HomeMy WebLinkAboutMIN COUNCIL 2024-09-04 2022-2024 Hawaii County Council
471h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
September 4, 2024
INVOCATION: Deacon David Watson of St. Joseph Catholic Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 11:01 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
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 September 2024 Haweo Award to
EXPRESSIONS OF Senior Account Clerk Ray Miyaji of the Hawaii Fire Department.)
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Hawaii County Council-47 September 4,2024
Colin Keola Childs: Bill 104, Draft 6 (Comm. 600.44); and
Bill 123, Draft 5 (Comm. 677.32), comment.
Chuck Flaherty: Bill 123, Draft 5 (Comm. 677.32), comment.
(representing Sierra Club —
Hawai`i Island Group)
Les Estrella: Res. 595-24 (Comm. 997), in support.
(representing Going Home (See Comm. 997.1)
Hawaii)
Susan Collins: Bill 144, Draft 2 (Comm. 786.43), in support.
(representing Bird and Bee
Hawaii, LLC)
Vanessa Houle: Bill 144, Draft 2 (Comm. 786.43), in support.
(representing Big Island
Beekeepers Association)
Jon Olsen: Res. 583-24, Draft 2 (Comm. 977.8); and
(representing Mainstreet Pahoa) Res. 584-24 (Comm. 978), in support.
Debbie Hecht: Bill 104, Draft 6 (Comm. 600.44), in support.
(See Comm. 600.51)
Harry Holm: Bill 144, Draft 2 (Comm. 786.43), in support.
(representing Big Island
Beekeepers Association)
Jackie Prell: Bill 188 (Comm. 967), in opposition.
CHR. KIMBALL: With that, I'd like to start with the Reports, please, Mr. Clerk.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
GOEAC-149 NOMINATION OF JANET SIX TO THE HAWAII COUNTY CULTURAL
(Comm. 974): RESOURCES COMMISSION
Page 2
Hawaii County Council-47 September 4,2024
Vote on Ms. Lee Loy moved to adopt Governmental Operations and
GOEAC-149: External Affairs Committee Report No. 149. Seconded by
(Adopted) Ms. Kagiwada and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Congratulations, Ms. Six, and we appreciate your service to
the County.
GOEAC-150 NOMINATION OF MELVIN VENTURA TO THE LIQUOR COMMISSION
(Comm. 975):
Requires Council
Confirmation by: September 14, 2024 (Section 13-4(k),
Hawaii County Charter)
Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and
External Affairs Committee Report No. 150. Seconded by
Mr. Inaba.
CHR. KIMBALL: Any discussion? Vice Chair Inaba.
MR. INABA: Yes,just quickly, I wanted to state for the record that Mr. Ventura
was present in Hilo Chambers and came. We told him he could go his way.
CHR. KIMBALL: Thank you. Council Member Kierkiewicz.
MS. KIERKIEWICZ: Chair, friendly reminder that I'll be recusing myself from
this vote. Thank you.
CHR. KIMBALL: Thank you, appreciate that. Alright, any further discussion?
Seeing none, all those in favor please say "aye."
Page 3
Hawaii County Council-47 September 4,2024
Vote on The motion to adopt Governmental Operations and
GOEAC-150: External Affairs Committee Report No. 150. Seconded by
(Adopted) Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: None.
Excused: Council Member Kierkiewicz— 1.
GOEAC-151 NOMINATION OF TAYSEN WONG CHONG TO THE GAME
(Comm. 976): MANAGEMENT ADVISORY COMMISSION
Requires Council
Confirmation by: September 14, 2024 (Section 13-4(k),
Hawaii County Charter)
Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and
External Affairs Committee Report No. 151. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: Any discussion? Council Member Lee Loy.
MS. LEE LOY: I just want to thank Taysen for stepping up. He actually brought
his parents, Lynnanne Wong Chong, who's my classmate, I have to, go warriors.
Thank you so much. This is a very unique commission, and I really appreciate all
of the hunting and gathering experience that you bring to this Commission. I
yield.
CHR. KIMBALL: Thank you. Any further discussion? Yes, thank you. You
folks look lovely in your coordinated black and orange. Maybe a month early but
thank you for being here. We appreciate you and appreciate your service. All
those in favor please say "aye."
Vote on The motion to adopt Governmental Operations and
GOEAC-151: External Affairs Committee Report No. 151 was carried by
(Adopted) the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 4
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Thank you very much for being here and congratulations.
Mr. Clerk, I'd like to go to Bill 144 for second and final reading, Draft 2.
Bill 144: AMENDS CHAPTER 4 AND CHAPTER 25 OF THE HAWAII COUNTY CODE
(Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO APIARIES AND
BEEKEEPING
Adds and amends existing definitions, establishes generally accepted apiary
management practices, and adds apiaries as permitted uses in seventeen zoning
district classifications, including all Residential and Agricultural zoning districts,
the Resort-Hotel district, all Commercial districts, all Industrial districts, the Open
district, and the Downtown Hilo Commercial District, to promote beekeeping.
Reference: Comm. 786.43
Intr. by: Ms. Kierkiewicz
First Reading: August 21, 2024
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 144, Draft 2, on
second and final reading. Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We are here, bee fam (family). There
have been so many individuals that have been really instrumental to this effort,
from the community, from the industry, from State and County. But I want to
take a moment to give a special mahalo to Harry Holm, Vannesa Houle and Iris
Carter, who is not here. But these three individuals approached me, pre COVID
(Coronavirus disease), to start looking a look at our County Code. And I would
be remiss if I also did not extend the mahalo to Leslie Chow and Clerk Henricks
for their impeccable,just support in ensuring that this bill really sings and does
the beekeeping community justice. So, those mahalos are with so much aloha and
gratitude.
You know, this bill is going to permit and encourage beekeeping across all of our
zoning districts to make it a more accessible activity to more of our residents. It
also helps a lot of folks come into compliance. We have folks that are keeping
bees in residential neighborhoods and on school properties right now. So, this
makes sure that they're actually in compliance with the law.
I think this legislation is also a really wonderful testament to the wonderful
collaboration that happens when County and community and even State
government get involved to resolve the issues together. I think it really reflects
our county's commitment to ensuring that we have healthy eco systems, thriving
food systems, and we are responsible environmental stewards. We are
recognizing with this legislation, the crucial role that bees play in supporting
healthy biodiversity,pollinating our food crops, and ensuring ecological balance.
Page 5
Hawaii County Council-47 September 4,2024
In this bill, we also include a set of best management practices which is, I think, a
really valuable resource to new and experienced beekeepers because it creates a
culture of education and responsible beekeeping that ensures that folks are doing
this safely and we are minimizing potential risks as much as possible. Also in
this legislation, we've identified the appropriate county and state agencies to
consult with and direct complaints to, which provides for a more, I think,
responsive and transparent government structure in managing our beekeeping
activities.
We all know beekeeping, it's good for the planet and our food resilience, but also
our economy. Harry touched on this a little bit. Hawaii provides, Hawaii Island
specifically, provides a significant amount of queen bees to the United States and
Canada and because of the glorious weather we have here in the islands, we are
able to maintain bees year-round,produce honey, things like mead, all these extra
value-added products.
So, with the adoption of this legislation today, we now become, I think, a model
for other counties and regions in promoting sustainable beekeeping practices.
Once this bill is signed into law by the mayor, we will be working with the
Department of Research and Development(R&D) and community stakeholders to
ensure that more of our residents are aware of beekeeping opportunities in their
communities. Looking for everyone's continued support.
Final thing, Chair, that I wanted to just wrap up is at first reading there was a
question about movable frame structures within hives. In consulting again with
the Department of Health and I have folks here from the beekeeping community,
it's actually a legal requirement in the United States that hives have movable
frames. This is because in the event of a pest outbreak or diseases, you have to be
able to remove the frame out of the hive to check it and mitigate those issues. So,
hoping that folks can support the legislation as written today. Thank you. I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Going to Council
Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I just want to thank my colleague for the
incredible work on this. I know it was a bit of a marathon piece of legislation and
we're lucky that we have a marathon runner who was leading the charge here.
So, thank you very much, Council Member Kierkiewicz. I think it's a really
important piece of legislation that sets our county up for success. I see a couple
of my neighbors back there too, who I didn't even know were bee enthusiasts.
So, very happy to support this legislation. Thank you so much.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member Villegas.
Page 6
Hawaii County Council-47 September 4,2024
MS. VILLEGAS: Yeah, I just want to chime in with my support for this
legislation, my passion and appreciation for the bee industry on this island. My
stepfather's a long-time now retired beekeeper with Kona Queen. So, I really
appreciate you mentioning the Big Island being a hub for queen propagation
which keeps the food industry and us as humans and other creatures alive. So,
thank you for picking this up, carrying it forward, working with Council Member
Kierkiewicz to ensure that all the necessary legal documents are in line to protect
you from having any hiccups or anyone coming and making any trouble for you
and your bees. So,just wish you the best always and thank you for continuing to
perpetuate this ancient art form that really perpetuates our lives as a human
species and the perpetuity of humanity. So, thank you. I'll be supporting. I
yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing
none, all those in favor of adopting Bill 144, Draft 2, at second and final reading
please say "aye."
Vote on Bill 144: The motion to pass Bill 144, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KIMBALL: Congratulations, Council Member. Alright, with that, we are
going to go to the top of the agenda, please, Resolutions.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Page 7
Hawaii County Council-47 September 4,2024
Res. 583-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR
(Draft 2) AGREEMENT WITH SUSTAINABILITY PARTNERS SUBSIDIARY HAWAII
ISLAND EV, LLC, TO REPLACE AND INSTALL ADDITIONAL ELECTRIC
VEHICLE CHARGING STATIONS
Authorizes the Mayor to enter into a ten-year lease agreement with an approximate
monthly cost of$5,717, to replace inoperable and aging vehicle charging stations
and install four additional charging stations at the West Hawaii Civic Center, the
Aupuni Center, and the County Building.
Reference: Comm. 977.8
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-183
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 583-24,
Draft 2, and Finance Committee Report No. 183. Seconded
by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: We have members from the last meeting
here with us today. Thank you for being here, Mr. Noel, good to see you. Then
Director Adams is online if there are any questions. I don't have any further
questions today. Thank you.
CHR. KIMBALL: Thank you. Any further questions or comments? Alright,
seeing none, all those in favor please say "aye."
Vote on Res. 583-24: The motion to adopt Res. 583-24, Draft 2, and Finance
Draft 2 Committee Report No. 183 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Lee Loy,
Villegas, and Chair Kimball—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Page 8
Hawaii County Council-47 September 4,2024
Res. 584-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
Allows for a cost-share agreement for up to ten Volunteers in Service to America
members with the County funding two members at a cost up to $45,764, and eight
additional members supported by AmeriCorps, to strengthen and supplement efforts
to eliminate poverty-related human, social, and environmental problems.
Reference: Comm. 978
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-184
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 584-24 and
Finance Committee Report No. 184. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you. I don't have any comments on
this but want to recognize the Director being present. Thank you.
CHR. KIMBALL: Thank you. Any further discussion on this matter? Seeing
none, all those in favor please say "aye."
Vote on Res. 584-24: The motion to adopt Res. 584-24 and Finance Committee
(Adopted) Report No. 184 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.
Res. 585-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE HAWAII COUNTY DEPARTMENT OF RESEARCH AND
DEVELOPMENT
Allows for the receipt of$40,000 of federally-derived funds to provide community-
based training and regional education from local historians, cultural practitioners,
and other sources to AmeriCorps Volunteers in Service to America personnel.
Reference: Comm. 979
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-185
Page 9
Hawaii County Council-47 September 4,2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 585-24 and
Finance Committee Report No. 185. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: We had good discussion on this at the last
meeting. Again, recognizing the Director being present for further questions.
Thank you, Chair.
CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please
say "aye."
Vote on Res. 585-24: The motion to adopt Res. 585-24 and Finance Committee
(Adopted) Report No. 185 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.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Bill 190: 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 Federal Grants —Volunteers in Service to America
Support Grant account($40,000); and appropriates the same to the Volunteers in
Service to America Support Grant account. Funds would be used to provide
community-based training and regional education from local historians, cultural
practitioners, and other sources to AmeriCorps Volunteers in Service to America
personnel.
Reference: Comm. 979
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-189
Page 10
Hawaii County Council-47 September 4,2024
Vote on Bill 190: Mr. Kaneali`i-Kleinfelder moved to pass Bill 190 on first
(Approved) reading and adopt Finance Committee Report No. 189.
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.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 586-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
FEDERAL HIGHWAY ADMINISTRATION AND THE STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION PURSUANT TO HAWAII REVISED
STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF
MANAGEMENT
Allows for the receipt of$96,000 in federally-derived funds, which would be used
to promote alternative transportation options,pedestrian and bicycle safety, and
introduce the community to the interconnectivity provided through the Trek the
Trails project.
