HomeMy WebLinkAboutMIN GOEAC 2025/01/07 (2024-2026) Committee on Governmental Operations
and External Affairs
l't Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
January 7, 2025
CALL TO The regular meeting of the Committee on Governmental Operations and
ORDER: External Affairs was called to order at 9:01 a.m., in the Council Chambers,
Hilo, by Ms. Jenn Kagiwada, Chair.
ROLL CALL:
Present: Ms. Jenn Kagiwada, Chair
Mr. Matt Kaneali`i-Kleinfelder, Vice Chair
Ms. Michelle M. Galimba, Member
Mr. James E. Hustace, Member
Mr. Holeka Goro Inaba, Member
Ms. Ashley L. Kierkiewicz, Member
Mr. Dennis "Fresh" Onishi, Member
Ms. Rebecca Villegas, Member
Absent& Excused: Ms. Heather L. Kimball, Member
STATEMENTS The Chair directed the Committee 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:
Patti Hatzistavrakis: Res. 42-25 (Comm. 61), in support.
(representing Hawaii
Public Health Institute)
Ed Rapoza: Comm. 48, in support.
Randy Vitousek: Comm. 48, in support;
Comm. 50, in support; and
Comm. 53, in support.
Joseph K. Kamelamela: Comm. 49, in support.
Craig Masuda: Comm. 49, in support.
GOEAC-1 January 7,2025
Sidney Fuke: Comm. 46, in support;
Comm. 48, in support;
Comm. 50, in support; and
Comm. 53, in support.
Clifford Victorine: Comm. 45, in support;
Comm. 47, in support;
Comm. 48, in support;
Comm. 49, in support; and
Comm. 50, in support.
Matthew Iaukea: Comm. 45, in support.
CHR. KAGIWADA: Thank you. Mr. Clerk, can we please get started with
Communication 40.
COMMUNI- The Chair directed the Committee to proceed to the next order of business,
CATIONS: Communications.
Comm. 40: HAWAI`I STATE ASSOCIATION OF COUNTIES' OCTOBER 17, 2024,
EXECUTIVE COMMITTEE MEETING MINUTES
From Council Member Heather L. Kimball, dated November 18, 2024.
Motion to Close File: Ms. Kierkiewicz moved to close file on Comm. 40.
Seconded by Mr. Hustace.
CHR KAGIWADA: Any comments on this item. I think it's pretty
straightforward. Okay, thank you. All those in favor in closing file? Any
opposed?
Vote on Comm. 40: The motion to close file on Comm. 40 was carried by the
Filed following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
CHR KAGIWADA: Thank you. Mr. Clerk, Communication 45.
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Comm. 45: APPOINTMENT OF COREY K. STONE AS DIRECTOR OF INFORMATION
TECHNOLOGY
From Mayor C. Kimo Alameda, dated December 9, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
CHR. KAGIWADA: May we have the Administration. Thank you for being here
today, Mayor. Go ahead and give us a very brief—you know, we all have the
background information on Director Stone, and we would love a few comments
from you on why you selected him.
(Note: At this time, the nominees and Mayor Kimo Alameda
came forward to address the members of the Committee.)
Vote on Comm. 45: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Corey K. Stone as Director of Information
Technology. Seconded by Mr. Hustace and carried by the
following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 46: APPOINTMENT OF WESLEY SEGAWA AS DIRECTOR OF
ENVIRONMENTAL MANAGEMENT
From Mayor C. Kimo Alameda, dated December 9, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
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GOEAC-1 January 7,2025
Vote on Comm. 46: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Wesley Segawa as Director of Environmental
Management. Seconded by Mr. Inaba and carried by the
following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 47: APPOINTMENT OF CLAYTON HONMA AS DIRECTOR OF PARKS AND
RECREATION
From Mayor C. Kimo Alameda, dated December 9, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 47: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Clayton Honma as Director of Parks and
Recreation. Seconded by Mr. Kaneali`i-Kleinfelder and carried
by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
STATEMENTS The Chair directed the Committee to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
COMM. 48: The following individuals registered to speak and came forward when called
by the Chair:
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GOEAC-1 January 7,2025
Michelle Ahn: In support.
