 proposes an amendment to the Hawaii County Charter that
would require the Mayor to appoint department heads within 30 days of taking
office and within 60 days of any vacancy occurring during the Mayor's term of
office.
Reference: Comm. 950
Intr. by: Ms. Kimball
Vote on Res. 564-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 564-24.
(Adopted) Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Res. 565-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK
NEIGHBORHOOD WATCH TO ASSIST WITH ITS PUNA NEIGHBORHOOD
WATCH PROGRAM
Transfers $13,310 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 951
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 565-24. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Judy Houle, who leads all of the Puna
Neighborhood Watches in the region, is making this humble request of myself
and my colleague in upper Puna. It is very difficult for them to obtain grants,
even through Civil Defense. So they are really relying on contingency funds to
solve for some needs that they have to ensure that the presence of Neighborhood
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Hawaii County Council-45 August 7,2024
Watch is positively felt in all of the communities in the region. So, happy to be
able to accommodate such a large request, and looking for everyone's support.
Thank you.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further
conversation? Seeing none, all those in favor please say "aye."
Vote on Res. 565-24: The motion to adopt Res. 565-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Res. 566-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION
CENTER INC. FOR ITS BASIC MEDIATION TRAINING FOR VOLUNTEERS
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 952
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 566-24. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I'm really proud of the work that our
mediation centers do to help members of our community come up with solutions.
And so this resolution would provide funding to just train more mediators in our
community, which is always a good thing. Looking for everyone's support. I
yield.
CHR. KIMBALL: Thank you. Any further discussion from the body? Seeing
none, all those in favor please say "aye."
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Hawaii County Council-45 August 7,2024
Vote on Res. 566-24: The motion to adopt Res. 566-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Res. 567-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY
DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE
10TH ANNUAL HAWAII ISLAND ALL NATIONS POWWOW
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 953
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 567-24. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. The Hawaii Island All Nations
Powwow was happening on September 14'h and September 15'h that's a
Saturday and Sunday—at Puna Hongwanji in Kea`au. It's a really beautiful
celebration of Native American culture, and just the diversity of cultures that are
celebrated there. So, looking for everyone's support to help convene this event,
and hope to see everyone there. Thank you.
CHR. KIMBALL: Thank you. Any discussion? Seeing none, all those in favor
please say "aye."
Vote on Res. 567-24: The motion to adopt Res. 567-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Res. 568-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY
DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE
2024 HAWAII ISLAND ALL NATIONS POWWOW
Transfers $5,000 from the Clerk-Council Services –Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 954
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 568-24.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member.
MR. KANEALII-KLEINFELDER: I just wanted to say mahalo to Rudy and
Jaydeen Webster who reach out to me every year to help support this beautiful
event that does highlight our Native American cultures. And I believe having it in
Hawaii, in Puna just lucky we get to have it—but having it in Hawaii really
does help bring together this idea of supporting and helping to uplift all the
different cultures we have in Hawaii, as well as our Native American cultures in
the United States. So I really do appreciate Rudy and Jaydeen for making sure
they get the funding from the County in time for the event to help provide a better
event for our community, and really look forward to seeing this event grow in the
future. So mahalo for the opportunity. I yield.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 568-24: The motion to adopt Res. 568-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball–9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Res. 569-24: 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 LIONS
FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS
PARADE
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 955
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 569-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Asking for my colleagues' support. It's really hard to believe
here we are talking about a Christmas parade in the middle of summer, but that's
the type of planning that's needed. So I do urge my colleagues to support this
resolution. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy, and thanks for
reminding us that 2024 is moving so fast. All right, all those in favor please say
Ic aye.
Vote on Res. 569-24: The motion to adopt Res. 569-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Res. 570-24: 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 LIONS
FOUNDATION TO SUPPORT THE 2024 DOWNTOWN HILO CHRISTMAS
LIGHTS PARADE
Transfers $3,000 from the Clerk-Council Services –Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 956
Intr. by: Ms. Kimball
Motion to Approve: Ms. Lee Loy moved to adopt Res. 570-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Any discussion? I will just note that Corporation Counsel had
a little bit of concern that Council Member Lee Loy and I were funding the same
things, but we're actually—we did our due diligence working with the Lions Club
to ensure that this amount was going to be appropriate for the expense that both of
these resolutions are dedicated towards. So just want to assure Corporation
Counsel that we did take care of that. Thank you. All right, asking for my
colleagues' support. All those in favor, please say "aye."
Vote on Res. 570-24: The motion to adopt Res. 570-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball–9.
Noes: None.
Absent: None.
Excused: None.
Res. 571-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF FIRST
RESPONDERS FOR EXPENSES RELATING TO THE ROBUST
CONFERENCE 2024 FOR FIRST RESPONDERS AND THEIR FAMILIES
Transfers $5,000 from the Clerk-Council Services –Contingency Relief account
(Council District 1); and credits to the Police Department, Training account.
Reference: Comm. 957
Intr. by: Ms. Kimball
(Note: Comm. 957.1, from Council Chair Heather L. Kimball dated August 5,
2024, transmitting proposed amendments to Res. 571-24, was circulated.)
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Hawaii County Council-45 August 7,2024
Motion to Approve: Ms. Lee Loy moved to adopt Res. 571-24. Seconded by
Mr. Inaba.
Motion to Amend: Mr. Inaba moved to amend Res. 571-24 with the contents
of Comm. 957.1. Seconded by Ms. Lee Loy.
CHR. KIMBALL: I will just briefly say we're just expanding the use of the
funding because the rental of the facility came in lower than what we had already
put out in the CRF (Contingency Relief Fund), and then they were not able to get
some of the funding for the presenters. So just adding this additional use as a
permitted use within the resolution. So ask for everyone's support on the
amendment. Any questions/conversation? All those in favor,please say "aye."
Vote on Motion to The motion to amend Res. 571-24 with the contents of
Amend: Comm. 957.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the
Suspend Council holdover for the substantive amendment of Res. 571-24.
Rules: Seconded by Ms. Lee Loy and carried by the following
(Approved) voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Back to the main motion. I don't think I need to say anything
more than what was said by Pastor Renee and then, of course, the additional
testifiers this morning. I think they really highlighted the importance of programs
like this for our first responders in the community. I have nothing to add.
They've already said it all. Any further discussion? Yes, Council
Member Villegas.
MS. VILLEGAS: My office has been struggling with this one because it seems
that the allowable expenses that CRF funds can cover are being covered by other
Council Members' contributions. And it's just been kind of a challenge because
my office would like to obviously support this event and the things that are
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Hawaii County Council-45 August 7,2024
happening. So, once again, there just seems to be, I don't know, I'm experiencing
some of the issues with being told what's allowable for contingency relief funds
to be spent on for certain organizations' events.
So I'm hoping that at some point this can get cleared up so there could be—it
bums me out when I find myself and my staff find ourselves having to say no to
things because the next, I don't know if you'd call it a next layer or level of
expenses related to some of these events doesn't fall within the allowable
contingency relief funding expenditures. So I'm hopeful that there—are we
expecting more clarity from Corp. (Corporation) Counsel?
CHR. KIMBALL: I will say, Council Member Villegas, we have legislation from
Vice Chair Inaba coming through around the GIA (grant-in-aid) grant process.
The result of that bill passing should actually result in a rule change for us. And
so we're hoping that some of that language that will be provided in the future rule
change will provide some clarity around this issue. But I do hear the frustration,
and I think I have two other Council Members here that are probably going to
share the same.
MS. VILLEGAS: Okay. Somehow, misery loves company, so at least I'm not
alone here. But also just really want to have the opportunity to also say thank you
to the Friends of First Responders and for what they are providing: the support
and the recognition of taking care of our first responders so holistically,
emotionally, mentally, physically, intellectually, and their families as well, is
what allows for longevity of service in jobs and roles like this. So in full support
of the organization and the events that they put on. So thank you for allocating
the funding here. I yield.