Reference: Comm. 980
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-186
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 586-24 and
Finance Committee Report No. 186. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: No comment, thank you.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you, yes. Based on the B52 for this resolution, it looks like
the plan for these funds are to promote and conduct two one-day community
events. I just want to put the request out there for the administration to please let
us know, as Council Members, when these events will be so that we can get that
information out to our constituents and try increase participation in these events.
Previous events in Kona at least kind of went without notice, so we'd just like the
opportunity to share. Mahalo.
Page 11
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Thank you, Vice Chair Inaba. Director Adams, are you still
on there? Hopefully, you were able to hear that message. I think, yes, we're all
interested in promoting attendance at these events. I'll make sure that he heard
you. Alright, any further discussion on this item? Seeing none, all those in favor
please say "aye."
Vote on Res. 586-24: The motion to adopt Res. 586-24 and Finance Committee
(Adopted) Report No. 186 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.
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 191: 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 —Hawai`i County Trek the Trails
account($96,000); and appropriates the same to the Hawaii County Trek the Trails
account. Funds would be used to promote alternative transportation options,
pedestrian and bicycle safety, and introduce the community to the interconnectivity
provided through the Trek the Trails project.
Reference: Comm. 980
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-190
Vote on Bill 191: Mr. Kaneali`i-Kleinfelder moved to pass Bill 191 on first
(Approved) reading and adopt Finance Committee Report No. 190.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 12
Hawaii County Council-47 September 4,2024
Res. 604-24: URGES THE MAYOR, PROSECUTING ATTORNEY, AND EXECUTIVE
AGENCIES OF THE COUNTY TO OBSERVE SEPTEMBER 2024 AS
NATIONAL PREPAREDNESS MONTH WITH A FOCUS ON ASIAN
AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER
COMMUNITIES
Reference: Comm. 1006
Intr. by: Ms. Kimball
Waived: GOEAC
Motion to Approve: Ms. Lee Loy moved to adopt Res. 604-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: This is something that I put forth working with OSCER
(Office of Sustainability, Climate, Equity, and Resilience) and so, we have
members from our OSCER office. Administrator and staff members, if you
wouldn't mind coming forward and saying a few words before we adopt it. I did
advance this forward directly to Council since it has to do with this whole month.
So, I wanted to get it on the agenda as quickly as possible. Administrator
Morrison, the floor is yours.
(Note: At this time, Interim Sustainability Administrator Bethany
Morrison, of the Office of Sustainability, Climate, Equity, and Resilience,
came forward to address the members of the Council.)
MS. MORRISON: Aloha, Council, Bethany Morrison, intermittent Administrator
for Office of Sustainability, Climate, Equity, and Resilience. Just want to thank
Chair Kimball for bringing this forward. We want to recognize, of course,
anytime should be preparedness month, but there is a unique opportunity here
with ready.gov, which provides a host of resources and tools for us to be able to
get the message out. So,just thinking about this year, they focused the campaign
on preparing Asian American, Native Hawaiian, and Pacific Islander
communities. And that really is our community here, which is a unique
opportunity for us to lean into that and work to tailor some of their resources
thoroughly for the strengths and the needs of our community, which we know
already has a great propensity towards resiliency.
The other part of their theme of ready.gov is start a conversation. So, this is really
important when we think about, especially reaching out into communities that
don't tend to get an opportunity to participate. How do we start that
conversation? Who do we start that conversation with and really focusing on
being able to make that accessible to folks.
So, we are currently partnering with Civil Defense on a national preparedness
month social media campaign, and we hope to get the word out on these
important tips that are available at ready.gov. But again, they're really tailored
Page 13
Hawaii County Council-47 September 4,2024
towards the needs of our community. And we just offer for you folks to like and
share those to help us get the word out to your communities as well. Thank you.
CHR. KIMBALL: Thank you, Administrator. Council Member Lee Loy.
MS. LEE LOY: Thanks, Chair, for advancing this, and Director Morrison for
being here. Love all of it and what the funding is for. I did want to acknowledge
that within these Asian Pacific native communities, there are a lot of kupunas who
don't have the availability to technology. So, as you get this message out, I know
it's always fun to start a social media campaign, but if we could make sure that
we just tease out some dollars just to really go touch that community, especially
our kupunas who may not be able to get information. In support. Thank you,
Chair, I yield.
CHR. KIMBALL: Thank you so much. Anyone else? Comments? Alright,
seeing none, I'll just conclude by saying I really want to thank the Federal
Emergency Management Agency for identifying what really is, as you said,
Administrator, our community, Asian Americans, Native Hawaiians, Pacific
Islander communities and highlighting that is this year's focus nationally with
respect to the preparedness month. So, I think it's really important, obviously, for
all of us here to ensure that we have a safe and prepared community. Thank you
for being here. Alright, with that, all of those in favor please say "aye."
Vote on Res. 604-24: The motion to adopt Res. 604-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 14
Hawaii County Council-47 September 4,2024
Res. 605-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC
DEVELOPMENT AND TOURISM, THE CITY AND COUNTY OF
HONOLULU, THE COUNTY OF MAUI, AND THE COUNTY OF KAUAI,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO
SUPPORT THE DEVELOPMENT OF HAWAII'S CREATIVE ECONOMY
Establishes and defines the roles of each entity to execute a plan on shared
marketing efforts, develop a strategic road map, implement plans to support
workforce development, align County and State Film Office integration, and
institute cost sharing to support the development of Hawai`i's creative economy.
Reference: Comm. 1007
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 605-24.
Seconded by Mr. Inaba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you, Chair. This item was asked to
be waived to Council to expedite the process. We do have Director Adams here
joining us. Thank you, Director, for being here. Can you provide us a little bit of
background on this? It looks neat, sounds interesting, looking to get some more
information from you.
(Note: At this time, Research and Development Director Douglass Adams
came forward to address the members of the Council.)
MR. ADAMS: Thank you very much, Council Member and thank the Council
for your forbearance in waiving this to Council. Part of the reason for that is that
this is a document that's signed by the four County Mayors along with the
Director of Business and Economic Development and Tourism, DBEDT. So,
there was some timing issues associated with making sure that we could get this
to them. So, really appreciate the Council.
This is an MOA (Memorandum of Agreement) that's associated with our creative
industries, our film industry, both in the state and here in Hawaii County. It's
associated with the opportunity for diversification and revitalization of our
economy. The MOA itself has been in the works for at least a year-and-a-half to
two years.
Our Corporation Counsel and the state Attorney General had been working on
making sure that the phrasing is correct. The real key here, I believe, is indicated
in the notes that you have available to you, is this opportunity for all of the
counties and the state, creative industries, and film office to work together both as
Page 15
Hawaii County Council-47 September 4,2024
a brand and to make sure that we are doing the things that we need to do on a
workforce level. That's part of the key elements for us is making sure that we are
both educating and training,providing those opportunities for the variety of
workforce positions that are a part of this industry, as well as making sure that
those folks then have an opportunity to have access to those positions when
productions are either created here or come here. So, this MOA is a step forward
in a major way to make sure that we are all working together, and I'm glad to take
your questions. Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Director. Chair, I
yield.
CHR. KIMBALL: Thank you. Any questions for Director Adams? Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Aloha, Director, great to see you on the
big screen here. I was wondering about the timing of a couple of the deliverables
including the strategic roadmap. When will that commence? The discussions,
and when do we expect for there to be a roadmap that this county, in conjunction
with all of the other counties, are working in a coordinated way?
MR. ADAMS: Thank you for that question. The conversations among the film
commissioners and the film office director as well as the director of the creative
industry division had been ongoing. There is not a strategic roadmap yet. I'm not
able to tell you what the timeline is for completing that, but I can tell you that it
has been an effort that we definitely want to complete as soon as possible.
One of the things that we have done is move forward with a software update to
our film office that will provide information, not to say that it's directly like a
LinkedIn but there are portions of it that provide the same kind of flexibility and
capacity so that we have folks that can put their information on as well as
productions being able to put information about what they're doing on this
website. It also helps with the location work that productions will do both at the
state level and in the county level. So, we had made some there has been some
effort moving forward that will contribute to this strategic roadmap.
As I'm sure you know, this is not just within the state administration or the county
administration. The state legislature, as I'm sure the Council, is very interested in
how this moves forward and anything that we do has to incorporate plans for
workforce development.
MS. KIERKIEWICZ: Thank you. I'm really interested in that directory you're
talking about. It reminds me very much of the Kukulu Switchboard. I think that
was developed amidst the pandemic where folks were able to identify the skills
and things that they bring to the table but also folks could reach out and say,
Page 16
Hawaii County Council-47 September 4,2024
"Hey, I need this." So, very organically, but online, people were able to foster
those collaborations. So, very excited that's happening for this industry.
How is this particular effort being reinforced by our county's workforce
development board? Because there is funding available to support workforce
development in existing emerging and new industries. So, I'm just wondering
about the alignment.
MR. ADAMS: So, the alignment, Council Member, is a couple of things. One,
the Good Jobs Hawaii approach or initiative that is being run by the University of
Hawaii system and on our island, Hawaii Community College, this is one of
those sectors—creative industry is one of those sectors that they are focused on.
Then in our own work, the ETP (Employment Training Program), the training
provider opportunities is something that we are making sure that we are up to date
on and also taking a look at whether or not there are opportunities, particularly in
conjunction with the community college and some of their courses that they have,
and see if we can provide some funding to support students being able to attend
some of these courses.
MS. KIERKIEWICZ: Fantastic. Thank you. Just a couple more questions. Just
going through the B52 here, there's a mention of our comprehensive economic
development strategy. I saw you at a luncheon with Jacqui Hoover last week and
I took another opportunity to review this particular sector within the CEDS
(Comprehensive Economic Development Strategy). While creative industries is
mentioned in the overall summary, it's not identified as a specific priority action
in our CEDS. Is there an opportunity to update our CEDS? How do we resolve
that issue?
MR. ADAMS: So, the fact that it's not included as a priority does not mean that
it's not a county priority. I would just say that. As you know, there are so many
things that can get done as a part of developing that document but it's clearly a
priority for us. To answer your question specifically, any amending of the county
CEDS will be done the next time that runs around. So, that would be in the 2026
time period.
MS. KIERKIEWICZ: Great, I just want to make sure that we are not discounting
ourselves from going after any sort of available funding from the federal level
EDA (Economic Development Administration).
Director, one final question. It talks about county and state film office
integration. I'm just curious if you could speak to the status of our county's film
office and if we've selected a new commissioner.
MR. ADAMS: We have. We have a new commissioner that started work this
last Tuesday, September 3rd,Sherri Nakagawa, who has been a part of our
department for the last year-and-a-half in an economic development specialist
role. So, she is now the Hawaii County film commissioner. So, we have a full-
Page 17
Hawaii County Council-47 September 4,2024
time person in that role, very excited about that. She has had some experience
during her time here assisting the tourism sector as well. So, her background will
serve to help us in the film commission role moving forward. Very excited about,
in particular, her connection and her understanding of how counties work. She
has both the City and County of Honolulu and the County of Hawaii background
and experience. So, making sure that our processes and procedures are done in
accordance with the ones we have here in terms of the interagency,
interdepartmental work, and then also understanding how that works at the state
level would be very helpful.
MS. KIERKIEWICZ: Director, fantastic. I can't wait to meet Sherri and support
her. I fully support this resolution. I love that we are exploring ways to diversify
our economy. Reflecting on our workforce development report that was issued by
Vibrant Hawaii, creative media was the number one industry our youth was
interested in pursuing. So, I'm very excited that we are in a meaningful and
coordinated way, trying to find ways to uplift this industry. Thank you, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on
Resolution 605? Alright, seeing none, all those in favor please say "aye."
Vote on Res. 605-24: The motion to adopt Res. 605-24 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. 606-24: CREATES ONE NEW BUSINESS MANAGER POSITION FOR THE HAWAII
POLICE DEPARTMENT
Establishes a new position to oversee the department's Finance and Human
Resources Sections.
Reference: Comm. 1008
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 606-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here
today. This was waived to Council as well as requested by Chief Moszkowicz
Page 18
Hawaii County Council-47 September 4,2024
and Deputy Chief Mahuna, correct? Well, Mr. Burian is here today. Thank you
for being here. I just sent the link over for Chief to join by Zoom. You're here,
until I see him there, let's proceed with you giving us some background for the
Council on why we're waiving to Council and what the need for the position is.
(Note: At this time, Assistance Police Chief Andrew Burian came forward
to address the members of the Council.)
MR. BURIAN: Okay, sounds good.
MR. KANEALI`I-KLEINFELDER: Thank you, Assistant Chief.
MR. BURIAN: My name is Assistant Chief Andrew Burian. I've been with the
Hawaii Police Department about 33 years, and during that time, I had basically
zero human resources, well specific human resources and finance training. I'm a
Police Officer, but I'm also now as the Assistant Chief, I'm the personnel officer
of the Hawaii Police Department. And really, three years ago about two-and-a-
half years ago when I took the position, I really wasn't set up for that and didn't
know what to expect.