Christian Kay: In support.
Comm. 48: APPOINTMENT OF JEFFREY W. DARROW AS DIRECTOR OF PLANNING
From Mayor C. Kimo Alameda, dated December 9, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 48: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Jeffrey W. Darrow as Director of Planning
Seconded by Mr. Inaba and carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace,
Inaba, Kierkiewicz, Onishi, Villegas,
and Chair Kagiwada—7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder
and Kimball —2.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 49: APPOINTMENT OF RENEE N. C. SCHOEN AS CORPORATION COUNSEL
From Mayor C. Kimo Alameda, dated December 9, 2024, requesting the Council's
review and confirmation.
Requires Council
Confirmation by: March 17, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 49: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Ms. Renee N. C. Schoen as Corporation Counsel.
Seconded by Mr. Hustace and carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
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GOEAC-1 January 7,2025
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 50: APPOINTMENT OF WILLIAM V. BRILHANTE, JR., AS MANAGING
DIRECTOR
From Mayor C. Kimo Alameda, dated December 10, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 50: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. William V. Brilhante, Jr. as Managing
Director. Seconded by Mr. Hustace and carried by the
following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 51: APPOINTMENT OF DIANE NAKAGAWA AS DIRECTOR OF FINANCE
From Mayor C. Kimo Alameda, dated December 10, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 31, 2025 (Section 13-8,
Hawaii County Charter)
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Vote on Comm. 51: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Ms. Diane Nakagawa as Director of Finance.
Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Comm. 52: APPOINTMENT OF BENSON P. MEDINA AS DIRECTOR OF RESEARCH
AND DEVELOPMENT
From Mayor C. Kimo Alameda, dated December 10, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: February 7, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 52: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Benson P. Medina as Director of Research and
Development. Seconded by Mr. Kaneali`i-Kleinfelder and carried
by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
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Comm. 53: APPOINTMENT OF HUGH Y. ONO AS DIRECTOR OF PUBLIC WORKS
From Mayor C. Kimo Alameda, dated December 16, 2024, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: February 14, 2025 (Section 13-8,
Hawaii County Charter)
Vote on Comm. 53: Ms. Kierkiewicz moved to recommend confirmation of the
(Approved) appointment of Mr. Hugh Y. Ono as Director of Public Works.
Seconded by Mr. Hustace and carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Kimball — 1.
Excused: None.
Mayor Alameda provided a brief narrative of the nominee's
background and experience. Committee Members spoke in favor
of the appointment.
Point of Order: MR. INABA: Chair, Point of Order.
CHR. KAGIWADA: Yes, go ahead, Council Member Inaba.
MR. INABA: Before we go into recess, I just wanted to make sure our next
committee starts at 2:00 (o'clock), and we have three more agenda items. So, I'm
not sure if it would better to just continue, and we have the break between the end
of the agenda items and the next meeting.
CHR KAGIWADA: We'll still have to start it at 2:00 (o'clock)right?
MR. INABA: Yes, I'm not seeing the point of starting again at 1:45 (o'clock),
when that guarantees us having to recess this meeting and then come back to it.
CHR KAGIWADA: Okay, we're still going to have to recess even if we don't
do that. Okay, let's just—can you guys do with 10 minutes. I know it's not that
much. Can you manage within minutes and then we can come right back and do
as much as we can?
MR. INABA: Sure.
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CHR. KAGIWADA: Okay, we'll come back at 1:35 (p.m.).
Thanks. We're in recess.
Recess:
At 1:24 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:35 p.m.
CHR KAGIWADA: Aloha, welcome back. We have items left, starting with
Resolution 33-25. Mr. Clerk.
ORDER OF The Chair directed the Committee to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 33-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
UNITED STATES ARMY GARRISON POHAKULOA TRAINING AREA FIRE
AND EMERGENCY SERVICES, PURSUANT TO HAWAI`I REVISED
STATUTES SECTION 46-7, TO SUPPORT FIREFIGHTING EFFORTS
Seeks to establish a framework for shared resources, response capabilities, and
training opportunities to enhance public safety and mitigate risks across military
and civilian jurisdictions.