CHR. KIMBALL: Thank you. I'm not sure who was first over here. Council
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Yes, I just want to reiterate that a similar
thing happened to my office. Really supportive. In fact, I'd even go so far to say
if there's anything I can support for our first responders, this would be at the very
top of my list because I think it's so critically important. So, yeah, too bad it
worked out that we were not able to contribute in a way that met with our
guidelines. And, hopefully, we figure this all out and figure out a way to go
forward and be equitable and also very clear about what we're doing. So, once
again, lend my support to the organization and to this particular work that they're
doing. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. The testifiers today were
at the Friends of the First Responders evening I attended; I think it was 2023.
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Hawaii County Council-45 August 7,2024
This year is going very quickly. But I have to say that their remarks at one point
in the evening's festivities were tear jerking. It made me cry. I think a lot of
Council Members were there that evening.
And it was so important that they expressed the need for this training, because it
provided so much emotional support for them and their `ohana. I mean, it's easy
to say, but in watching them discuss what happens when they're able to open up
and when they're able to discuss what they go through every single day, and what
this kind of a training provides them and their family was very compelling.
So I would likeI mean, I'll be supporting this resolution, but more so just what
this offers to our first responders is incredibly important. And so, finding any
means necessary to ensure that we can have funding for this event to help our first
responders deal with the trauma that they go through every single day is
absolutely imperative. So thank you for bringing this forward and I'll be
supporting. Thank you.
CHR. KIMBALL: Thank you. Council Member Lee Loy, go ahead.
MS. LEE LOY: I'm in total support. I really appreciate that Pastor Godoy has
really taken the reins on this one. This actually was a peer-support program back
in the day within the department. A lot of the officers were pulling double duties.
While working patrol, they also did a peer-support program. And I love the way
this has augmented out of the department through a nonprofit, and to begin to
normalize that this work is not easy, and the expectation of our first responders to
be perfection is just unattainable. We all are human beings. We all have things
that come and go in our lives.
And so I really appreciate what Pastor Godoy and this Friends of First Responder
program is doing, but what I also appreciate, and this is a conversation that
Pastor Godoy and I continue to have, is that this opens up opportunities for them
to get other grant dollars.
And so I know passing this resolution for us is a good thing, but I just want to
remind my colleagues when we give programs like this government money, it
validates the program to go get other money. So this is actually a huge feather in
the program's cap. And so I stand in full support of this, and really thank you,
Pastor Godoy, for your good work in this area. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Don't
go anywhere, Council Member Galimba. Yours is next. All those in favor,please
say "aye."
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Hawaii County Council-45 August 7,2024
Vote on Res. 571-24: The motion to adopt Res. 571-24, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Thank you, Pastor Renee, for being here.
Res. 572-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ALANUI `O KAT FOR ITS
INAUGURAL KAT WELLNESS FESTIVAL
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 958
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 572-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. I just wanted to thank Ms. O'Shea for her work on
this event. I think it's very important to develop positive events in this particular
area of this particular community. So I ask for my colleagues' support. Thank
you.
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor please say "aye."
Vote on Res. 572-24: The motion to adopt Res. 572-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Res. 575-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE
USED TOWARDS TRAINING AND TRAVEL EXPENSES FOR THE
"PROTECTING CHILDREN ONLINE" TRAINING TO THE OFFICE OF THE
PROSECUTING ATTORNEY
The donation of approximately $17,370 is being provided by the Statewide
Children's Justice Act Grant Task Force.
Reference: Comm. 964
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 575-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Speaking on behalf of
the testifiers this morning for the importance of this measure, as well as for the
Office of the Prosecuting Attorney, Mr. Nagata, for making this happen, this was
waived to Council to expedite the acceptance of the donation, and I look forward
to everyone's support.
CHR. KIMBALL: Thank you, Council Member. Any questions from anyone on
this? Seeing none, all those in favor please say "aye."
Vote on Res. 575-24: The motion to adopt Res. 575-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Res. 576-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE LARGE FORMAT MULTI-FUNCTION DEVICE FOR THE PLANNING
DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$252, to be used by the department's Kona office.
Reference: Comm. 965
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-45 August 7,2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 576-24.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This was waived to Council as well. Look
forward to everyone's support.
CHR. KIMBALL: All right, thank you. Any further discussion? Seeing none, all
those in favor please say "aye."
Vote on Res. 576-24: The motion to adopt Res. 576-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Res. 577-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO
PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE
NO. 24-54, RELATING TO THE COST OF GOVERNMENT COMMISSION, ON
THE 2024 GENERAL ELECTION BALLOT
Ordinance No. 24-54 proposes an amendment to the Hawaii County Charter that
would increase the terms of members from 11 months to 22 months, expand the
deadline by which the commission submits its findings and recommendations from
11 months to 20 months after appointment, and that commission members would
begin their terms 18 months after the beginning of the term of the mayor instead of
one year after the beginning of the term of the mayor.
Reference: Comm. 966
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kagiwada moved to adopt Res. 577-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Just looking for everybody's support. We had some very
good discussions and good input from the community on this. Thanks.
CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
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Hawaii County Council-45 August 7,2024
Vote on Res. 577-24: The motion to adopt Res. 577-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Before we go on to bills, I wanted to just check. Do folks
need a five-, ten-minute break? All right, we are going to take a recess until
11:05. Before we do that, I wanted to introduce my daughter here in the audience.
It's bring-your-daughter-to-work day. I think some of you may have recognized.
No, it's not actually bring-your-daughter-to-work day, but we are in recess until
11:05. I couldn't resist the opportunity to embarrass her. We'll be back. Thank
you.
Recess: At 10:59 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:08 a.m.
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 183: REPEALS ORDINANCE NO. 12 132, WHICH AMENDED SECTION 25-8-33
(CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE
DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL—
10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL—
3,000 SQUARE FEET (RM-3) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2-2-038:017
(Planning Director Initiated) (Area: Approx. 0.9793 acres)
The Windward Planning Commission forwards its favorable recommendation to
revert the zoning from Multiple-Family Residential to its original designation of
Single-Family Residential at the request of the owner. The property is located at
1623 Kino`ole Street.
Reference: Comm. 942
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-67
Motion to Approve: Mr. Inaba moved to pass Bill 183 on first reading and adopt
Legislative Approvals and Acquisitions Committee Report
No. 67. Seconded by Ms. Lee Loy.
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Hawaii County Council-45 August 7,2024
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Is anyone from the Planning Department online? Okay, I'm going
to ask that this matter be tabled. We did ask the Planning Director to have the
representative or the property owner be here. Oh,you're here. Okay. Planning
Department—property owner, please come forward and if you can please share
and just confirm that you are in agreement with this action by the Planning
Director. And you can identify yourself on the record and press the button.
(Note: At this time, Suzanne Furchgott,property owner, came forward to
address the members of the Council.)
MS. FURCHGOTT: Hi, thank you. I'm Suzanne Furchgott, one of the owners
with my husband of this property. And, yes, this is what we would like to go
forward with.
MR. INABA: Thank you very much. With that, I ask for everyone's support in
moving this to second reading. Chair, I yield.
CHR. KIMBALL: Thank you. Any further discussion from the body? Yes,
Council Member Villegas.
MS. VILLEGAS: Thank you. I have a question. In the title of the ordinance, it
says 10,000 square feet to multi-family residential–3,000 square feet. However,
in the map, it says 3,000 square feet to single-family – 10,000 square feet. And
then underneath the map, it says, by changing the district classification from
multi-family residential –3,000 square feet to single-family residential –
10,000 square feet, which seems to be the antithesis. It's swapped there. I'm
asking for some clarification and if
CHR. KIMBALL: Council Member Villegas, the motion on the floor is to the
ordinance is being repealed. So it's going to refer to the previous rezone
ordinance, and now that is just going the request from the applicant is to revert
it back to the original zoning.
MS. VILLEGAS: Which was 10,000 or 3,000?
CHR. KIMBALL: RS-10. No, it changed from RS-10 to RS-3. Yeah, it's going
back to RS-10 from RS-3. I think I've gotten myself confused.