So, with this request—well, let me go back a little bit more. As a personnel
officer, I really stumbled when I came in. As you folks know, human resources
and finance are critical positions within any organization. So, what we're
proposing, what the Chief is proposing, I actually had supported this from when I
first got into the position of Assistant Chief, is to create the position of a business
manager who would oversee the human resources and finance section. They
blend together, those two sections.
The biggest thing I think this position brings besides knowledge, specific job
requirements as far as human resources and finance training, is continuity through
the years. I'll be retiring at the end of this year, and I really don't want to put
another officer in the position where they're really unsure of their duties. It's a
steep learning curve but what this position would bring is a great deal of
continuity throughout the years as police positions change, as people get
promoted, retire, whatever the case is. Normally, civilian positions are very
reliable as far as length of service, training, the specific training that they bring,
and the dedication is just amazing.
So, the Chief has seen the need. Some of the duties that I do as personnel officer,
would be redistributed to that position. There are many other things that we
foresee that this position would also have their hand in as far as managing not just
human resources and finance, but that extends throughout the entire department
the things they're normally involved in.
So, that is, in a nutshell, what we're looking at doing. This would not require any
additional monies this year. What we're looking at is we have a fair amount of
Page 19
Hawaii County Council-47 September 4,2024
vacant position; we'd go ahead and use some of that money from the vacant
positions toward that. We would look probably toward next fiscal year as far as
fully funding this position or requesting funding.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Assistant Chief.
That was actually a wonderful explanation of why you needed, how much
funding, which is zero because you already have the funding, and then kind of
historical too in the fact that there is no continuity in the position. Sworn in
police officer usually rotate every five years, correct?
MR. BURIAN: Yeah, this position, I've been in three years, and like I said I'm
retiring at the end of the year. So yeah, I'd say about three to five years is normal
as far as occupying a position.
MR. KANEALI`I-KLEINFELDER: But the business manager position actually
could do well with some continuity of service.
MR. BURIAN: Definitely.
MR. KANEALI`I-KLEINFELDER: There's a beauty to that. So, I really
appreciate that explanation.
MR. BURIAN: Yeah, the journey, the experience, and that continuity is really
important for the department.
MR. KANEALI`I-KLEINFELDER: Okay, I think you spoke very well for the
department. Thank you for being here today, I'll be supporting the resolution and
urge my other Council Members to do so. Thank you.
MR. BURIAN: I appreciate that.
CHR. KIMBALL: Thank you, Council Member. Any further comments?
Council Member Lee Loy.
MS. LEE LOY: Yeah, thank you, in support. Thank you so much. On the B52,
the background report, you mentioned a couple of duties, outside contracts,
capital improvement projects (CIP), and grant management. I think what you
described as far as continuity, I mean some of these projects just go on for a while
and having someone who has the understanding and knowledge of thisI really
do support this because I know our central department, our station is in need of
some upgrade as far as elevators and just the sidewalk and entry.
So, I am in support of that and maybe this business manager can actually help
align some of those priorities so when we start plugging in CIP projects, some of
the work that is so desperately needed at our station is fulfilled and online and in
budget. So, in support. Thank you so much.
Page 20
Hawaii County Council-47 September 4,2024
MR. BURIAN: Thank you.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Chief Burian, nice to see you.
MR. BURIAN: Thank you.
MS. KIERKIEWICZ: What a great spokesperson for the department. I'm fully
in support of this request here. I would be remiss if I didn't mention that Chief
Moszkowicz also reached out to take the time to explain the need for this position.
You articulated it very well. And kudos to you for sort of upskilling and diving
into an area that you were not comfortable in but really learning new skills so that
you can continue to do what is expected of you and more for the department. So,
thank you for your many years of service to our county.
MR. BURIAN: Thank you, I appreciate that.
MS. KIERKIEWICZ: Thank you for being here.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member
Villegas.
MS. VILLEGAS: Aloha, thank you for being here. I like to call it the plight of
the competent, right? Because you can, sometimes you end up with things that
are outside of your purview of expertise. Congratulations on being in the cusp of
retirement and for this planning for succession planning. I had a great
conversation with the Chief about this. It makes total sense. It is actually
necessary for the perpetuity of management of personnel. I myself ended up in an
HR position with Kona Brewing Company so I feel you on all that that takes.
Paperwork is one part of it but then there's the personalities and the relationships
and navigating all the extra needs for men and women that serve in first responder
roles. And with all of the challenges that have come in these past years for our
police department and police departments everywhere.
Thank you for your leadership and your servant leadership by picking up what
needed to be done and also working so closely with the Chief to ensure that what
you're doing can be picked up and carried forward for the next generations of
police men and women who serve our community. So, I'm in full support today.
I yield.
MR. BURIAN: I appreciate that.
CHR. KIMBALL: Thank you, Council Member Villegas. Alright, anyone else?
Seeing none, all those in favor please say "aye."
Page 21
Hawaii County Council-47 September 4,2024
Vote on Res. 606-24: The motion to adopt Res. 606-24 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. 607-24: AUTHORIZES THE ACCEPTANCE OF DONATIONS OF ANIMAL CONTROL
EQUIPMENT TO THE ANIMAL CONTROL AND PROTECTION AGENCY
The donations from Bar-King Dog Kennel, Hawaii Island Humane Society, and
Hawaii Rainbow Rangers, with an estimated value of$144,595, would be used
island wide to support the agency's operations.
Reference: Comm. 1009
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 607-24.
Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I waived this to Council
to expedite the donation. We have Ms. Sako joining us today from the Mayor's
Office. Thank you for being here. This is actually a pretty tremendous donation.
I was looking over the list as well as the monetary value.
(Note: At this time, Managing Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Yeah. Thank you for waiving this. I think as we were going
through our inventory and adding these items to our inventory. It really was part
of the deal when we bought Barking Kennels. The owners were kind enough to
throw these items in as part of the deal, but we did forget to acknowledge their
donation and follow our proper procedures. So, we wanted to make sure we got
all caught up with that and let everybody know that we're very grateful for their
donation. We wouldn't have been able to get started with the Animal Control
center as quickly as we did if it hadn't been for their donation. So, we really
appreciate it.
MR. KANEALI`I-KLEINFELDER: Absolutely. Thank you, Managing Director
Sako for being here, I appreciate it. I yield, Chair.
Page 22
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Thank you, Council Member. Any further comments? Yes,
Vice Chair Inaba.
MR. INABA: Thank you. Can you just remind me? We do that one resolution
each year for the acceptance of all donations. This one is different than that.
MS. SAKO: It is for things that we're not capitalizing, I believe that resolution,
and I believe all of these items we're capitalizing and putting into our inventory.
MR. INABA: Okay, thank you very much. Chair, I yield.
CHR. KIMBALL: Thank you. Thank you for coming down, Managing Director,
and yes, absolutely, we appreciate the Barking Dog Kennel, Hawaii Island
Humane Society, and Hawaii Rainbow Rangers for these significant donations to
our growing and emerging Animal Control program. So, on behalf of the
Council, mahalo. Alright, all those in favor please say "aye."
Vote on Res. 607-24: The motion to adopt Res. 607-24 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.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Inaba.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 104 The following individual registered to speak and came forward when called by
(DRAFT 6) the Chair:
(COMM. 600.44):
Kyra Bronson: In support.
Page 23
Hawaii County Council-47 September 4,2024
Bill 104: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2; CHAPTER 19,
(Draft 6) ARTICLE 7, SECTION 19-53; AND CHAPTER 19, ARTICLE 11,
SECTION 19-90, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE CREATION OF A LONG-TERM RENTAL
CLASS FOR REAL PROPERTY TAXES
Establishes a Long-Term Rental tax assignment classification for properties that are
occupied under a lease for at least 12 consecutive months and under a signed lease
for six consecutive months or more to the same tenant.
Reference: Comm. 600.44
Intr. by: Ms. Kagiwada and Ms. Galimba
Approve: FC-170
Postponed: July 10 and 24, 2024
(Note: There is a motion by Ms. Kagiwada, seconded by Ms. Galimba, to pass
Bill 104, Draft 6, on first reading.)
; and
Comm. 600.49: From Council Member Jenn Kagiwada, dated August 22, 2024, transmitting
proposed amendments to Bill 104, Draft 6.
ACTING CHR. INABA: Council Member Kagiwada, go ahead.
MS. KAGIWADA: Okay. Thank you all for continuing the journey on this
discussion with us. I just want to say a couple things just to recap. I think a
couple of our testifiers did a good job, but I want to recap that this has become an
extremely simple bill in that what it does is offer a separate tax class for long-term
rentals. That is just because we do not believe that long-term rentals should be
taxed at the same rate as vacation rentals, second homes, short-term vacation
rentals, and timeshares. If you agree, then we're hoping that you will support this
legislation. I do have an amendment today, but I want to see if my colleague
wants to say anything first.
ACTING CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. Just briefly, yes, I believe Council Member
Lee Loy put it really well that we have a junk drawer in the residential class, and
this is just the first step in trying to separate out some of the properties in that junk
drawer so that we can support long-term rental properties. Council Member
Kagiwada will there are some amendments that we have that are going to
address some of the comments that we had the last time. So, I will turn it over to
Council Member Kagiwada.
Motion to Amend: Ms. Kagiwada moved to amend Bill 104, Draft 6,with the
contents of Comm. 600.49. Seconded by Ms. Galimba.
Page 24
Hawaii County Council-47 September 4,2024
ACTING CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you so much. I did not know that the first testifier,
Colin Kealoha Childs, was going to say what he said, but I want to say that one of
the things that we're doing with this amendment is addressing exactly what he
mentioned, which is striking the 12 consecutive months from the bill and just
really staying in line with the signed lease for six consecutive months, which is
how the State Department of Taxation defines long-term rentals and aligns with
our Real Property Tax folks. I believe Administrator Miura is over there in Kona
if we want to ask her about that one.
The other parts of this amendment really were just related to things that were said
here and we were trying to be very clear. There was a request to add a clause that
said, "except for the owner's principal residence"when talking about the
eligibility so that people weren't confused about that. So, we put that in as a
clarification. We were able to strike (k)(3) from the bill because that was taken
care of when we passed Bill 174. So, that simplifies things as well. We can take
out that piece talking about rentals on an owner's principal residence. Now,
we're only talking about rentals that are not on the owner's principal residence
with this bill.
Then, I just wanted to highlight(4)(B), the "Real property with agricultural use
pursuant to sections. . .." We've added two sections, and that's really just to
update the community food sustainability use assessment and the short-term
dedication that we've already passed. So, we needed to include those in there to
update and be in line with our Code.
So, those are kind of the pieces for this amendment. I hope it's going to further
simplify and clarify, and it's not really hoping to do too much in the way of
changes. I'll leave it at that for now and love to hear from our colleagues, unless
my collaborator would like to say something first.
ACTING CHR. INABA: Alright, any discussion on the amendment,
(Communication) 600.49? There being none, all those in favor of amending
Bill 104, Draft 6, with the contents of Communication 600.49, please say "aye."
Vote on Motion to The motion to amend Bill 104, Draft 6, with the contents of
Amend: Comm. 600.49 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Acting Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 25
Hawaii County Council-47 September 4,2024
ACTING CHR. INABA: Back to the main motion. Council Member Kagiwada.
MS. KAGIWADA: Yeah, sure. Once again,just looking to see if anybody has
comments, concerns, input on this at this time. If not, I'll just wrap up.
ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Council
Member Kagiwada and Council Member Galimba, for bringing this forward. I
think this actually is and has grown to be a very nice class you've created that
does actually start to reinforce long-term housing in our County. Appreciate the
work. Thank you.
ACTING CHR. INABA: Any other discussion? Council Member Villegas.
MS. VILLEGAS: Sure. Just really quickly, I want to ditto that sentiment. You
guys have worked hard, here we are at Draft 6. So, I just want to recognize and
extend my deep respect and gratitude for the diligence and tenacity and
determination it's taken to get us to this point.
I like what you said about the junk drawer of the residential class. So, thank you
for taking this on and carrying it through, and I'll be supporting this today.
ACTING CHR. INABA: Alright, Council Member Kagiwada, wrap us up.
MS. KIERKIEWICZ: Sorry, I
ACTING CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Did you say that Administrator Miura was in
Kona?
ACTING CHR. INABA: Yes, she is.
MS. EVANS: Yes, she is.
MS. KIERKIEWICZ: Hi Lisa. We're very lucky today because we also have
Deputy Administrator Keita Jo. Ladies, thank you so much first for the continued
work and iteration of this bill. I think we're getting there, and I appreciate you
continuously listening to the community and refining this legislation.