Reference: Comm. 41
Intr. by: Council Member Kagiwada(B/R)
Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of
Res. 33-25. Seconded by Ms. Villegas.
CHR KAGIWADA: I believe we have our expert here to give us some feedback
about this project and what we need to know. So, go ahead and introduce yourself,
and the floor is yours.
(Note: At this time, Deputy Fire Chief Daniel Volpe,
came forward to address the members of the Committee.)
MR. VOLPE: Okay, thank you. Good afternoon, my name is Daniel Volpe,
Deputy Fire Chief. So, I'm speaking here on behalf of Chief Diehl, Hawaii Fire
Department. Chief Mike Diehl is also with PTA (P6hakuloa Training Area). He
might be online as well.
What this agreement does, basically, is to extend the ongoing agreement between
the P6hakuloa Training area and the Hawaii Fire Department. Then you have the
911 Emergency Services that happen within their area with recognition that time is
of the essence in terms of EMS (Emergency Medical Services) and fire suppression;
recognizing the fact that PTA has a fully functioning Fire Department that you
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know, is retained in PTA and understanding that there's oftentimes when they may
be the first on the scene.
This allows the other areas that would otherwise be the Hawaii Fire Department's
primary response area. It still remains that, but based on the areas that PTA can get
their assets there, will allow them, on request, to respond to those areas that would
otherwise be the County of Hawai`i's primary responsibility.
That extends to Saddle Road. The 17-mile-marker to the 47-mile-marker is
basically the extent of where PTA can cover. Hawaii Fire Department still remains
again the primary 911 responder for those areas supplemented by PTA in it's
capacity. Similarly, any Hawaii County jurisdictions beyond those areas, upon
request, PTA can also help.
So, those are the things outside of the acutes, like MVA (Motor Vehicle Accident),
heart attacks, medical issues to extended incidents like brushfires continuing. You
know, extended for long periods of time, we can actually still use their resources as
well to help us in our efforts.
Similarly, this covers a lot of training opportunities. PTA currently has one of the
best Structural Fire Training areas that we can use live fire; we can use smoke
training. And with an extension with the outreach of our training session and
relationships with their staff, we would be able to provide invaluable opportunities
up in that area.
So, using PTA facilities, we were able to train the last three to four recruit classes.
Similarly, we were able to train PTA firefighters as part of our ongoing recruit
programs. So, when they need to brush up on discipline, or there's a specific
program going on, we're happy to bring PTA firefighters within the County,
training opportunities. So, this again, extends that.
CHR. KAGIWADA: Thank you so much. Appreciate that summary. Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Fire Chief Volpe, thank you so much for
being here. You know, absent of this agreement, it feels like our County and PTA
have already been collaborating through various natural disaster events and on the
training piece. So, it sounds like this resolution really does formalize the informal
partnership that our agencies have with one another.
MR. VOLPE: Correct. The partnership between PTA and the Hawaii Fire
Department goes back many years. This again, is an extension of that. Looking at
some of the specialties of what the PTA does and over the years, some of their
documented training for as far as command presence, and command systems, and
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instant command. They've been an invaluable asset in some of our longer-termed
responses.
Similarly like at the lava, for example during 2018, they were right there,providing
some of that specialized support, as well as just basic manpower. As we get into
these larger extended incidents, that extended operations, well, it's all hands on
deck. They're being able to provide their firefighters their resources have been
invaluable over the years.
MS. KIERKIEWICZ: Fantastic. That's great to hear. And then, what is the
duration of this particular agreement between PTA and our Fire Department. Is this
something that is needing to be renewed every few years or one and done,
partnership in perpetuity?
MR. VOLPE: I believe as it says in Number 7, I think the agreement shall be
effective upon the date and remain in full force until cancelled by mutual
agreement. So, what you're looking at is again, formalization but updating. So,
recently, PTA has gone through a couple of Chief Officers, as well as the Garrison
Commander at the base has also changed. But what this does is reflect those
changes; provide updated names, new signatures, and changed a few terms. I
believe in the previous agreement it said Saddle Road; changed some of the
terminology to Daniel K. Inouye Highway, it just bascially, updated and refreshed
that agreement.
MS. KIERKIEWICZ: Fantastic. In full support. Thank you for your leadership
and making it happen.