MS. VILLEGAS: Okay. Thanks. Yeah, that was confusing to have it state
different things. Okay, I'll be in support of going from 3,000 back to 10,000.
CHR. KIMBALL: All right, great. Thank you. Any further discussion? Council
Member Kierkiewicz.
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Hawaii County Council-45 August 7,2024
MS. KIERKIEWICZ: Thank you, Chair. Thank you so much for being here.
Without having to get into too many personal details, I was just curious if you
could share why you've requested for this reversion back to single-family. Multi-
family seems great because that provides more housing opportunities, but just
trying to understand the barriers that families here are facing that prevents them
from standing up more housing.
MS. FURCHGOTT: When we bought the property and got into it back 12 years
ago or so, we wanted to doactually, we were thinking of student housing. It's
right near the university. We aren't developers. My husband and I, I guess I
could say we kind of got in over our heads. We didn't understand many of the
problems and obstacles, and different things happened where we just realized it's
not something we can do or want to do or can do, really. And because of other
practical things with the property, it was difficult for us to try to find someone
who could buy it and develop it. This is why we decided to go back to, it's kind
of ironic, but to go back to where we were before and move on from there.
MS. KIERKIEWICZ: Thank you. That must have been a very difficult,
complicated, taxing, emotionally stressful situation. So, sorry things didn't work
out. I appreciate you sharing openly and honestly because it's really our job to
figure out how we make this process work for everyone, even if you're not a
developer. And I really appreciate the intention you had to create more housing
for our students because they need it, yeah. Thank you, Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? I
also want to thank you for your patience in being here, and I appreciate you
making the time to come down today. With that,we will go ahead and take the
vote. All those in favor, please say "aye."
Vote on Bill 183: The motion to pass Bill 183 on first reading and adopt
(Approved) Legislative Approvals and Acquisitions Committee Report
No. 67 was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Thank you very much again for being here.
MS. FURCHGOTT: Thank you.
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Hawaii County Council-45 August 7,2024
Bill 179: AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5, OF THE HAWAII
(Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES
Seeks to amend subsection (a) by requiring all members to have a"principal"
residence instead of"primary"residence, in accordance with Chapter 19,
Subsection 19-71(e)(2) of the Code, in the area covered by the Community
Development Plan.
Reference: Comm. 929.2
Intr. by: Mr. Inaba
Approve: PCPLUD-11
Motion to Approve: Mr. Inaba moved to pass Bill 179, Draft 2, on first reading
and adopt Policy Committee on Planning, Land Use, and
Development Committee Report No. 11. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you. I ask for your continued support of this bill, which
helps to clarify the resident requirement within a CDP area for those wanting to
serve on the action committee of that area. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing no
further comments, all those in favor please say "aye."
Vote on Bill 179: The motion to pass Bill 179, Draft 2, on first reading and
Draft 2 adopt Policy Committee on Planning, Land Use, and
(Approved) Development Committee Report No. 11 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Bill 180: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2024, TO JUNE 30, 2025
Adds the Police Department Hawaii County Morgue project($1.5 million)to the
Capital Budget. Funds for this project shall be provided from General Obligation
Bonds, Capital Projects Fund—Fund Balance and/or other Sources.
Reference: Comm. 930
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: FC-178
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 180 on first
reading and adopt Finance Committee Report No. 178.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Thank you.
CHR. KIMBALL: Any further discussion from the body? Seeing none, all those
in favor please say "aye."
Vote on Bill 180: The motion to pass Bill 180 on first reading and adopt
(Approved) Finance Committee Report No. 178 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 August 7,2024
Bill 182: AMENDS CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19,
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE
TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR
OFFICIAL DUTIES
Seeks to exempt motor vehicles owned or leased for twelve months or longer by the
County and County-subsidized motor vehicles from motor vehicle taxes and certain
vehicle registration fees.
Reference: Comm. 940
Intr. by: Ms. Kimball
Approve: FC-179
Vote on Bill 182: Mr. Inaba moved to pass Bill 182 on first reading and adopt
(Approved) Finance Committee Report No. 179. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 175: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72 OF THE HAWAII
(Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
PARKS AND RECREATIONAL FARMERS MARKET FACILITY SCHEDULE
Increases the potential establishment of farmers markets by adding three park
facilities to the Hilo/Hamakua region, one park facility to the Ka`u region, one park
facility to the Kohala region, two park facilities to the Kona region, and two park
facilities to the Puna region, and updates the park facility name in the Puna region
to "William Billy' Kenoi District Park."
Reference: Comm. 917.4
Intr. by: Ms. Kagiwada(B/R)
First Reading: July 24, 2024
Motion to Approve: Ms. Kagiwada moved to pass Bill 175, Draft 2, on second
and final reading. Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: This was by request from Parks and Rec. (Recreation). We
had a good discussion last time. A lot of people very happy and excited about the
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Hawaii County Council-45 August 7,2024
new spaces that will be available. We had some name changes and some
amendments last time, but I think hopefully we're all onboard now and happy to
have everybody support this. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I really appreciate this bill from
Ms. Kagiwada, and recognizing my request of the department, so Mr. Messina as
well. There's been a lot of changes lately and a lot of movement away from some
of the areas that a lot of our vendors were holding: their facilities, being on the
side of the road, farmers markets. And so this allowance really does tie in well
with building economy in our community by providing places at a very cheap rate
for more markets to flourish. So, really do want to commend the department and
Ms. Kagiwada for bringing this forward, and I will be supporting. Thank you.
CHR. KIMBALL: Thank you, Council Member. Any further discussion?
Seeing none, all those in favor please say "aye."
Vote on Bill 175: The motion to pass Bill 175, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Bill 176: AMENDS CHAPTER 2, ARTICLE 25 OF THE HAWAII COUNTY CODE 1983
(Draft 3) (2016 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF
FUNDS TO NONPROFIT ORGANIZATIONS
Adds and amends existing definitions and amends provisions regulating
requirements for nonprofit organizations to be eligible for County funding,
conditions placed on the receipt of grant awards, and procedures for the awarding of
grants.
Reference: Comm. 918.9
Intr. by: Mr. Inaba
First Reading: July 24, 2024
Motion to Approve: Mr. Inaba moved to pass Bill 176, Draft 3, on second and
final reading. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
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Hawaii County Council-45 August 7,2024
MR. INABA: Thank you. This bill, again, is aiming to clarify language
throughout our nonprofit grant section of the Code. And again, it would apply to
all County General Fund grants to include the Waiwai program, our CRF, and any
grants awarded by departments with County-sourced funding.
There was a question at our previous reading regarding the 10 percent cap. This
is a cap that exists in other government funding. HUD (United States Department
of Housing and Urban Development), the EPA (Environmental Protection
Agency) all have the 10 percent administrative overhead cap. And as we continue
to try and navigate how we're going to define that, we are not prepared and don't
think it's the best route forward to try and define that here in the Code.
Finance Director Nakagawa is here today, and we are looking at definitions to
perhaps formalize a definition for the County to use. And if we don't go with a
specific definition, at least a checklist or some type of framework that we can
provide both to all of the County agencies as well as those applying, so that their
applications don't exceed the overhead and administrative costs that we are
restricting to 10 percent. Happy to take any questions if there are any. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any questions with regard to
Bill 176, Draft 3? Council Member Kierkiewicz.
MS. KIERKIEWICZ: No questions. Just wanting to ensure that our Finance
Director, through rules clarification, can provide that definition of what is meant
by administrative fees. This is government-speak for overhead and all those other
incidentals, indirect costs, that nonprofits incur as they are delivering services to
members of the community. We had talked at the last meeting about this also
including the role a fiscal sponsor plays for organizations that just prefer to be
grassroots, but they need someone to file the paperwork, keep track of expenses,
have that liability insurance. And so I'm hoping that rather than a Code
amendment, that this is something that can be further outlined in your
administrative rules.
(Note: At this time, Finance Director Diane Nakagawa came forward to
address the members of the Council.)
MS. NAKAGAWA: Thank you, Council Member Kierkiewicz.