Lisa, Keita, I want to hone in on when this ordinance takes effect, January 1,
2026. So, if we're advancing legislation today, it's going to be adopted. It's
2024, talk to me a little bit about the implementation plan because we haven't yet
set rates. So, I just want to think through how we're implementing this, how
Page 26
Hawaii County Council-47 September 4,2024
people will take advantage of it, and ensure that it's worth their while, and it
pencils out for them to move into this class.
(Note: At this time, Real Property Tax Administrator Lisa Miura and
Assistant Real Property Tax Administrator Keita Jo, Finance Department,
came forward to address the members of the Council.)
MS. MIURA: Thank you. That's a good question. Lisa Miura, Real Property
Tax Administrator, and Keita Jo is here as well. He's the Assistant Administrator.
I believe two hearings ago,probably at committee, there was a timeline that we
had provided, and the Draft 6 has it so that your tax rate won't be lower than the
affordable rental, but it doesn't show what the max would be. So, I believe for
the first year, it is going to be a little bit of a soft approach into it because people
will want to know if they're in the ag tax class, if it's going to be worth it for them
to apply because next to the affordable rental and the homeowner tax class, the
next jump is the agricultural tax class. So, if they knew it was somewhere in
between it would be worth it, but if they don't know what that ceiling is it might
be hard. Because this program doesn't start until January 1, 2026, when County
Council sets the tax rates, they're not going to know what that tax rate is during
that application period in 2025.
MS. KIERKIEWICZ: Because Administrator, we can't set the rates fiscal year
'25-'26, right? We would have to set the rates fiscal year '26-'27.
MS. MIURA: Correct. So, the tax benefit, although the assessment period is
January 1, 2026, the benefit doesn't start until the tax period which is July 1, 2026
until June 30, 2027, which provides County Council up until June 20 of 2026 to
set the tax rate. How the bills are always done, or the programs is you have until
December 31, 2025 to apply. So, I think this is a soft opening. I would imagine
people are going to apply for it in hopes that County Council would look at that in
setting the tax rate.
MS. KIERKIEWICZ: Great. So, they're applying without us formally setting the
rates yet?
MS. MIURA: Correct.
MS. KIERKIEWICZ: Okay, a little bit wonky but I see what you're trying to do
here. There's clearly a need. We've had a number of folks in the community
come forward and say they need some kind of relief. And Administrator, your
office is good with all of the amendments that the Council just adopted this
morning?
MS. MIURA: Yes, we did want to clarify one thing, if it's possible, now that it's
been approved, that what we're seeing and understanding is the intent of Council
as we proceed with the rules if this passes, if that's okay.
Page 27
Hawaii County Council-47 September 4,2024
MS. KIERKIEWICZ: I will leave that for the maker. I'm done with my
questioning. Thank you so much for your presence and the additional clarity. I
yield.
MS. KAGIWADA: May I answer?
ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. I'm going
to pass the chair back to Council Chair Kimball at this time.
Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to
Chair Kimball.
CHR. KIMBALL: Thank you, Vice Chair. Yes, Council Member Kagiwada, go
ahead.
MS. KAGIWADA: So yes, that's correct. That was the intention is that you
could work—give you time to work on your rules and that way it would also
clarify things even further for the public around this. So, we wanted to make sure
that there was ample time for that, and that you got that public input as well.
CHR. KIMBALL: Thank you, Council Member Kagiwada. I'm going to pass it
here to Vice Chair Inaba.
MR. INABA: Thank you. I continue to not be able to support this bill. I think
let me state for the record as well, I think it's really become improved in its
framework. Just as a matter of policy, though, I don't think we should be creating
new classes. I think currently, the Council has struggled in trying to really
understand and wrap our heads around real property tax; the levers we pull each
budget process on how we can reduce expense, how we can best meet the needs
of our communities. Right now, Administrator Miura, for affordable rental
program, what percent of the AMI (Average Median Income) are we currently
restricting folks to renting at?
MS. MIURA: The way the Code currently reads, it's 75 percent of the payment
standard set by HUD (United States Department of Housing and Urban
Development), which Housing reports to us.
MR. INABA: Okay. So, I think for us, we are trying to encourage folks to rent
long-term. I don't think any of us disagree on that. I think rather than creating a
new class however, we can definitely look at Code to see how,perhaps, we can
increase the AMI cap for our affordable rental class. If we're able to do that, say
bring it up to 100 percent or 120 percent of the AMI, not only are we getting
people to rent long-term, which is a requirement of the affordable rental class,
we're also guaranteeing that our local communities are going to be renting at
affordable rates, because this bill as it's currently presented, does not guarantee
any type of affordability. So, folks can continue to rent at market rate and get
Page 28
Hawaii County Council-47 September 4,2024
some sort of tax benefit, which is as of this point, unknown because we won't be
setting the tax rates until after the program goes into effect.
I hope to have the Council really reconsider your position on this bill. As we
know, there are already a lot of programs; there are already a lot of classes, and to
add yet another class and another annual program that the Real Property Tax
Division needs to come and deal with more applications, I think does not serve
the public or the department any justice at that. So, I cannot support this and
what—I'll be introducing legislation around, and perhaps we can have further
discussion on increasing the affordability rate of our affordable rental class. But I
strongly urge this Council not to pass this bill. Thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas.
MS. VILLEGAS: Yeah, real quickly. Thank you, Council Member Inaba. I take
your words of heeding these decisions to heart. I just had a question for Lisa. Hi.
Now, I know that it is kind of a directive for you guys in the incredible work that
you do, enduring the decisions we make but looking for an honest answer from
you because I have felt, as was stated by Council Member Inaba, that we have
really messed with the tax codes and rates and classes quite a bit in the last year,
two years, more than I think we had in my whole prior terms.
So, I want to be sensitive to that also because I get a number of emails and
communications from constituents who find themselves all of a sudden confused,
concerned, not knowing where they fit in, what they need to claim and they feel
vulnerable, and things feel volatile for them at that point. So, I wondered also
from your standpoint about the wisdom. While it sounds great through the story
and this legislation, if so much about what we do with policy also has to do with
timing, and if it provides more stability for our County and for you guys and for
our community when it comes to their understanding of what's expected of them.
So, I would love to hear your honest insights and any perceptions you would be
willing to share with me and us today.
(Note: At this time, Real Property Tax Administrator Lisa Miura and
Assistant Real Property Tax Administrator Keita Jo, Finance Department,
came forward to address the members of the Council.)
MS. MIURA: Real Property Tax Administrator Lisa Miura. So, I would say if
this bill was effective January 1, 2025, we would be very concerned because we
are in the midst of the changes due to the agricultural program. To a degree, we
still will be next year because the appraisal staff will be busy checking all of those
ag applications. When it comes to this program, I believe the compromise was
made to push it to a future year to give us more time to make sure we can do the
rules and get our application together rather than rush into it for this upcoming
period.
Page 29
Hawaii County Council-47 September 4,2024
When it comes to how this is going to affect County with housing, I mean I think
that's a good question for the Housing office because I'm not a Housing
specialist. I did not attend the recent IAAO (International Association of
Assessing Officers) conference, but I know Keita Jo did attend, which was just
last week. Long-term rental housing is a huge discussion that is talked about up
there in relevance to short-term rentals and the vacant housing that a lot of
different counties around the country are trying to address.
So, I'd like to see if he has additional thoughts to it. Normally, our stance is we
do what County Council approves and has us do. Yes, there are some things we
don't love or enjoy. I agree our word needs to get out better to the public. There
is a lot of confusion, not just around the agriculture but around all of our
programs, especially in respect to the short-term rental activity. When there's a
homeowner in the property, there's confusion there on what they can and cannot
do because part of the Code deals with another department and it differs from
ours. So, I don't think we're going to fix everything, but I'd like to get Keita's
take on it. We've had appeal hearings the last two days, and so, we haven't been
able to really talk about what came out of IAAO other than to note this was a big
topic.
MR. JO: Keita Jo, Assistant Administrator for the Real Property Tax Division.
So, it's a big issue for a lot of municipalities as it is for us, and different taxing
authorities are tackling it somewhat similarly in coalescing around. You'll see on
Oahu there's legislation on an empty homes tax,which requires self-certification
of a long-term rental. You have Kauai, I believe, with a long-term rental
program where applications are received on an annual basis and vetted on an
annual basis.
You also have discussion on short-term vacation rentals, which Hawaii appears
to be on the forefront as far as managing that through tax policy, and it's really
about putting the different types of properties into different buckets so that the
policymakers, Council, can pull the levers that feels necessary to encourage long-
term rentals or discourage other behaviors through taxation.
The other item. it's again, long-term rentals, housing is an issue across the board.
So, it's about incentivizing and providing tax benefits through property tax to
encourage long-term rentals. In some municipalities, the long-term rentals and
homeowners tax class are one and the same so, there's no differentiation. If
you're renting out a home, it's not your primary residence, you're going to be
taxed just the same as if it was a home because it provides a long-term housing
option for somebody. It's somebody's home and it's not a short-term vacation
rental.
So, those are the main themes that we see nationally with regard to long-term
rental policy, short-term rental policy, empty homes tax, all kind of within that
same bucket in terms of housing.
Page 30
Hawaii County Council-47 September 4,2024
MS. VILLEGAS: So, it's clear as mud and there are municipalities out there
doing it all different ways. There's no set standard or proven methodology at this
point that we could look to for guidance. Is that what I'm hearing?
MR. JO: Yeah, I mean there are several different ways to tackle the issue.
MS. VILLEGAS: Okay. Still leaves me a little bit stuck then. I do appreciate
then that this wouldn't start until 2026 but I—not my forte or my main area of
expertise. So yeah, I'll just kind of sit with this, but thank you for your answers,
your honesty and I definitely look to both of you as subject matter experts as well
as appreciate your flexibility and your graciousness to endure the things that are
placed on you by the decisions we make here. Thank you for also sharing your
honest and humble advice and you're allowed to say, "White flag, capacity
reached." So, appreciate you. I yield.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder then Council Member
Lee Loy.
MR. KANEALI`I-KLEINFELDER: Thank you. To the Real Property Division,
I'm interested in Mr. Inaba's comments. He's very thoughtful about his
approach. With all of that said, are affordable rental class that exists now, is there
a requirement in that class that those be long-term agreements?
MS. MIURA: Correct. So, they do need to have updated current contracts. They
have to apply annually, and they need to be legally permitted. And not everybody
that is renting at a low monthly rate that could potentially qualify for the
affordable rental is able to prove, especially if their homes were built in the 1930s
and 40s, that they are permitted. So, that has definitely been a problem for some
of our older plantation areas where there are older homes.
MR. KANEALI`I-KLEINFELDER: Is that really the driving difference between
affordable rental class and this new proposed long-term rental class?
MS. MIURA: No. The big difference is that the affordable rental has a cap on
how much they can charge monthly that's tied to what HUD provides to Housing
and what Housing turns around and provides to us.
MR. KANEALI`I-KLEINFELDER: Okay, that's helpful, thank you.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Thanks. Thanks Keita. I also attended that IAAO conference
and as Keita mentioned, there are different ways to incentivize housing, and
definitely, real property tax is one of those levers. I continue to be supportive of
this bill because the approach that Mr. Inaba talked about, I started to tackle when
I first came. These HUD guidelines and standards are county-specific, but my
Page 31
Hawaii County Council-47 September 4,2024
challenge continues to be the rent on the west side is higher than the east side. So,
that ability to—and I absolutely agree, he nailed it on the head. We need to bump
that up from 75 up to 120 percent of AMI. The data that they're using through
HUD standards is skewed because of the rents, and the rents are skewed because
of housing availability, and housing availability is the critical nut to crack. So,
unless we're creating more housing stock, these datasets will continue to be
slanted which is why I can support this bill.
To the point that Lisa mentioned about it's a soft half a step because we're not in
2025, we're going to go to 2026, which I still think leaves the door open for
Mr. Inaba to work on that legislation and come up with perhaps a new incentive
or a new pathway for long-term housing at a sensible rate. Because like one of
our testifiers said, I don't think insurance is going to make it any better any time
soon no matter what lever we pull, whether it's in the real property tax category or
it's at the new HUD rates at 120 or maybe 140 percent AMI.
So, I find myself with a timeline on the work that I can do here. So, for me, I can
support this and leave it up to future Councils to begin to sunset other things,
move in other things. But for right now, getting long-term rentals out of the
residential category, and I know there's other work that's going on, is a nice place
to land until other future work can come along. That's where I stand, and I look
forward to supporting this. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Yeah, I appreciate what Mr. Inaba's saying.
Based on what I'm hearing from the department and what Council Member
Lee Loy has said and about the dates specifically and allowing time, which is
always very important, for the time to be allotted for the department for the public
to understand. I think part of this is in Puna, we have a tremendous, and I'd say
island wide, but I'm going to focus on Puna, we have a tremendous amount of
homes that may or may not be permitted. Those are rentals. The ability for
someone to use those as a long-term rental and to come underneath this class, if
I'm understanding everyone correctly, opens up a huge amount of housing, maybe
more than we know, but also, decreases the cost of renting and the property taxes
will decrease, potentially, for renters. And that to me is big because the property
taxes right now are just crazy, and everybody knows that. That's our assessment
and it's based on the value and the way we do our system here in the county.
So, I like this bill for what it's offering in that sense to the folks who need the
housing. I'll be supporting the bill as I have in the past. I do see both sides, but I
think this is important to offer. I did at one point say maybe this should fall under
an existing category, maybe that's still an option. I mean it's not off the table, but
I like where this is going. I'll be supporting, thank you.
Page 32
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Thank you, Council Member. Council Member Galimba.
MS. GALIMBA: Thank you. Yeah, I think it's this is just one little piece of
trying to address this situation that we're in of not having enough long-term rental
housing. There are all the other pieces including the short-term rental bills.
Honestly, I think we didn't have to have this class before short-term vacation
rentals. So, this is very late and it's going to be later because it's just going to be
a soft opening. I know one of the things that Council Member Kagiwada, in the
beginning, she really wanted this to come in sooner because we are in a crisis, but
we also understand the realities of having to put in a new program. So, we've
been trying to thread the needle and listen to everyone and it's not going to save
the world, but it could make a little dent in, hopefully, in allowing for more long-
term rentals.
When you go on to Zillow, hopefully, maybe you'll see a few more because right
now, there really aren't a lot, especially on the Kona side. So, I hope that my
fellow Council Members can support this effort to get long-term rentals out for
people in a way that really is sort of allows for as many people, as property
owners as possible to really think about doing long-term rentals. Thanks.
CHR. KIMBALL: Thank you. Council Member Kagiwada, let's wrap this up.
MS. KAGIWADA: Yeah. It's very simple and we've simplified this bill.
Basically, if you think that housing for our residents should be taxed at a different
rate than housing for our visitor accommodations and for our investors who park
their money here, then that's what we're doing here. We're allowing that break.
So, if you think that those things should continue to be taxed at the same rate, then
we should say no to this bill, but if we think that housing for our residents should
be taxed at a different rate than for visitor accommodations and parking your
money here as an investor, then I think we shouldI'm looking forward to your
support for this bill. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. I think with that, I
just want to make a couple of quick points. I also had the opportunity to go to the
tax assessor's association those are the cool nerds over there, let me just say.
But anyway, no, it was fascinating and as Council Member Galimba said, I
actually do think we can save the world through good property tax policy. No
seriously, it is one of the biggest levers that we have, and I will reiterate what
Deputy Administrator Jo said, which is interestingly enough, when we went to the
presentation on real property taxes with respect to short-term vacation rentals, it
was Hawaii that was brought forward as the example. And yes, we are on the
leading edge of this.
A couple of points that I'll make. We have almost 50 percent of our housing
inventory owned by off-sight owners, and if we want to incentivize housing for
local residents, we do have to pull that class out of the same class that contains the
Page 33
Hawaii County Council-47 September 4,2024
timeshares, the short-term vacation rentals, and the vacant properties. Those are
all in the same category right now.
I like the change with this bill from actually suggesting a rate versus let's just pull
it out because then we can start to get the number; like the biggest thing that I had
concern with the previous iterations is like we have no idea how many this is. If
we made a change to the rate, it could have been a huge sock to our budget.
Doing it this way,just pulling it out creating that class, I think is going to be
really helpful in terms of making the decision about what that rate should be. We
can bring down the long-term rentals for local residents and then consequently,
bump up that rate for transient accommodation rentals, timeshares, and all of that,
which we would be hesitant to do right now because that would hurt long-term
rentals because they're all in the same class.
So, I understand the concern that there is the potential that if we create this long-
term class people in the affordable class might bump up there. Let me say that we
have a very small number and maybe Council Member Kagiwada could—I'll say
in the hundreds even, that we have in the affordable—it's a manini (small)
number where we have tens of thousands in the residential class, okay? What this
tells me is that the affordable rate is not being used effectively as an incentive to
get people to provide affordable housing.
The report from 2018 I think it was, about the housing and the housing needs,
really strongly indicated and maybe we can have Administrator Kunz speak to
this next time. Most of the housing that's going to be in affordable housing class
is going to come through subsidized units and not necessarily through the tax
benefit. So, when we look at the different types of inventory, we need this middle
market inventory that's going to be provided by the private sector because we
have so much of the very low income affordable being private; being provided by
the public sector and not needing that tax break, right? So, applaud you for the
work on this. I think it is absolutely important that we pull this out so that we can
make some of these other decisions later on and I am glad to support this piece of
legislation. With that, I will ask Mr. Clerk for a roll call vote,please.
Vote on Bill 104: The motion to pass Bill 104, Draft 6, as amended to
Draft 7 Draft 7, on first reading and adopt Finance Committee
(Approved) Report No. 170 was carried by the following roll call vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball–8.
Noes: Council Member Inaba– 1.
Absent: None.
Excused: None.
Page 34
Hawaii County Council-47 September 4,2024
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 123 The following individual registered to speak and came forward when called by
(DRAFT 5) the Chair:
(COMM. 677.32):
Jason Masters: In opposition.
(representing Ka`u Community
Development Plan Action Committee)
Bill 123: AMENDS CHAPTER 19, ARTICLE 1 AND ARTICLE 13, CHAPTER 23,
(Draft 5) ARTICLE 9, AND CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 5, AND
ARTICLE 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO OHANA DWELLING UNITS
Removes each instance of the term "ohana dwelling" from the County Code and
inserts the term "accessory dwelling unit", and adds provisions for the
establishment of an accessory dwelling unit.
Reference: Comm. 677.32
Intr. by: Ms. Kimball and Ms. Kierkiewicz
Approve: PCPLUD-12
Postponed: August 21, 2024
(Note: There is a motion by Ms. Kimball, seconded by Ms. Galimba, to pass
Bill 123, Draft 4, as amended, on first reading.)
; and
Comm. 677.33: From Council Member Holeka Goro Inaba, dated August 22, 2024, transmitting
proposed amendments to Bill 123, Draft 5.
; and
Comm. 677.38: From Council Member Holeka Goro Inaba, dated August 27, 2024, transmitting
proposed amendments to Bill 123, Draft 5.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Kaneali`i-Kleinfelder.
ACTING CHR KANEALII-KLEINFELDER: Thank you, Chair. Please let the
record reflect that I have assumed the chair at 1:23 p.m. Thank you. Mr. Inaba.
Motion to Amend: Mr. Inaba moved to amend Bill 123, Draft 5, with the
contents of Comm. 677.38. Seconded by Ms. Kimball.
ACTING CHR KANEALII-KLEINFELDER: Mr. Inaba.
Page 35
Hawaii County Council-47 September 4,2024
MR. INABA: Thank you. This is, again, I know there was discussion that had
gone on while some of us or perhaps just myself was not present at the meeting. I
believe the bill, as it currently reads, allows for up to three ADUs (Accessory
Dwelling Unit)per building site or per property, and what is being proposed in
this communication is limiting it to two. This goes back to the language that was
proposed by Senate Bill 3202, which is the enabling legislation which required us
to introduce this ordinance. Again, I'm in support of these ADUs and the
potential it has to increase the number of housing units we have on island. I think
what we should do in this case though is just go up to the limit that the state had
or the minimum that the state had recommended and go from there. If there is
opportunity to increase that number later, we can take that up. So, again, this
amendment puts the bill in line with the minimum required by Senate Bill 3202,
ask for your support.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member.
Council Member Kimball.
MS. KIMBALL: Yeah, thank you. Thank you for the opportunity to speak again
on this particular matter. It's important to kind of know a little bit about the
legislative history of the state bill which was initially, it would have allowed for a
subdivision and then two per unit. So, in effect, four total, which is what(Bill)
123 says now. During the course of the deliberations through the legislature it
became clear that City and County of Honolulu would not support the subdivision
and to, by right—or four total.
So, that's where we got to where we were, but in the initial housing conversations
that we had with Senator Schatz and his team, really maximizing the number of
units that could be developed in the urban core, close to facilities, close to
wastewater, close to mass transit, was the priority. So, I continue to support the
ability to do three additional units, a total of four dwellings, keeping in mind that
there will be constraints based on the fact that there are set back requirements.
We've talked about those a little bit yesterday with TARS, their requirements for
square footage to be allowed for individual wastewater systems if it is requiring a
septic tank as opposed to being able to connect to wastewater. So, there are other
constraints that will keep the numbers in check, but density is the objective here
and being able to maximize that in the urban core areas I think is best met by
keeping the number where it stands right now. Thank you. I yield, Chair.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you.
MS. EVANS: Chair?
ACTING CHR KANEALI`I-KLEINFELDER: Council Member Evans.
MS. EVANS: Thank you. Very supportive of this amendment. Yeah, at some
point, I just wanted to weigh in that the previous speaker spoke about kind of the
Page 36
Hawaii County Council-47 September 4,2024
legislative history of what happened with Brian Schatz in that conversation with
the county. I just wanted to add to that, on May 20, 2024 and the meeting minutes
of HSAC (Hawai`i State Association of Counties), the City and County of
Honolulu commented all counties need to come up with legislation to allow for
two ADUs by the end of next year.
Since 2012, Honolulu has had legislation for ADUs allowing for one ADU, now
will mandate to two. Council Member Kia`aina said, "No rush to enact, hope the
law is repealed. Efforts to update the land use ordinance, whether they have two
ADUS or/and an `ohana unit." This issue is very complex. If the Council decides
to move forward having an ADU with or without this Senate Bill 3202, which
might get repealed, it is a question about land use and density. I agree with the
previous speaker on that. But I don't think we need to rush to three. I think we
can start out with two, see what kind of impact that has.
Also, the nuances of the impact to parking and traffic and the density of
neighborhoods. You know, it will change the makeup of it. I believe in density
but is it too much too fast? We're not urban Honolulu, we have our small
communities around the island, and I worry about changing the kind of that nice
low key, hang loose type of feeling that we have on our island, and I would really
like us to go with two instead of three at this time. Thank you, I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member
Evans. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Acting Chair. Yeah, I am not going to support
this amendment. I think it's been said but we can't be underlying enough. This is
related to the urban core areas on our island. Speaking as somebody that is a
representative from one of the main urban cores on our island, in the urban core,
we're never going to be Honolulu. We do not want to be Honolulu. This is a way
to allow for a little bit more density. It's not talking about high rises here but this
is the way that, I can speak for my district, Hilo, could do more density in the
urban core without moving towards a Honolulu model. And I believe this is the
way we want to do it.
Three, I think you still have to meet all those other things. You have to meet all
those other infrastructure needs and space needs and everything else. For our
urban core, I really think we should be looking at more density. It keeps our
country, country; it keeps our neighborhoods, our neighborhoods, and allows for
more density in our urban core. So, I'm going to not be supporting this
amendment, understanding where some folks are coming from on that, but I just
want to emphasize that urban core piece of this legislation. Thank you, I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member
Kierkiewicz.
Page 37
Hawaii County Council-47 September 4,2024
MS. KIERKIEWICZ: Thank you, Acting Chair. Really appreciate the
opportunity to have this conversation. I'm going to continue to support the
version of the bill that is before us to consider. Act 39 requires that the counties
provide, by right, the opportunity to at least have two ADUs on one's property.
By increasing that to three, we are maximizing housing opportunities where
infrastructure exists and last week, we were meeting as an ad hoc to review
Chapter 11. We had the opportunity to hear from someone from Senator Schatz's
office, and Rep Luke Evslin, Housing Chair, and he was actually very supportive
of the idea that not only are we in alignment with Act 39, but we are going
beyond that. I think there are going to be missed opportunities if we limited it to
two, so we'll continue to support the bill as written. Thank you, I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Okay. I like the
amendment. I like the amendment because I don't like going too far too fast.
Moving to do as many as allowable versus as many, sorry, as few as what
Mr. Inaba's proposing in the amendment is to me, a careful step in the right
direction versus let's go for it and see what happens.
I am wondering how this is going to hit our different departments as this lays out
and therefore, that really is the basis of my support for the amendment that
Mr. Inaba has brought in today. Sorry, Ms. Galimba, go ahead.
MS. GALIMBA: Thank you. I will support the bill as written and not the
amendment. I do think we just need the housing and giving people the freedom to
build on their lots, as appropriate as allowed by all the other parameters and not
on state ag designation. So, yeah, state land use ag areas. So, this is going to be
just on urban and rural areas. Yeah, so, we have to give folks the tools to help
with our housing situation which we can all see the ill effects of every day. So, it
is really important that we do all that we can in a measured way, but this a
national crisis that we are seeing and we are seeing national incentives to increase
density. So, this will also get us on the curve for that effort. I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member
Villegas.