Diane Nakagawa, Finance Department. As Council Member Inaba mentioned,
we did do some research on the administrative cost and 10 percent. It is a
standard guidance in a lot of Federal regulations, and so we feel comfortable with
that. It was already in there. It was just moved in this section. But I really do
appreciate and see the need for additional guidance for those that receive this
funding.
And I've done some research on some other grants that provide really clear
examples of direct administrative costs, versus indirect costs, that could be
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Hawaii County Council-45 August 7,2024
helpful. And I think that's something we could definitely draft up and provide to
make things clear and easy for anyone who is a participant in any of our grants.
So, yes, we would be happy to do that.
MS. KIERKIEWICZ: Okay. Wonderful. I just want to note I think there was a
comment made at the last meeting about we need to get nonprofits to a place
where they're going to be sustainable. I think those comments are so
disrespectful to our nonprofits and the work that they do to fill in the gap and
provide services where government cannot. They're never going to arrive at this
place of funding nirvana and being self-sufficient. Like, if we are forcing them to
be self-sufficient, that doesn't exist. It's going to compromise their ability to
serve community. And so I want to make sure that that is addressed, because this
Council, this County is really committed to partnering and properly resourcing
our nonprofit organizations. Thank you, Chair.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. So, Director, I just want to just throw out
a little bit of information out there, so when you are looking at the rules, if we can
be really clear that some things, when they're listed, such as telephone services,
could be administrative overhead costs, but they also could be actually
programmatic, as we had where it was a hotline. That was their program. So I
think we have to figure out ways to make sure that we don't just list things, and
then people who use those particular parts of their program not for overhead or
administrative costs, but actually for the core of their program are not excluded
automatically. So just to be aware that there might be some circumstances like
that.
MS. NAKAGAWA: Understood, Council Member, and thank you for that. In
some of the examples that I've looked at, it does go beyond a list. So I apologize
if I thought—if there is an assumption that it would just be a list. But there are
definitions, and it really talks about, to your point particularly,programmatic
costs and what they include. So there are things that if they're directly tied to the
delivery of the service or project, those are in the programmatic costs. So we can
definitely be a little more descriptive and provide those examples for ease of
clarity.
MS. KAGIWADA: Okay. That would be really helpful. And hopefully, we will
continue to get better as we go along, and I think we will, but thank you so much.
I appreciate your willingness to do this in your rules.
MS. NAKAGAWA: Of course. Thank you.
MS. KAGIWADA: I yield.
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Hawaii County Council-45 August 7,2024
CHR. KIMBALL: Thank you, Council Member. Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Director Nakagawa,
thank you for being here today. My request would be that, to really provide some
transparency on the nonprofits coming before the County to request funding from
multiple sources, that we also include a vendor report for the organizations that do
apply to any form of County funding. Because, that would be incredibly helpful
for us to get a full picture of what the nonprofits are doing, funding received. And
it helps us make better decisions as to what's needed for each nonprofit. Is that a
possibility?
MS. NAKAGAWA: Yes, Council Member Kaneali`i-Kleinfelder. I
acknowledge that this is a request you have made, and it's something that is not as
easy in our current system, but agree that there's something that we can look into
in our new system, but also just looking to pulling that information together from
all the different sources of grants that we have. They're just not all centralized in
one place, which that's what makes it a little difficult. But I do understand the
need to want to see that comprehensive list of the organizations and the different
funding sources they are receiving from the County. So definitely something
we're working on.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair.
CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council
Member Lee Loy.
MS. LEE LOY: Thanks. Thanks—well, first of all, to the maker, I just really
appreciate this work. This red line makes it look like this entire document is
bleeding at this point, but that's what we needed to have happen because it has to
meet what we're doing now. So, really appreciate the guidance that we're having
in the Waiwai grant program, and then also with the contingency piece.
Director Nakagawa, and not now but maybe offline, because I'm really curious
about that administrative overhead cost. Because I think I, in the past, too, have
said we've got to figure out a way for some of these nonprofits to kind of become
self-sufficient rather than just always coming to us with the handout, and
hopefully grow their capacity.
And I just recognize that a lot of the funding that is out there and available doesn't
provide for salary and wages. And so I just want to be able to understand that
administrative cost, and not now; maybe we can just have an offline conversation.
Because, doing good work in the community means also having the people to do
the good work in community. I don't want to throw the baby out with the
bathwater on this one. But thank you. Thank you to the maker. Thank you for
being here. In support. I yield.
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Hawaii County Council-45 August 7,2024
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All
right, seeing none, all those in favor of adopting Bill 176, Draft 3, at second and
final reading,please say "aye."
Vote on Bill 176: The motion to pass Bill 176, Draft 3, on second and final
Draft 3 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Bill 177: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Appropriates revenues in the Federal Grants —Justice Assistance Grant-Special
Response Team Capability Enhancement grant account($50,537); and appropriates
the same to the Justice Assistance Grant-Special Response Team Capability
Enhancement grant account, to be used to fund travel and training to increase the
efficiency and readiness of the Police Department's Special Response Team.
Reference: Comm. 923
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: July 24, 2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 177 on
second and final reading. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look forward to everyone's support.
Thank you.
CHR. KIMBALL: Any further discussion on this item? Seeing none, all those in
favor of adopting Bill 177,please say "aye."
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Hawaii County Council-45 August 7,2024
Vote on Bill 177: The motion to pass Bill 177 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Bill 174: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, AND ARTICLE 10,
SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO REAL PROPERTY TAXES
Allows residential properties rented for six months or more to be eligible for the
Homeowner tax classification and replaces the term "husband and wife"with
"married persons".
Reference: Comm. 905
Intr. by: Ms. Kagiwada and Ms. Galimba
Approve: FC-177
(Note: Comms. 905.6 and 905.7, from Council Member Holeka Goro Inaba and
Council Member Michelle M. Galimba, respectively, dated August 7, 2024,
transmitting proposed amendments to Bill 174, were circulated.)
Motion to Approve: Ms. Kagiwada moved to pass Bill 174 on first reading and
adopt Finance Committee Report No. 177. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you. We have a couple of amendments, but just a
quick recap on this bill. This is really to just keep people that have their own
primary home and they rent something, whether it's a room or an `ohana or an
ADU, however we call it, on their primary property, that they wouldn't lose their
homeowner's tax benefits. That is what this amendment does. They keep their
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Hawaii County Council-45 August 7,2024
homeowner's tax benefits if they do that. So it's pretty simple. We do have two
very small, I think, amendments on some language. And other than that, I'll open
it up if anybody has comments on the main bill first.
CHR. KIMBALL: I think we can go right to the amendment.
Motion to Amend: Mr. Inaba moved to amend Bill 174 with the contents of
Comm. 905.6. Seconded by Ms. Kagiwada.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: This amendment simply replaces the term "not longer"with"less."
So instead of saying "for a term not longer than six months," it will just say, "for
a term less than six months," and just helps to clarify, make it easy to read and
understand. So I ask for your support. Thank you.
CHR. KIMBALL: Thank you for your razor-like attention to detail. Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. In support of the
amendment. I remember one of our previous County employees, Ms. Leslie
Chow, used to say, "Your job is to make sure things are clear because that is the
purpose. Legislation should not be confusing. And if it's written confusing, then
it needs to be fixed." So I like this "not longer"being the same thing as "less."
Thank you for bringing this forward.
CHR. KIMBALL: Thank you. Council Member Kagiwada.
MS. KAGIWADA: Just appreciate Vice Chair's putting this forward. Thank
you.
CHR. KIMBALL: Anyone else? Supportive of the amendment. Would suggest
if 1-1 may recall that there is similar wording in a different part of this section.
I'm not sure if it's in the bill. I don't I think maybe it's not, but that we might
want to tweak that at some point as well when we're doing some Chapter 19
cleanup. I can double-check and let you know. That is true. Yeah. Is it in the
bill?
MS. KAGIWADA: It's not in this particular section, but it is in the other part,
which is why it was coped I think by LRB (Legislative Research Branch), as it
was originally.