MS. VILLEGAS: Yeah. I apologize, I missed some of the beginning of the
conversaition, I had to go the restroom. But catching up quickly, I will be
supporting this amendment because I think that adding one is plenty and
sometimes going further I think we can test the waters. I also have testimony in
front of me from the Sierra Club that is three-and-a-half pages long with a number
of questions and points out a lot of conflicts actually in existence between
Bill 123 and Act 39. I also, District 7, has a lot of urban and we're in the middle
of a General Plan review and transitions with new designations and it's creating
some confusion and a lot of concern.
Page 38
Hawaii County Council-47 September 4,2024
I would also temper to say that while we are there is a shortage of affordable
housing for long-term rentals and people in our working class. We have plenty of
homes. They're just not affordable for our working class. As a nation, there are
plenty of homes that have been built. I would state that a disproportionate
allocation of resources, greed, capitalism, corporate buy ups of large swaths of
homes. I mean there are a number of reasons that have contributed to this.
So, I just have a hard time moving this fast in one direction. I think the doubling
of the opportunity is plenty versus the potential tripling, and I just take heed when
certain organizations that tend to have value systems in alignment with my own
bring forth such lengthy testimony in opposition of Bill 123, Draft 5. I hope that
my colleagues have read through it and take into consideration a number of the
things listed here. I mean there are yeah, I just would encourage you to do that.
So, in my humble opinion, I will be supporting this amendment. It doesn't look
like it will pass, but I think there is wisdom with just adding one ADU instead of
going past that at this time. I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Any further
discussion? Okay, hearing and seeing none, the motion is on the floor to amend
Bill 123, Draft 5, with the contents of Communication 677.38. Mr. Clerk, roll
call, please.
Vote on Motion to The motion to amend Bill 123, Draft 5, with the contents of
Amend: Comm. 677.38 failed by the following roll call vote:
Failed
Ayes: Council Members Evans, Inaba, Villegas,
and Acting Chair Kaneali`i-Kleinfelder—4.
Noes: Council Members Galimba, Kagiwada,
Kierkiewicz, Kimball, and Lee Loy —5.
Absent: None.
Excused: None.
ACTING CHR KANEALI`I-KLEINFELDER: Okay, back to the main motion.
Council Members, discussion? Council Member Kimball.
MS. KIMBALL: Yeah,just I think we've had a pretty lengthy discussion about
this legislation. I'd like to continue to move it onto the next level. I think we've
made a lot of progress. I do want to just acknowledge the work of everybody on
this dais going from the initial proposal to getting to where we are now, which is
now going to be Draft 6. So, I think we've really collaborated well on getting this
going.
I do want to acknowledge Council Member Villegas, that I have read the
testimony from the Sierra Club for Hawaii Island, a group that I used to actually
chair, one of my chairpersonships. Well, I appreciate their concern. There is
some, I don't want to call it misinformation but there are some incorrect
Page 39
Hawaii County Council-47 September 4,2024
understandings about the state and what the state legislation says that are present
in that testimony. I don't want to go into it now, but I have read that, and I just
wanted to assure you that I have taken that into account. With that, I will yield
and ask for my colleagues' support, continuing to move this forward.
MS. EVANS: Chair?
ACTING CHR KANEALI`I-KLEINFELDER: Council Member Evans.
Point of Order MS. EVANS: Thank you. I wanted to ask the—kind of a point of order, I guess.
I wanted to ask the Clerk and Corporation Counsel about the title of the bill and if
the title of the bill meets the requirement for the content of the bill.
MR. HENRICKS: What is your concern, Council Member Evans?
MS. EVANS: The title says it's relating to `ohana dwelling units but because of
the way the bill has been drafted it is completely changed to accessory dwelling
unit. Even if you delete the term `ohana dwelling unit to replace it with accessory
dwelling unit, my experience at the State Capitol is that the attorneys, when they
review titles, said it had to be clear to any public person who was reading the title
to understand what the content of the bill was. If you were reading this title,
relating to `ohana dwelling units, you would not ever figure out that it was
addressing accessory dwelling units. So, I'm just thinking it might be a flawed
title. So, it would be Corporation Counsel I guess that would have to review that.
ACTING CHR KANEALI`I-KLEINFELDER: Corporation Counsel is heading
to the dais right now. Thank you, Council Member Evans.
MS. EVANS: I've seen bills killed because of titles. Actually, vetoed not killed.
Governor is vetoing them because of titles.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Good afternoon, Elizabeth Strance, Corporation Counsel. I
would normally consult on a title issue with the Council Clerk. The bill itself
purports to deal with `ohana dwelling units, and part of that was to change a title
and then to address density. So, without doing a little more looking,just off hand,
I wouldn't think that the title of the bill is flawed,but I would defer at some level
to the Clerk because they go through a whole legislative review process before
placing matters on an agenda. So, I would be interested in his input and if
necessary, we could collaborate.
MS. EVANS: Because again, I was told that when someone reads the title, a
public person would have to understand what is in the content of the bill based on
Page 40
Hawaii County Council-47 September 4,2024
what the title says. In this instance, they wouldn't. That is why I'm bringing it
up.
MS. STRANCE: If the Council wants more feedback, I would request a break so
that I could consult with the Clerk.
MR. HENRICKS: The title is sufficient.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Clerk. Council
Member Evans has the Clerk fulfilled your request to your liking?
MS. EVANS: That's fine, but I would like to see what that's based on. I mean
you as the Chair can take that ruling which if fine,but I would like the Clerk to
tell us what he's basing that on.
MR. HENRICKS: The title describes the chapters, the articles that are under
review and provides a basic description of the subject matter. A title cannot be
relied upon to describe the contents of a bill particularly most bills being multi-
faceted, or some would even say sometimes, complex. A title if merely a
descriptor, it does not tell the story.
MS. KIMBALL: Acting Chair Kaneali`i-Kleinfelder, I suggest we get back onto
the subject matter. I feel the point of order has been answered.
ACTING CHR KANEALI`I-KLEINFELDER: Council Member Evans, how
would you like to proceed?
MS. EVANS: You know, it's an interesting thought how to proceed when you
review title and what is theso, I guess I'd ask the Clerk, is this Robert's Rules
of Order. What is the
MR. HENRICKS: No, it's not and it's not actually a point of order. You're not
pointing out a violation of procedural rules, you're concerned about whether or
not the title is sufficient and would satisfy legal muster. It's a fair question but
it's not a point of order.
MS. EVANS: Okay, so with legal muster on that,personally, I think it should be
reviewed, only because it says relating to `ohana dwelling units and I've just seen
how our Attorney General at the state level really drills down on the specifics of
title. It becomes a really big deal, and I just have really felt we, for whatever
reason, are not calling it relating to accessory dwelling units. I mean we're not.
The title doesn't talk about that. I just would like to think the public, when
they're reading the bills and looking at title, that they feel confident about why
`ohana might capture their attention, but accessory dwelling unit is different. I
don't know. I feelI guess my motion would be to postpone until we either
settle on this or keep it here at first reading and not advance it until we have
Page 41
Hawaii County Council-47 September 4,2024
further discussion and maybe have Corporation Counsel do a little more research
and rule on it. That's what I would prefer to do.
ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you Council
Member Evans. Coming back to Hilo. Council Member Kimball.
MS. KIMBALL: I'd like to call for the question. I think that Council Member
Evans' recourse is she has concerns about the title of bills to vote against it in the
first hearing. Thank you.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member
MS. VILLEGAS: Yeah, I still have a question.
ACTING CHR KANEALI`I-KLEINFELDER: Discussion is still ongoing.
Council Member Villegas, go ahead.
MS. VILLEGAS: Yeah. I received a number of emails between the last meeting
and this one from some people claiming or making statments that ADUs cannot
be used as short-term vacation rentals. I want a confirmation that has been
removed from this legislation. Is that a question I could ask to the maker?
ACTING CHR KANEALI`I-KLEINFELDER: I actually would ask for the
Planning Department to be here for that. I think that would be the best agency to
answer. You could ask the maker, I'm open to that as well. Council Member
Kimball, if you'd like to respond since I do not see the Planning Department?
MS. KIMBALL: The authority is given to the Council to limit the construction of
new ADUs, the use of new ADUs for transient accommodation rentals. One
would argue that if there is an ADU in existence that is being used as a transient
accommodation rental, that is an invested right that could not be taken. It would
be taken if we were to prohibit that use.
MS. VILLEGAS: But this legislation allows for the building of new ADUs and
the potential use of a new ADU for a short-term vacation rental and that just
doesn't sit right with me. I think that is counterintuitive to the purpose of—my
understanding and this goes back to—and I appreciate Council Member Evans
pointing out ideally, this would say accessory dwelling unit instead of`ohana
dwelling unit, especially after all the conversation we've had about the difference
in terminology and the need to change it to be in alignment. I don't know that any
of that can change at this point, but I will acknowledge Council Member Evans.
I see that being a much clearer, especially since the first thing done here in
Section I is crossing out `ohana dwelling unit. So, in a perfect world that's what
it would say. I'm not sure where we could go with any of that conversation, but
my big problem with this here is that we're making all these adjustments and
Page 42
Hawaii County Council-47 September 4,2024
changing terminology and the purpose of the ADU opportunity, in my
understanding, is to provide more long-term housing and potentially for multi-
family housing. And that's how I see that coming into the strategy and at the risk
of adding density to already overburdened areas where we don't have the
infrastructure to support what's already there, I don't want to be adding to that for
short-term vacation rentals. We've been trying to phase those out and limit them
not build more. Yeah, so to me, that's counterintuitive. So, I would ask for that
to be removed. Even though the state gave us the opportunity, I think that's what
we've been trying to work on. So, I yield.
ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Okay, seeing no
further discussion, Council Member Evans, checking in one more time.
MS. EVANS: Thanks for checking in. No, I`m fine, thank you.
ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you. Okay with
that, the motion is on the floor to approve Bill 123, Draft 5 at first reading.
Mr. Clerk, roll call,please.
Vote on Bill 123: The motion to pass Bill 123, Draft 5, on first reading and
Draft 5 adopt Policy Committee on Planning, Land Use, and
(Approved) Development Committee Report No. 12 was carried by the
following roll call vote:
Ayes: Council Members Galimba, Kagiwada,
Kierkiewicz, Kimball, Lee Loy,
and Acting Chair Kaneali`i-Kleinfelder—6.
Noes: Council Members Evans and Villegas —2.
Absent: Council Member Inaba— 1.
Excused: None.
MS. STRANCE: Chair?
ACTING CHR KANEALI`I-KLEINFELDER: Ms. Strance.
MS. STRANCE: I'd like to make a request if I might around some issues that
arose during consideration of bills.
ACTING CHR KANEALI`I-KLEINFELDER: Yes, please.
MS. STRANCE: I do my best at these meetings when called up on the spot to
answer legal questions. I really do. But I would request that if Council Members
have legal concerns about a bill, that they try to communicate with me in writing
before a meeting so that I can do my best to be prepared and give you the best
advice that I can. Just a request.
Page 43
Hawaii County Council-47 September 4,2024
ACTING CHR KANEALII-KLEINFELDER: Thank you, I appreciate that.
That's helpful. Council Member Evans, did you catch that?
MS. EVANS: Yes.
ACTING CHR KANEALII-KLEINFELDER: Okay, thank you.
Relinquish Chair: At this time, Acting Chair Kaneali`i-Kleinfelder relinquished the chair to
Chair Kimball.
CHR. KIMBALL: Vice Chair Inaba asked that we hold (Bill) 127 until he
returns. He had to step out a little bit. So, I'm going to have us jump down to
Bill 192,please.
Bill 192: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Increases revenues in the Federal Grants —Volunteer Fire Assist account($17,800);
and appropriates the same to the Volunteer Fire Assistance—Federal account, for a
total appropriation of$317,800. Funds would be used for public safety supplies for
Volunteer Fire Operations.
Reference: Comm. 981
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-191
Vote on Bill 192: Mr. Kaneali`i-Kleinfelder moved to pass Bill 192 on first
(Approved) reading and adopt Finance Committee Report No. 191.
Seconded by Ms. Lee Loy and carried by the 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.
Page 44
Hawaii County Council-47 September 4,2024
Bill 193: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280,
SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO NO PARKING AT ANY TIME
Prohibits parking at any time alongside Kaiminani Drive in North Kona at the
following locations: (1) on the south side of Waikane Place from a point 51 feet
southeast of Waikane Place extending 399 feet northwest; and (2) on the northside
of Waikane Place from a point 75 feet southeast of Anapau Place extending 69 feet
northwest of Waikane Place.
Reference: Comm. 984
Intr. by: Ms. Lee Loy (B/R)
Approve: PCIA-12
Motion to Approve: Ms. Lee Loy moved to pass Bill 193 on first reading and
adopt Policy Committee on Infrastructure and Assets
Committee Report No. 12. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Thank you. Asking for my colleagues' support. I know this is in
Council Member Inaba's district, but he had an opportunity to share his thoughts
which is contained in the committee report. He supports this bill and has
acknowledged that signage has been put in. I yield.
CHR. KIMBALL: Alright, thank you. Any further discussion on this matter
from the body? Alright, seeing none, all those in favor please say "aye."
Vote on Bill 193: The motion to pass Bill 193 on first reading and adopt
(Approved) Policy Committee on Infrastructure and Assets Committee
Report No. 12 was carried by the 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.
Page 45
Hawaii County Council-47 September 4,2024
Bill 185: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288.1,
SCHEDULE 36.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING ZONES
Adds a portion of Akoni Pule Highway approximate to Holy Bakery Road, to
designate an area for distribution of consumer goods to patrons and neighboring
businesses.
Reference: Comm. 945
Intr. by: Ms. Lee Loy (B/R)
First Reading: August 21, 2024
Motion to Approve: Ms. Lee Loy moved to pass Bill 185 on second and final
reading. Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: Ask for my colleagues' support, however, I know this is in
Ms. Evans' district. I'm just reading the committee report. She supported this
during our committee meeting. She's (Ms. Evans)walking back into the room; I
will defer to her.
MS. EVANS: Thank you, I came back. I heard you talk about my district.
CHR. KIMBALL: Yeah, we're on Bill 185 for second and final reading, looking
at the Traffic Code amendment. Do you have any comments before we proceed
with the final vote?
MS. EVANS: Yeah, I always appreciate our Traffic Safety Division working
with the public. We have a lot of—one of the things I want to note I guess on
record that the traffic in North and South Kohala is going through exponentialI
mean it's just amazing how it's growing fast and fast, and one of the side effects
of having that kind of traffic is people now are speeding. We're having a lot more
issues with speeding. So yeah, I think more of these types of bills will probably
come in front of us. So, I want to thank you, Member Lee Loy; ask for your
support.
CHR. KIMBALL: Thank you, Council Member Evans. Alright, with that, any
further comments? Seeing none, all those in favor please say "aye."
Page 46
Hawaii County Council-47 September 4,2024
Vote on Bill 185: The motion to pass Bill 185 on second and final reading
(Adopted) was carried by the 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.
Bill 186: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280,
SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO NO PARKING AT ANYTIME
Prohibits parking alongside two portions of Kalapana-Kapoho Beach Road from
(1) a point 320 feet southwest of Pohoiki Road and extending 165 feet in the
southwesterly direction; and (2) 693 feet southwest of Pohoiki Road and extending
241 feet in the southwesterly direction.
Reference: Comm. 962
Intr. by: Ms. Kierkiewicz
First Reading: August 21, 2024
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 186 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. KIMBALL: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you,just looking for everyone's continued support.
I want to take an opportunity to thank Riz (Rizalino Mangaoang) over at Public
Works and my Legislative Aide Hiapo, for working so diligently with our
constituent, Aunty Lena Carver at Pohoiki, to resolve the issues that she was
experiencing with folks working all over the place. So, thank you, Chair, I yield.
CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Alright, any
further discussion? Seeing none, all those in favor please say "aye."
Vote on Bill 186: The motion to pass Bill 186 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—7.
Noes: None.
Absent: Council Members Evans and Inaba—2.
Excused: None.
Page 47
Hawaii County Council-47 September 4,2024
Bill 187: 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 —Workforce Innovation &
Opportunity Act(WIOA) account($2,100,000); and appropriates the same to the
following 2024-2025 WIOA accounts: Administration/Planning ($200,000); Adult
Program ($800,000); Dislocated Worker Program ($350,000); and Youth Program
($750,000). Funds would be used by the Department of Research and Development
to assist adults, dislocated workers, and youths by providing services that will train
individuals to increase employment, retention, earnings, skills, and literacy.
Reference: Comm. 963
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: August 21, 2024
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 187 on
second and final reading. Seconded by Ms. Galimba.
CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you. I don't have any more questions
or discussion, but I do appreciate Mr. Mercado coming here for the third time, I
think, for this one. So, appreciate your time, sir, thank you. I yield, Chair.
CHR. KIMBALL: Anyone else on this? Thank you very much for being here yet
again. Your enthusiasm for the program shows by the fact that you come and
want to share.
(Note: At this time, Economic Development Specialist Clinton Mercado,
Research and Development Department, came forward to address the
members of the Council.)
MR. MERCADO: Thank you, Council Members, I really appreciate all your
support.
CHR. KIMBALL: We do appreciate all you're doing and thank you to you as
well, Director Adams. You're always in a different room when you Zoom in. I
don't know if you've invented teleporting over there in R&D or is that one of the
projects you're working on?
(Note: At this time, Research and Development Director Douglass Adams
came forward to address the members of the Council.)
MR. ADAMS: It is one of the projects we're working on.
Page 48
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Alright, with that, all those in favor of adopting Bill 187,
please say "aye."
Vote on Bill 187: The motion to pass Bill 187 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball—7.
Noes: None.
Absent: Council Member Evans and Inaba—2.
Excused: None.
Recess: At 2:04 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 2:16 p.m.
CHR. KIMBALL: Aloha everyone, welcome back. We are going to go ahead and
proceed with our agenda, starting with Bill 127, Draft 3,please.
Bill 127: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE
(Draft 3) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING
TO CONDITIONS ON CHANGE OF ZONE
Requires the Planning Director to include time constraints for the completion or
satisfaction of conditions imposed in change of zoning district ordinances that do
not revert zoning to a previous zoning district designation or an open zoning
designation.
Reference: Comm. 694.11
Intr. by: Mr. Inaba
Approve: PCPLUD-13
(Note: Comm. 694.12, from Council Member Holeka Goro Inaba dated
September 4, 2024, transmitting proposed amendments to Bill 127, Draft 3, was
circulated.)
Motion to Approve: Mr. Inaba moved to pass Bill 127, Draft 3, on first reading
and adopt Policy Committee on Planning, Land Use, and
Development Committee Report No. 13. Seconded by
Ms. Villegas.
Motion to Amend: Mr. Inaba moved to amend Bill 127, Draft 3, with the
contents of Comm. 694.12. Seconded by Ms. Villegas.
CHR. KIMBALL: Vice Chair Inaba.
Page 49
Hawaii County Council-47 September 4,2024
MR. INABA: We introduced the amendment at the last reading and
subsequently, there was just some confusion in the reading as to how the tolling
mechanism works. So, the proposed language here says that"Any request for
tolling shall be verified and approved in writing by the director prior to the
deadline established by the ordinance." And that the director will notify the
Council of any approval of a request for tolling within 30 days. So, no change on
the ability to tow, we just want clear record keeping and if they don't request or
approve the tolling then it would revert as we had previously discussed. So, ask
for your support just to make sure there's no gray area here. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas.
MS. VILLEGAS: I just want to express my gratitude for your clarification of that
and I think that this holds developers and property owners responsible in a
positive way because there's a history of time extensions running out and going
years if not decades without any updates. And it kind of seems that it was just
assumed that they could get another time extension, but this holds that
accountability and focus. It's a responsibility and a privilege to own land in
Hawai`i, especially if it's zoned for potential development. And it behooves the
property owners and the people they work with and hire and pay in order to work
on these projects to keep that front of mind and watch those timeframes and
remain accountable both to the County Administration and the departments that
manage these issues, and to the Council. So, thank you for making that very
clear, in writing, black and white so there's accountability there. I yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else on the
amendment? Seeing none, all those in favor of amending Bill 127 please say
Ic aye.
Vote on Motion to The motion to amend Bill 127, Draft 3, with the contents of
Amend: Comm. 694.12 was carried by the following voice vote:
(Approved)
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 50
Hawaii County Council-47 September 4,2024
Vote on Bill 127: The motion to pass Bill 127, Draft 3, as amended to
Draft 4 Draft 4, on first reading and adopt Policy Committee on
(Approved) Planning, Land Use, and Development Committee Report
No. 13 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.
Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting
Chair Inaba.
Bill 188: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-57, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
NONDEDICATED AGRICULTURAL USE ASSESSMENT PROGRAM
Seeks to change the sunset date of the nondedicated agricultural use assessment
program from January 1, 2028, to January 1, 2029, extends the time for property
owners in the program to reapply for alternative programs from September 1, 2025,
to September 1, 2026, and sets a September 1, 2028, deadline for the director to
review all reapplications.
Reference: Comm. 967
Intr. by: Ms. Kimball and Mr. Kaneali`i-Kleinfelder
Approve: FC-187
(Note: Comm. 967.4, from Council Chair Heather L. Kimball dated August 30,
2024, transmitting a policy focus report relating to Bill 188, was circulated.)
Motion to Approve: Ms. Kimball moved to pass Bill 188 on first reading and
adopt Finance Committee Report No. 187. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. INABA: Council Member Kimball.
MS. KIMBALL: Yeah, thank you. Pretty straight forward,just extending the
timeline for folks to apply for one of the new ag programs by a year; moving all
the subsequent dates related to that forward by a year. I did want to just note in
your pinkie folders, I did share a communication with you folks which is a report
provided by the Lincoln Institute. This was another piece of documentation that
came up in two different sessions that I was in at that tax conference. I'm not
going to go into in now, but one of the two things I wanted to highlight is that the
issue that we're seeing was gentrification of ag lands is a national issue and a
national concern, and the solutions we here in Hawaii County have adopted to
Page 51
Hawaii County Council-47 September 4,2024
address it are pretty much standard across the country. So, those are the two
things that I wanted you guys can take home. There are some other suggestions
and ideas in here to maybe put in your back pocket for another time, but I did
want to make sure that you had this as a one of the resources available to you with
regard to property taxes in ag properties. So, thank you, I ask for everyone's
support.
ACTING CHR. INABA: Thank you. Just wanted to clarify for the record the
deadline or the timeline is moving out to the future not forward sooner to now.
So, Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Yeah, thank you for that clarification,
Mr. Inaba. It was needed to let the community figure out what's going on and
understand how to apply, what existing programs that we've created actually are
now applicable to them or not, and where they need to be headed. We had some
great testimony from folks from our previous administration actually come in and
give us testimony to that nature that we do need this time lapse, and we do need to
have time to figure out how to get this under our belts, and how to make it work.
So, I appreciate the community stepping forward and asking us to do this and
happy to be a part of just a temporary solution. Thank you.
ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all
those in favor of approving Bill 188 at first reading please say "aye."
Vote on Bill 188: The motion to pass Bill 188 on first reading and adopt
(Approved) Finance Committee Report No. 187 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Acting Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 52
Hawaii County Council-47 September 4,2024
Bill 189: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2, ARTICLE 7,
SECTION 19-53, AND ARTICLE 8, SECTION 19-61, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL
PROPERTY TAXES
Amends definitions for"Community food sustainability use" and "Diversified
agriculture", allows for properties under the Community Food Sustainability Use
Assessment and Short-Term Commercial Agricultural Use Dedication programs to
be eligible for the Homeowner tax classification if the property is used as the
owner's primary residence, and removes the limit of three consecutive, three-year
terms for dedication in the Short-Term Commercial Agricultural Use program.
Reference: Comm. 968
Intr. by: Ms. Kimball and Ms. Galimba
Approve: FC-188
Motion to Approve: Ms. Kimball moved to pass Bill 189 on first reading and
adopt Finance Committee Report No. 188. Seconded by
Ms. Galimba.
ACTING CHR. INABA: Go ahead.
MS. KIMBALL: Yeah, thank you. We had a good discussion about this in
committee, but really just building off of the feedback we got from the public in
the rules hearing. These are two items there are here two items in particular that
were brought forth as really key issues, the first being the need to not have the
three-renewal limit on the three-year program. People like that flexibility and
were willing to pay some more for it. Then again, adding pasture for food
production to the community food sustainability, although I will reiterate again
that if you're doing pasture, that is not the program you want to be in, but if you
want to pay us more, we'll take it. Thank you, Chair.
ACTING CHR. INABA: Any further discussion? Council Member Galimba.
MS. GALIMBA: Yeah, I just wanted to sort of take note of the pinkie that
Council Member Kimball provided. Just having read it that we really are on track
with what the recommendations and thoughts were on a national level as based on
that piece of reading.
ACTING CHR. INABA: Thank you. Any further discussion? Council Member
Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Thank you. I like knowing that we have a
rancher that helped put this bill together. No slight to you, Ms. Kimball, but
Ms. Galimba touching on this bill in regard to pasture for food production and
lending her experience in that business is, I think, very important. So, thank you
for leaning in on this, both of you, I appreciate it. I yield.
Page 53
Hawaii County Council-47 September 4,2024
ACTING CHR. INABA: Thank you. With that, all those in favor of approving
Bill 189 at first reading please say "aye."
Vote on Bill 189: The motion to pass Bill 189 on first reading and adopt
(Approved) Finance Committee Report No. 188 was carried by the
following voice vote:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Acting Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball.