CHR. KIMBALL: Well, when we're working on some other cleanups of
Chapter 19, maybe we can address that as well. All right, all those in favor of
amending (Bill) 174,please say "aye."
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Hawaii County Council-45 August 7,2024
Vote on Motion to The motion to amend Bill 174 with the contents of
Amend: Comm. 905.6 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Motion to Amend: Ms. Galimba moved to amend Bill 174 with the contents of
Comm. 905.7. Seconded by Ms. Kagiwada.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. This is another very small one-word amendment,
and somewhat ironically, we are going to be putting back the word"exclusively"
that was taken out in the main bill. And the reason for this is that"exclusively
reserved,"the phrase, is used in other places in Chapter 19. And so to take it out
in this particular place and not take it out in other places would suggest that it had
some special meaning, which is not the case. So the intention is to go back with
housekeeping and to take out the "exclusively reserved" and just have "reserved"
because that meaning is the same, at a later date. So this is just basically a
housekeeping at this time, or a reverse housekeeping.
MS. KAGIWADA: You're dirtying up the house.
CHR. KIMBALL: Yeah, okay, great. Thank you, Council Member. Council
Member Kagiwada.
MS. KAGIWADA: Just to add. This was something that RPT (Real Property
Tax) had asked for originally,just to help with clarification in discussions going
on in their office. So we understand. We will go back and clean it up, but we
didn't want it to muddy the actual intent of this bill and to throw us for a loop. So
it's really a fairly minor thing, but we wanted to be clear and to fall in line with
what Corporation Counsel was also recommending for us. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. All right, any further
discussion? All right, the motion on the floor is to amend Bill 174, as previously
amended, with the contents of (Communication) 905.7. All those in favor?
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Hawaii County Council-45 August 7,2024
Vote on Motion to The motion to amend Bill 174 with the contents of
Amend: Comm. 905.7 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Back to the main motion, as amended. Council
Member Kagiwada? Council Member Galimba? Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Administrator Miura, hi. I see you. Beautiful
shirt, by the way. Love that color on you. Okay, we put the word "exclusively"
back. I know we had conversations in Committee about not being so sure about
the inclusion of that word. It's back in. Another change made to provide more
clarity in terms of the time frame of what long-term means. How comfortable is
Real Property Tax office with how this bill is shaping up at this point?
(Note: At this time, Real Property Tax Administrator Lisa Miura, Finance
Department, came forward to address the members of the Council.)
MS. MIURA: Good afternoon. Real Property Tax Administrator Lisa Miura. I
think we're comfortable with it. We did talk to our Deputy Corporation Counsel
Wong, and she is available if there are further questions on the word of
"exclusively." So I want to apologize because we did ask the makers of the bill to
remove that, because there was confusion within our office. So pushing that on
the side, it does show up 23 other times in our Chapter 19. So we understand
where Corporation Counsel is coming from better now.
We do understand that, basically, as long as the homeowner, that is their principal
residence, they filed the application. And if they do any long-term rental, which
is six months or longer on that property, they can now qualify for the homeowner
tax class. So we are comfortable with that.
MS. KIERKIEWICZ: And then this ordinance taking effect January 1", 2025
MS. MIURA: Correct.
MS. KIERKIEWICZ: That's less than six months from now. Do you folks feel
prepared and clear on how you are going to be carrying this kuleana out?
MS. MIURA: Yes. For those properties currently in the affordable rental, what
we have envisioned is, one, we're already working on our next set of
administrative rules. As discussed, we went through with the first half of them.
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Hawaii County Council-45 August 7,2024
And we had already started on the homeowner tax class among the other tax class
administrative rules, and the homeowner exemption, which is addressed in here.
So that would get modified and go to public hearing before the end of the year.
For all the properties that have a homeowner exemption now and have an
affordable rental, which are 67 parcels, those would automatically convert and
remain in, with the exception that they don't have to apply every single year
anymore. And for those that have a percentage, right now if you're a homeowner
and you're doing a long-term rental, we would provide a percentage for the
homeowner exemption, which is the lower taxable amount, but not the
homeowner tax class. So we wouldn't be able to convert all of those
automatically because some of those are short-term vacation rentals, which will
still not qualify under here because it's less than six months. So we would need
to have those individuals apply and provide a current contract in order to qualify
for the homeowner tax class.
MS. KIERKIEWICZ: Got it. Thank you. Are there any outstanding questions
that you feel need to be addressed in this bill so that you can coordinate a
successful public hearing, and ensure that all of community's questions have
answers to them?
MS. MIURA: Well, that's a great question, being we just went through a lovely
public hearing. I clarified in the last Committee regarding what we were
understanding due to concerns or questions that came up from our staff. So,
having the long-term rental be allowed, that's definitely been an issue of
compliance. So having anything under six months not qualify in here would still
remain, as that's usually easier to find now with the Vrbo, Airbnb, etcetera.
The one area that I know is sensitive, but I do need clarification as we go forward
with the rules, is the traveling medical and the student housing, because a lot of
times, they will come in. I know some of them will do six-month contracts, but
usually they're 89-day contracts. There are 90 days to match the contract that
they have with the hospital, and then those get extended.
The way it looks like now is they would not be allowed. However, typically,
those are only rented out to those individuals on a continual basis. So if there's
any wayI don't want it to muddy this bill because I think the bill's fine. But if
we could get clarity on how the Council feels, that would help us on our rules.
MS. KIERKIEWICZ: Great. Thank you for being here. I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Just on that one clarification you still
need, our intention with this bill was not to allow those shorter stays. However, I
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Hawaii County Council-45 August 7,2024
spoke to somebody from the Hilo Medical Foundation, and they say they do year
contracts that allow their visiting medical professionals to come in at shorter
stays. But they will do yearlong contracts or six-month contracts. So I feel like
there's already a way for those to legitimately fit within this bill and still keep
their homeowner exemption if they are really doing it on an ongoing basis like
that.
It doesn't totally answer every question for you maybe, but that was my feeling, is
that at this point we are not allowing the shorter stays. And there are the places
that will do the longer contracts so that we can still accommodate those people,
but doing it within the rules of what we're saying here. Thanks.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? I'll
just briefly note as well, as far as that point goes with Bill 121, there's a definition
of"transient,"which excludes medical workers, farm workers, workers that get
housing as a benefit. So I think we can think long-term about the interplay of
what we've defined as a transient versus with this. But, yeah, I think that the
decision that Council Member Kagiwada has suggested is one that I've seen
multiple folks use, which is the agency has that contract and then they rotate
people in and out of there. But there is that minimum 180 days' requirement. All
right, happy to support this myself. We'll go ahead. I don't know that we need a
roll call on this. Mr. Clerk, let's just do a roll call to be safe,just in case.
Vote on Bill 174: The motion to pass Bill 174, as amended to Draft 2, on first
Draft 2 reading and adopt Finance Committee Report No. 177 was
(Approved) carried by the following roll call vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Thank you, Administrator, for being here. All right, last item
of the day. Most exciting. No,just kidding. Save the best for last. All right,
Mr. Clerk that was very exciting, Council Member Kagiwada. Well done. All
right, Mr. Clerk.
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.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
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Hawaii County Council-45 August 7,2024
Comm. 764.78: MAYOR'S VETO MESSAGE REGARDING BILL 140, RELATING TO SOLID
WASTE FACILITIES
From Mayor Mitchell D. Roth, dated July 24, 2024, returning Bill 140 and stating
his reason for disapproval.
; and
Comm. 764.79: REQUEST TO RECONSIDER BILL 140, RELATING TO SOLID WASTE
FACILITIES
From Council Member Ashley L. Kierkiewicz, dated July 26, 2024, requesting that
Bill 140 be placed on the August 7, 2024, Council agenda for reconsideration and a
potential override of the Mayor's disapproval.
; and
Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES
Requires that all solid waste facilities used for the disposal, collection, and transfer
of household waste be operated and open to the public at least two days per week.