CHR. KIMBALL: Thank you very much. I know we've done a lot of chair
passing but it's theI feel strongly that's the appropriate thing to do when you're
chairing. You do not want to be chairing a meeting that you are putting forth
items on. Okay, moving forward, we're going to just knock through these CRFs
(Contingency Relief Fund) starting with(Resolution) 594-24.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 594-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII
VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII
KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 996
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 594-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Thank you. I just want to offer the opportunity to the community
to attend the Wreaths Across America event at 9 a.m. on December 14'h at the
West Hawaii Veterans Cemetery. A wreath is purchased as part of the efforts to
be put on every single grave at the cemetery and also wanted to take the
Page 54
Hawaii County Council-47 September 4,2024
opportunity to share that a new World War II memorial was dedicated this past
Monday. So, lots of great things happening there and to pay your respects on
December 14'h by placing a wreath if you're able. Thank you.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? All those in favor
please say "aye."
Vote on Res. 594-24: The motion to adopt Res. 594-24 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. 595-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR
ITS HAWAII COUNTY SEQUENTIAL INTERCEPT MODEL REPORT
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 997
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 595-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Yes, we had testimony provided by Going Home Hawai`i's
Executive Director, Les Estrella. This resolution will support the model report
and there were some events held in Kona and Hilo to engage community and
support those coming out of incarcerations. So, ask for your support. Mahalo.
CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion?
Council Member Kagiwada.
MS. KAGIWADA: Yeah,just happy to support. I'll be putting forward a similar
CRF resolution to support this effort. I do think it's really important that we have
this information in the public about what we can do to stop or intercede with some
of these issues before people get to incarceration because it will save our
resources and also save those people from being traumatized. So, people with
Page 55
Hawaii County Council-47 September 4,2024
mental health issues don't need to be traumatized in the justice system if that's the
main reason they're there. Thank you, and I look forward to supporting this in
any way I can.
CHR. KIMBALL: Thank you, Council Member. Anyone else? Alright, all those
in favor please say "aye."
Vote on Res. 595-24: The motion to adopt Res. 595-24 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. 596-24: 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 TO ASSIST WITH EXPENSES FOR THE 2025 APPRECIATION
WEEKS
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 998
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 596-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Vice Chair Inaba.
MR. INABA: Yes, happy to continue supporting Friends of First Responders for
their annual work to demonstrate our appreciation for our first responders across
the island. Ask for your support.
CHR. KIMBALL: Anyone else? All those in favor please say "aye."
Page 56
Hawaii County Council-47 September 4,2024
Vote on Res. 596-24: The motion to adopt Res. 596-24 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. 597-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE
CHILDREN'S JUSTICE CENTER OF EAST HAWAII, INC., TO ASSIST WITH
ITS EMERGENCY CLOSET PROGRAM
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 999
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 597-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: When you ask this girl to help fill a closet, I get really excited.
But it really is an honor to help the Children's Justice Center. This really is about
filling a closet for children who have experienced abuse and have really nothing, I
mean just nothing basic. So, ask for my colleagues' support to help fill this
closet. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 597-24: The motion to adopt Res. 597-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 57
Hawaii County Council-47 September 4,2024
Res. 598-24: 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 ISLAND OF HAWAII
YMCA FOR EXPENSES RELATING TO PHASE 3 OF A MURAL PROJECT
FOR ITS NEW HORIZONS YOUTH DEVELOPMENT PROGRAM
Transfers $9,625 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1000
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 598-24. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: Council Member Lee Loy.
MS. LEE LOY: You know, I never imagined the demolition of Uncle Billy's
really turning into a place for art in public spaces. This is phase three. The Y
(YMCA), who provides great intersession programs for our kids, this provides
them the opportunity to do art at the Y, and then establish that on our mural
project at Uncle Billy's for art in public spaces. So, I do appreciate my
colleagues' support on this ongoing effort down at Banyan Drive. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Council
Member Kagiwada.
MS. KAGIWADA: Thank you. I just want to lend my support for this CRF. It's
a great project, and I was happy to see my friend Becky is working with the kids.
I think it's going to, like you said, be something positive coming out of a situation
that's not been so great for our community previously. So, thank you for
spearheading this and supporting it. I yield.
CHR. KIMBALL: Thank you, Council Member. Alright, any further comments?
Seeing none, all those in favor please say "aye."
Vote on Res. 598-24: The motion to adopt Res. 598-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 58
Hawaii County Council-47 September 4,2024
Res. 599-24: 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 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1001
Intr. by: Ms. Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 599-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you. I'm just happy to support this annual event that's
kind of fun for everybody. It happens in downtown Hilo, November 30'h at 6 p.m.
Come out and see the lights in the parade. So, hope you can all make it. Thanks,
looking for your support.
CHR. KIMBALL: Thank you, Council Member. I can't believe we're talking
about Christmas already, boy oh boy. Your decorations are already up? Alright,
any other comments? Seeing none, all those in favor please say "aye."
Vote on Res. 599-24: The motion to adopt Res. 599-24 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. 600-24: 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 ISLAND OF HAWAII
YMCA FOR ITS FAMILY VISITATION CENTER
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1002
Intr. by: Ms. Kagiwada
Page 59
Hawaii County Council-47 September 4,2024
Motion to Approve: Ms. Kagiwada moved to adopt Res. 600-24. Seconded by
Ms. Lee Loy.
CHR. KIMBALL: Council Member Kagiwada.
MS. KAGIWADA: Thank you. Just looking for your support for this really
important program for our community. The Y does the family visitation center
which allows children who have been in a domestic violence situation to visit
with a parent in a supervised and safe way, and still keep those connections but
really maintaining that safety. So, I'm happy to support this and hope you'll
support me. Thank you.
CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else?
Council Member Lee Loy.
MS. LEE LOY: Yeah, thank you. I just wanted to pass on a note from our
former colleague Tim Richards now Senator. This was always a big program for
him, so he did want me to share his support of this resolution. And thank you,
Council Member Kagiwada for continuing to help these families. I yield.
CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 600-24: The motion to adopt Res. 600-24 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. 601-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII
VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII
KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1003
Intr. by: Ms. Villegas
Page 60
Hawaii County Council-47 September 4,2024
Motion to Approve: Ms. Villegas moved to adopt Res. 601-24. Seconded by
Ms. Galimba.
CHR. KIMBALL: Council Member Villegas.
MS. VILLEGAS: Just want to thank the people that work on this great project.
I'm grateful to have the resources to be able to contribute kind of that gap funding
for this and proud to be able to support along with Council Member Inaba. I
yield.
CHR. KIMBALL: Thank you, Council Member Villegas. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 601-24: The motion to adopt Res. 601-24 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. 602-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE 2025 SUMMER FUN PROGRAM AT THE
PAHALA COMMUNITY CENTER
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Summer/Intersession Class/Activities account.
Reference: Comm. 1004
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 602-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you. So, I'm even worse, thinking about summer. So,
this is just to help kids in my district to be able to afford summer fun and ask for
my colleagues' support. Thanks.
CHR. KIMBALL: Thank you, Council Member Galimba. I don't know if I can
think all the way until next summer. Alright, all those in favor please say "aye."
Page 61
Hawaii County Council-47 September 4,2024
Vote on Res. 602-24: The motion to adopt Res. 602-24 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. 603-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE 2025 SUMMER FUN PROGRAM AT THE
NA`ALEHU COMMUNITY CENTER
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Summer/Intersession Class/Activities account.
Reference: Comm. 1005
Intr. by: Ms. Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 603-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Galimba.
MS. GALIMBA: Thank you, and also want to thank the Parks and Recreation
staff at the summer fun program for their support for this program and for making
the kids happy. Thanks.
CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Seeing
none, all those in favor please say "aye."
Vote on Res. 603-24: The motion to adopt Res. 603-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball—9.
Noes: None.
Absent: None.
Excused: None.
Page 62
Hawaii County Council-47 September 4,2024
Res. 608-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH
FOUNDATION, INC., TO ASSIST WITH EXPENSES RELATING TO ITS
KEIKI PROGRAM
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1011
Intr. by: Ms. Kimball
Motion to Approve: Mr. Inaba moved to adopt Res. 608-24. Seconded by
Ms. Kagiwada.
CHR. KIMBALL: Just ask for my colleagues' support. This is a program that I
fund pretty much every year. So, I ask for your support again. Any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 608-24: The motion to adopt Res. 608-24 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. 609-24: 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 NORTH KOHALA
COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO THE
GRANDPARENT'S DAY EVENT
Transfers $2,160 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1012
Intr. by: Ms. Evans
Motion to Approve: Ms. Evans moved to adopt Res. 609-24. Seconded by
Mr. Inaba.
CHR. KIMBALL: Council Member Evans.
Page 63
Hawaii County Council-47 September 4,2024
MS. EVANS: Thank you. The Kohala Resiliency Hub has put together an event
called Grandparents Day, and it will have entertainment, refreshments,
informational booths, to educate our kupuna on services they may need such as
health care, home care, hospice, day care, and SNAP (Supplemental Nutrition
Assistance Program)programs. So, really pleased to support our kupuna and ask
for your support.
CHR. KIMBALL: Thank you, Council Member Evans. Alright, any further
discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 609-24: The motion to adopt Res. 609-24 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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.)
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 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
First Reading: August 7, 2024
Postponed: August 21, 2024
(Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 182
on second and final reading.)
Page 64
Hawaii County Council-47 September 4,2024
CHR. KIMBALL: Thank you, Mr. Clerk. Just for everybody's edification, there
was a flaw in the title of this one and the language of the bill. We were initially
going to amend the bill to align with the title and then do a subsequent bill but
after talking with the Finance Director, we're just going to pull the bill and correct
it and push the new bill straight to Council. I just should make a note that what
the bill does, which is ensure that folks that are using personal vehicles for county
purposes are not being charged the registration fee. That is already kind of
happening so this bill actually really aligns the procedure that is already going on
in Finance. So, really nothing is going to change from the actual implication side,
but we wanted to make sure the bill was all correct. So, that is happening, and I
ask the maker of the motion to withdraw it so we can correct the title and
resubmit.
Withdraw Bill 182: Mr. Inaba announced the withdrawal of Bill 182.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
Comm. 995: KAWAUCHI VS. COUNTY OF HAWAII; CIVIL NOS. 14-1-000336
From Deputy Corporation Counsel Litigation Section Chief Lerisa L. Heroldt dated
August 12, 2024, requesting an attorney-client confidential discussion to consult
with the Council regarding the above-entitled matter filed by Douglas Halsted,
Esquire, on behalf of his client Jamae Kawauchi.
Motion to Close Mr. Inaba moved to close file on Comm. 995. Seconded by
File: Ms. Galimba.
CHR. KIMBALL: With that, hopefully everybody has read their packet, and I
guess we need to see if we want to get into Executive Session. If so, Vice Chair
Inaba's prepared to make that motion. This is probably complex enough we need
to get into Executive Session.
Page 65
Hawaii County Council-47 September 4,2024
Vote on Motion to Mr. Inaba moved to enter into Executive Session in order to
Enter into hold attorney-client privilege discussion regarding
Executive Session: Communication 995, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba
and carried by the following voice vote:
Ayes: Council Members Evans, Galimba, Inaba,
Kagiwada, Kierkiewicz, Villegas,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Lee Loy —2.
Excused: None.
CHR. KIMBALL: So, with that, we will be moving into Executive Session.
Thank you, Mr. Clerk.
Recess: At 2:50 p.m., the Chair called for a recess in order to clear the
room.
Reconvene: The meeting reconvened at 3:08 p.m.
CHR. KIMBALL: Alright, thank you, we are back out of Executive Session. I'm
going to pass the floor to Vice Chair Inaba to briefly summarize the conversation.
MR. INABA: Thank you. Yes, in Executive Session, we were briefed on the
case history and Deputy Corporation Counsel provided us a summary of the
request and I believe we are prepared to make a motion.
Vote on Motion to Mr. Inaba moved to concur with the recommendation of
Concur: Corporation Counsel regarding Comm. 995. Seconded by
(Approved) Ms. Kagiwada and carried by the following voice vote:
Ayes: Council Members Galimba, Inaba, Kagiwada,
Kierkiewicz, Villegas, and Chair Kimball—6.
Noes: None.
Absent: Council Members Evans, Kaneali`i-Kleinfelder,
and Lee Loy —3.
Excused: None.
Page 66
Hawai`i County Council-47 September 4,2024
Vote on Comm. 995: The motion to close file on Comm. 995 was carried by the
(Filed) following voice vote:
Ayes: Council Members Galimba, Inaba, Kagiwada,
Kierkiewicz, Villegas, and Chair Kimball—6.
Noes: None.
Absent: Council Members Evans, Kaneali`i-Kleinfelder,
and Lee Loy-3.
Excused: None.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 3:10 p.m.
MENT:
Council Approval: NOV 0 8 2024
CO W
JH/jm
Page 67