Reference: Comm. 764
Intr. by: Ms. Kierkiewicz
First Reading: June 19, 2024
Second Reading: July 10, 2024
Mayor Veto: July 24, 2024
Note: Requires 2/3 vote of the entire
membership to override the Mayor's
veto, pursuant to Section 3-12,
Hawaii County Charter
Vote on Motion to Ms. Kierkiewicz moved to reconsider the vote taken on
Reconsider: Bill 140 on July 10, 2024. Seconded by Mr. Inaba and
(Approved) carried by the following roll call vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kierkiewicz, and Lee Loy —5.
Noes: Council Members Galimba,
Kaneali`i-Kleinfelder, Villegas,
and Chair Kimball —4.
Absent: None.
Excused: None.
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 140 on second and
final reading. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kierkiewicz.
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Hawaii County Council-45 August 7,2024
MS. KIERKIEWICZ: Thank you. I'm going to assume that Managing Director
is here on behalf of Mayor Roth, and so, would like to provide you an opportunity
to share with the Council the Administration's veto of Bill 140.
(Note: At this time, Managing Director Deanna Sako came forward to
address the members of the Council.)
MS. KIERKIEWICZ: Thank you for being here.
MS. SAKO: No, thank you and thank you for the opportunity. The veto message
was attached when the bill was returned, but on the advice of counsel, Mayor did
veto the bill because it oversteps the separation-of-powers issue. And there were
several recommendations as well, even including amending the bill to recognize
DEM's (Department of Environmental Management's) authority to operate the
transfer stations and the hours, as well as that they should also consider access
and equity when they're setting those rules and hours up. But then I think this
came up a little bit yesterday, too, allowing DEM to complete the study they're
working on that's currently being undertaken regarding the solid waste
management and the best plan for the use of the resources that they do have. So
those are the Mayor's reasons. So thank you.
MS. KIERKIEWICZ: I totally respect you being here, Managing Director Sako.
And I think we all know that I had to put Bill 140 forward to address a pretty
significant disparity in service. So I wanted to ensure that all of our communities
had equitable access to this critical waste management resource, a critical service
of County government. And while most communities enjoy three or seven days
of service, there was one community that I felt was unjustly limited to just a
single day and impacted their quality of life.
The legislative body represents the needs and concerns of our constituents, so I'm
doing my job here. We're working to ensure equitable distribution of resources.
And this Bill 140 was and continues to be, in my mind, a necessary legislative
action to correct a long-standing inequity that the executive branch unfortunately
failed to address for years. Years.
The Mayor's veto message speaks of collaboration. And I have to scratch my
head when I read that word, because my office has felt ignored. I know that my
colleague in Upper Puna tried as well. His pleas were ignored. The community's
pleas were ignored, and were often told"Just be patient." "Wait. We have one
more study that we need to do." And I gave DEM a heads up about the bill. Not
once did anyone from the Administration reach out to my office to give a heads
up about the veto or restoring service, adding service to Kalapana Transfer
Station. Every time we've asked, we've been told"No can." "No more
resources." "Just wait. We'll figure it out at some point."
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Hawaii County Council-45 August 7,2024
This bill comes forward and I'm so happy that it finally got the Mayor's attention,
and it suddenly became a very high priority. And so I'm again grateful that DEM
has added another day of service for Kalapana. But by vetoing this bill, there is
no guarantee that we won't have the rug pulled out from us again. And any one
of our communities could have their services cut—no communication, no
warning, no heads-up from the Administration.
I think we've all underscored the importance that waste management has as a
fundamental public service and felt that needed to be prioritized, so we passed this
bill. The Mayor claims fiscal irresponsibility and that this bill was an unfunded
mandate, but DEM finished last year, the year before, with a fund balance.
There's no fiscal strain here. We suggested using other resources, putting in a
budget amendment, or transferring funds if that was necessary problem solved.
I'm tired of the fighting. I'm tired of the excuses. I just want what's best for our
community and to ensure that all communities have access. And I think
overriding this veto demonstrates our collective commitment to ensuring that all
of our residents are supported. I ask my colleagues for their support. Thank you,
Chair.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. All right, any
further discussion on the yes, Council Member Evans.
MS. EVANS: Thank you. We had a lot of lengthy discussion on this in Council.
And one of the things I stand on is I do believe the Council has the right to set
standards in Code. I think asking for a minimum of two days at a landfill is a
standard. We can get into an argument on that but I believe it. I think we had
enough discussion on it. I believe that was a reasonable conclusion based on
those discussions we had previously.
I think that what's interesting to me is it's like everybody is hanging their hat on a
report that's going to come out. I'm hoping the report doesn't say that they're
going to close down landfill stations. In fact, it would be really great if we could
stand up more landfill stations. But what we really need to look at I mean, I'm
looking at my district. I have two stations that are seven days a week, and one
station that's three days a week, and I think they're located in a pretty reasonable
place. I think our community has really gotten accustomed to them.
And I would have to say the community that we're focused on today is a
community that has had service for years and years and ever and ever. The
community has gotten accustomed to it. Unfortunately, they were cut back. We
can argue if that was a good or a bad decision, but the reality of one day a week is
not sufficient if we're going to stand up a transfer station. And again, I think we
have the ability in Code to set a standard. And so that is why I'm in support of
overriding the veto.
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Hawaii County Council-45 August 7,2024
But more importantly, if we're in a fight with this Administration, between the
legislative branch and the Administration, are they going to sue us? I mean, what
are they going to do? If they don't enforce it and they don't follow what we want
and they go to one day a week, I mean, somebody's got to hold Administration
accountable. So, kind of curious legally if they keep this argument that we've
overstepped our bounds, where are they going to take this? Are they going to go
farther with it, or are they going to ask Corporation Counsel to go farther with
this? I'm curious. Is Corporation Counsel there?
CHR. KIMBALL: Yes, Corporation Counsel is here, Council Member Evans.
But before I ask Judge Strance to come up, I will just say, as a reminder to
everyone, that Corporation Counsel represents the entire County, including both
the legislative and administrative branch. So I'm not sure that she can answer
your question directly because any kind of scenario like that would probably
involve, I'm guessing, outside counsel. But, Judge Strance, do you have any
comments at this point?
MS. EVANS: I guess that becomes a problem for us as the Council, because
when we ask questionsI guess I'm asking as a Council, legislative branch what
is her opinion on does the executive branch—what way can they challenge the
decision of the Council? And can they challenge this decision, the
Administration?
CHR. KIMBALL: Before you answer, Judge
MS. EVANS: So, in that question, she is representing the legislative branch.
CHR. KIMBALL: Yeah. First of all, I think the process of having vetoed our
legislative action would be the way the Administrator would say that he disagreed
with our action. But, Judge Strance, go ahead and respond, please.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: It's still "good morning." Elizabeth Strance, Corporation
Counsel. I don't think it's appropriate for me to get involved in the discussion of
"What are they going to do? Sue us?" kind of comment. If the body wants
further opinion or thoughts on how to analyze separation of powers or how we'd
look at, or our research directs us on evaluating unfunded mandates. I'm happy to
share that with you. You folks have been provided an analysis and an opinion.
I think one of the things that concerns me just a little bit is that some of the
comments, in my view, don't really track how these issues are analyzed, and that
would be the concern. And so long as the body undertakes its analysis, it will
agree or disagree. If there was a case right on point on this issue, we would have
cited it to you. We didn't find that. But there were issues that were raised about
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Hawaii County Council-45 August 7,2024
separation of powers and unfunded mandates, and I am still concerned that—
whether
hatwhether this body overrides the Mayor's veto or not is a decision that it's going to
make. What's more important to me, as your legal counsel, is to make sure that
you understand the issue, and that you undertake the analysis and reach a
conclusion. So I think that's mostly what I have to say about that.
But we do represent the entire County. And it's a little concerning of the "us" and
"them," "What are you going to do? Sue us?" kind of thing, as if you represent
two different organizations, when what is really true is that this conversation
involves the healthy functioning of a municipal corporation of which everybody
has some level of responsibility. And there will be times when you folks
disagree. That's part of the process. But I think what's most important is that
everybody understands that process and does their best to employ it. And when
there are disagreements, that they are principled with disagreements.
MS. EVANS: I thank you for that insight. I just want to make of the record I
don't believe this is an unfunded mandate. In our budget process, we gave a lot of
money to stand up and deliver to the public these transfer stations. Us setting a
minimum standard of two at each one is not unfunded, because they can move
money around in the department. They can change schedules at other landfills
and transfer stations. They've got plenty of money. They just got to—it's how
they manage it and how they make choices. So I would have to really disagree.
This is not an unfunded mandate. But having said that, maybe we need, at some
point, have some official study or discussion on what truly is an unfunded
mandate because, again, I respectfully disagree. And with that, thank you for
your comments. I yield.
CHR. KIMBALL: Judge Strance.
MS. STRANCE: On the issue of unfunded mandate, this body went through a
budgeting process. As part of that budget process, there was a program review.
And so, at the time of the program review, this body had before it the proposed
program of the department and it approved the budget. Part of the separation
analysis isn't the fact that you have money and now you can move it around,
because the budget was adopted with a program, and coming in after the budget is
passed with the program description is what the mandate is.
It would be a very disruptive budgeting execution process if at any time the
Council could come in and mandate certain methods of operation, and the basis
for it is "Well, you can rearrange the priorities that you provided to us when we
adopted the budget" and that their planning was based upon the budget that was
provided. And so I think it misses the discussion a little bit, that"You got money.
You can find it or you can shift things around"because part of the budgeting
process and the planning process is based upon the budget provided.
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Hawaii County Council-45 August 7,2024
And so, as you may recall during the budget hearings, there were budget
amendments proposed—some passed, some didn't—that anticipated or
encouraged departments to adopt or grow programs. And part of the purpose of
that was the legislative body's directive to departments or desired departments to
fund something that wasn't already there. And so I respectfully disagree with the
idea that this Council, after a budget is passed, can then go back and look at the
department's budget and say, "Oh, you have money. We're going to change how
you organize your program." That's really what that discipline requires.
If the department came back and said that it's not a change in their program or
operations, that might look a little bit different, and I don't recall specifically what
Director Mansour said about that. But I think that's one of those guardrails about
governance that is something to pay attention to.
CHR. KIMBALL: Thank you, Judge Strance. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. On the unfunded mandate issue, does it
change anything at all, that the Administration did find the funding and did open
the second day, and actually already meets this criteria now before this has been
finalized and signed, every transfer station is open for a minimum of two days?
Does that change how we think about or talk about this now?
MS. STRANCE: The fact that the department changed its operations, that doesn't
change the fact that there was a budget presented, there was a program presented.
And the legislation itself attempts to change the program described. So, the
coming back and saying "no harm, no foul" kind of issue, I'm not sure that's part
of it. It does point to a need that they were able to find resources to do that, but
on the lawmaking side of it, I don't think that that's the way that it works. I think
that's all I'll say about the unfunded mandate, that they found the money doesn't
mean that it wasn't funded.
MS. KAGIWADA: Okay. It does make me think that, especially because I don't
believe we passed the final bill until after they were already doing the two days a
week.
MS. STRANCE: My understanding is that—I'm not sure I understand your
question. The issue that was raised and is trying to—that was initially trying to be
addressed by the bill had been in effect at the time of budgeting. And it had been
the topic of some meetings, I think, at the Environmental Management
Commission. And, Council Member Kierkiewicz,you can correct me if I'm
wrong.
And so that process or the operations of the department were known at the time of
the budget review. And I don't want to talk too specifically because I haven't
researched about who said what when about those operations. My comments
really are more generally directed to what constitutes an unfunded mandate.
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Hawaii County Council-45 August 7,2024
MS. KAGIWADA: Okay. Well, in my mind, at this point we're just trying to
keep things, for the minimum, as they are now. We want this to continue. We're
not even asking for anything different that's happened and that's happening right
now.
MS. STRANCE: I would beg to differ a little bit, Council Member, because on
the separation-of-powers analysis, both the Charter and the County Code direct
the Department of Environmental Management to manage solid waste. A
description that I found that might help you at least better understand how I'm
approaching it is that, really, the test to determine what is legislative and what is
administrative has been said to be whether the ordinance is 1) making a new law
or 2) executing a law already in existence.
And so, both under the County Charter and under the County Code, the
department is directed to manage solid waste. And this legislation comes in and
tells the department how it's going to manage solid waste, irrespective of any
other authority or discretion of the department.
So, as you might recall, one of the suggestions and what this body did with the
Department of Parks and Recreation is that there's a County ordinance that directs
what the hours of the parks should be. But there's also a provision within that
same part of the Code that still allows the Director to exercise discretion in
operations. And so, it clearly sets forth the intention and preference of the body
without removing authority of the Director that is granted to it.
I think those are the general guidelines. They're not always clear, and I think
that's where the struggle is on this bill. And it gets murkier when you get into
municipal government where there are lots of different structures from municipal
government. For good or bad, this County government is established with more
of a traditional separation-of-powers analysis, and so we're able to kind of look in
those areas for some explanation and guidance. But it's not an easy one. I've
said it before, right, I respect the positions that you folks are in, and they're not
always easy.
MS. KAGIWADA: Okay. I respectfully disagree a little bit. I think what you're
speaking to is more about separation of powers, not about the unfunded mandate.
And so, still it may have merit but, yeah, okay. I do thank you for delving further
into this with us. Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Vice Chair Inaba.
MR. INABA: Thank you, Chair. First of all, I want to say when a veto comes to
us and we consider an override, I do think the Mayor should be here. I'm not sure
where he is today, but in recalling other attempts at vetoing our bills, he has not
shown up. I think it's disrespectful. If you're going to try and veto something,
come here to defend it yourself.
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Hawaii County Council-45 August 7,2024
Regarding separation of powers, Section 15-8 of the County Code, regarding
Parks and Recreation, dictates the hours that Parks and Recreation facilities in our
County are open. I'm not sure. I don't want to get into a discussion here. I see
that as the same thing as what we're talking about here. We choose, via Code,
when certain County facilities are going to be open. We're not creating
something new. We dictate elsewhere in the Code when County facilities are
open.
Going back to this concept of what is unfunded, I'm not sure whose decision it
was, but originally we had no traction on getting this forward, as shared by
Council Member Kierkiewicz. But on the very day of the second and final
reading of this bill, the Administration, that morning, chose to start operating the
one transfer station in question here in Kalapana two days a week.
I'm wondering where in the program description did it say Kalapana was going to
operate only one day a week. Because, I think we've been talking about it's
different than what was in the program. Where is that?
MS. STRANCE: Elizabeth Strance, Corporation Counsel. Part of the budget
process was the program review, and I don't recall what discussions were held at
that time about operations. Clearly, there were concerns during the budget
process about what hours and days were going to be open at what facilities. And
my understanding is that the way that the Charter is set up, or at least the way it's
written, is that during the budget process, that's where there are discussions about
departmental programs and how they operate.
So I don't think that the operations manual is part of a budget. I think the only
comment around that is the bill came after the budget. The problem arose before
the budget and whether there were funding issues around that. That might have
been the time to have that discussion about whether the department might need
more funds to fund extra days, if that's part of what the Council wanted.
MR. INABA: The community and Council Member Kierkiewicz shared that this
was something that they needed, and it wasn't, as Director Mansour shared, it
wasn't even provided as a supplemental request in the budget. So, Managing
Director, I'm just wondering because it seems like we're representing that only
one day per week was what's in the program. Is that true or not?
MS. SAKO: I don't have the program budget in front of me. I don't recall their
program budget being that detailed as to each of the transfer stations and the
number of days they are operating.
MR. INABA: Okay, that's what I thought. Is the Mayor planning to be here
today?
MS. SAKO: No, the Mayor could not be here today.
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Hawaii County Council-45 August 7,2024
MR. INABA: Okay. Every time we take up this bill, I get so upset. Is
Director Mansour here? This is shameful. So I would ask that the Council really
consider the override of this bill. Again, there are other areas in our County Code
where we dictate operations—even more specific, the hours of operation—of our
County facilities. I think Kalapana in that specific community is already far
away. There isn't a lot of economic activity down there. And the fact that we can
provide, via this bill, guaranteed two-days-a-week access to their transfer station
shouldn't even be a question. We talk about equality and equity. We stand up an
office dedicated to that. Well, let's follow up and make sure that our legislation
and our County Code is in line with that. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thinking on words I
heard today: healthy community, healthy check and balance. I think the
community really has benefited through the work of Council
Member Kierkiewicz and the resulting two days. Regardless of how we get there,
we now have two days for the community that was requesting. I'm very much
results-oriented, and in seeing that we have the result that was initially wanted, I
won't be supporting overriding the veto because it goes against the direction of
our own legal counsel. And it becomes an interesting place where we just
wantonly decide when we go with or against Corporation Counsel, use them as
the backbone for certain arguments and not for others. So I'm in support of the
Administration and the ongoing discussion and the concerns voiced at every
hearing. And in seeing that the community has the second day that was requested,
I'll be supporting the Mayor's veto today. Thank you.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Go for it,
Council Member Galimba.
MS. GALIMBA: Thank you. I don't really have a lot to say. I continue to be in
the position of understanding the community's desire for a second day. However,
being, I guess, a bit of a purist about separation of powers, and I do feel that this
does take us over a line, and would just want to put a pin on that there. Even on
the initial discussion of this, I would prefer that we not go over this and still get
the results, which is what we have done. So I will continue to vote in the same
way that I have, which would be to, in this case, not override the Mayor's veto.
CHR. KIMBALL: All right, thank you. I will just take this opportunity, then, to
share my thoughts. I think I have voted different ways every single time, and
that's because I do feel this does touch into gray area, where with one lens you
could view the two days as a policy threshold. Or I think you could, with another
lens, view it as a mandate with respect to operations, which is, as Council
Member Galimba mentioned, strongly in the side of the Administration's kuleana.
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Hawaii County Council-45 August 7,2024
I do know we have other aspects of the Code that do—like the park hours, but
again then there's flexibility with the Director's discretion to change those as
necessary.
Even as we're sitting here today, I'm like, "Oh, no, I'm going to vote `yes'; no
I'm going to vote 'no."' I am struggling. I really feel like there are different
ways to interpret this. But I want to go back, actually, to kind ofI want to
provide the Managing Director, on behalf of the Mayor, to respond I think to why
we are here in the first place, which is Council Member Kierkiewicz attempted to
work with the department and the Administration to address this problem outside
of the legislative process. And I would ask that if you can speak on the behalf of
the Administration. I don't want to legislate based on a fight between the
Administration and the Council over a particular item, something that couldI
think Judge Strance was hinting at this, that there could be kind of a slippery-
slope thing here, right. But at the same time, absolutely respect the frustration of
some of my colleagues here in terms of the process.
So I'd like to invite you to maybe speak to that because weI definitely feel
we're all on the same team, right. We all agree that what we're trying to do is
keep our public healthy and safe. Keep our environment safe. So we've had a
disagreement here about the approach to a particular issue. How can we solve
this now, with some assurances from my colleagues here that this is not going to
happen again? Thank you.
MS. SAKO: I think(inaudible). I'm not sure where all the communication
breakdowns probably happened with this, because clearly, we heard loud and
clear that the community needed more days open. And I appreciate Council
Member Kierkiewicz for bringing it out, because then at least I personally became
more aware of the issue.
So I think sometimes departments may be getting complaints. They sometimes
filter up to the Mayor's office not always. Certain things I can tell you we get
thousands of emails on, and certain issues. This was not one of the ones that rose
to my level at least. If the Mayor knew, I'm not sure. So, once it became
apparent and that the community really did need a second day through all of this
legislation, the Mayor did work with the department to try to quickly get it up and
running again.
So I think part of it is a communication challenge. But definitely, if there's
concerns, if there's issues our door is always open. I think we meet regularly with
most of you. And so it would be helpful just to try to have those discussions
ahead of time. And especially if it's something with a department specifically,
then bringing it to my attention. I do try to meet with them regularly. I'm happy
to try to get more attention to it as well.
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Hawaii County Council-45 August 7,2024
CHR. KIMBALL: Thank you for that. I do think that it was a communications
breakdown, for sure. There were also some actions that I think could have been
done better, to put it calmly. As I've said many times on the dais, I believe we are
all coming from a place of goodness. I think some of the timing choices were
unfortunate in the sense that it sort of doubled down on a perception that was
already there. So I would recommend caution in the future.
I do think that there is a policy way that we can get to what we desire here, which
is public health and safety with respect to waste management. And so, I do a
check-in with Corporation Counsel now every couple of weeks, and we do kind of
delve into this little bit about there's things that DEM is trying to do with the
weigh in and timing that they are openingI hope you don't mind me sharing
this, Judge Strance.
The way that they're operating, there is some kind of mechanism that—there's
some intent behind it. I think they need to do better at sharing that with us. And I
think if we can have a communication about what they're trying to accomplish
with the way that they're openingI mean, that's the language that needs to be in
the Code, right. They are trying to do some engineering of behavior, which we
will probably support, but let's put that policy in the Code rather than this
approach.
And moving forward, I would just encourage transparency with us about certain
decision-making. If I were to not pick on DEM for a minute but pick on other
departments, I'm constantly having to kind of explain why we're choosing to do
this project or rather that project. And if I don't have good answers from the
department, I know I can't tell them do this project over that project, but if I can't
get good information to share with my constituents why one choice is being made
over the other, that puts me in a challenging position. And it's not about being
uncomfortable. It's about not being able to reflect to my community what is
actually happening.
So that's the request here, is more broadly to this body, let'smy
recommendation is to use more policy-like language to accomplish what we're
trying to accomplish here, which is adequate and the equitable service with regard
to solid waste management across the County, but at the same time also
requesting that the Administration provide more communication specifically
around some of these decision-making, especially when they come here before the
board. With that, I will go ahead and request that we do a roll call on this,
Mr. Clerk.
Page 49
Hawaii County Council-45 August 7,2024
Vote on Bill 140: The motion to pass Bill 140 on second and final reading
(Adopted) was carried by the following roll call vote:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, and Villegas –6.
Noes: Council Members Galimba,
Kaneali`i-Kleinfelder, and Chair Kimball –3.
Absent: None.
Excused: None.
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
MS. VILLEGAS: I just wanted to thank our community for paying attention to
your civic duties and getting out there and utilizing the right and the privilege that
we have in this country, in the State, and in this County to vote. Yeah,just want
to acknowledge that and encourage all the constituents of this County to utilize
that opportunity. We are blessed in this country to have that opportunity.
CHR. KIMBALL: Thank you.
MS. EVANS: Chair?
CHR. KIMBALL: Yes. Again, these are announcements, opportunities. So
announcement for specific activities in your district that you'd like to share before
we adjourn.
MS. EVANS: I just want to point out that tomorrow is the one-year anniversary
of Lahaina, and I would like to request a moment of silence.
CHR. KIMBALL: Thank you for that. In memoriam of those lives lost and all of
the impacts of the fires in Lahaina, we will take a moment of silence.
(Note: At this time, Council Members observed a moment of silence.)
CHR. KIMBALL: Thank you for that, Council Member Evans. Our hearts go
out to our friends over on Maui.
And one last announcement. We do have world sprints coming to Hilo, starting
on the 13'', so please be aware of traffic. But also please help us welcome our
international va`a community, 27 countries, with the para event happening on the
13''. So a lot of—first time, I believe, that there's going to be a Para Va`a race.
So encourage everybody to join us.
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Hawai`i County Council-45 August 7,2024
ADJOURN- There being no further business, Chair Kimball adjourned the meeting at
MENT: 12:32 p.m.
Council Approval: OCT 1 6 2024
CO
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