CHR. KAGIWADA: Thank you, Council Member. Anybody else, questions or
comments? Yes, go ahead, Council Member.
MR. HUSTACE: Thanks Chair. Sorry, Deputy, you mentioned that was under
Number?
MR. VOLPE: I'm sorry, on the last page, Number 7. "This agreement shall be
effective upon that date." Right before the signatures. With the agreement that I
have.
MR. HUSTACE: This doesn't go to a 7, so.
MR. VOLPE: Okay. We'll make sure we get you an exact copy of this. You have
a signature page on yours?
MR. HUSTACE: Yes, it goes from 4 to the signature.
MR. VOLPE: Okay.
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MR. HUSTACE: Thanks Deputy, appreciate that.
CHR. KAGIWADA: Alright. Thank you so much. Anybody else? Alright.
Thank you. You know, updating these is really important. It sounds like you'll
bring it back again if there are significant things that need to be updated again. But
otherwise, it'll be maintained in perpetuity. Okay. Thank you so much, appreciate
that. Okay, we have somebody on Zoom who wanted to jump on. Okay, please
introduce yourself and go ahead and make your comments.
(Note: At this time, U.S. Army Fire Chief Mike Diehl,
came forward to address the members of the Committee.)
MR. DIEHL: Hi, I'm Mike Diehl. I'm the U.S. Army Fire Chief that's located up
at Pohakuloa Training Area. Just to elaborate a little bit more on the Mutual Aid
Agreement between the Army and the Hawaii County Fire Department, Deputy
Chief Volpe, did a great job explaining everything and going through it.
The signatory requirement on there is that it will be re-signed every two years, but
the effective Mutual Aid Agreement stays in effect. So, it does not get cancelled
unless, you know, as it lays down in there, unless there's a decision and notices are
provided by the County or the Army. We just will update those signatures.
CHR KAGIWADA: Thank you very much for that additional information. That's
helpful. Anybody else has any questions or comments? No? Okay, with that,
there's a motion on the floor to approve Resolution 33-25 and send it to full
Council. All those in favor please say "aye." Any opposed?
Vote on Res. 33-25: The motion to recommend adoption of Res. 33-25, was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kierkiewicz, Onishi, Villegas, and
Chair Kagiwada—7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder and
Kimball —2.
Excused: None.
CHR KAGIWADA: Resolution 42-25, please.
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Res. 42-25: URGES THE STATE OF HAWAI`I TO IMPLEMENT A UNIVERSAL FREE
SCHOOL MEALS PROGRAM THAT PROMOTES NUTRITIONAL EQUITY,
SUPPORTS LOCAL AGRICULTURE, AND ENHANCES STUDENT SUCCESS
Requests the State of Hawaii incorporate local and regional food procurement
strategies to develop a program to prioritize Hawaii-grown and Hawaii-made
products to strengthen local food systems and support food sustainability goals
essential for academic success and personal well-being.
Reference: Comm. 61
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of
Res. 42-25. Seconded by Ms. Villegas.
CHR. KAGIWADA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. You know, really grateful for the
Hawaii Public Health Institute for reaching out to our office after the AgriPolicy
Summit that we co-convened with Council Member Galimba, Senator Richards,
and Representative Kahaloa.
There's such a need to ensure that our keiki have access to good nutritious meals
on a daily basis when they're at school. Because as we all know, food is a very
fundamental need. And it is a foundation to their sucess in the classroom. And
with the rising cost of living and budgets being stretched, this is one way that our
State Legislature can ensure support for our working families; ALICE families,
Asset Limited, Income Constrained, Employed individuals.
After reading an Appleseed Budget Report, it talked about this Universal Free
School Meal Program costing on an annual basis of$26 million, which would be a
little over 1.2 percent of the Department of Education's budget. This is one way
that we can be supporting our keiki's development and ensuring that they are fed,
so that they can focus; they can learn; and they can achieve their full potential.
You know, in a lot of cases, breakfast and lunch at school is the only meal a child
has access to. They go home, and oftentimes, the kitchen and the pantry are
empty. And I remember sitting on the Board for the Pahoa School's Community
Council, and kids were talking about how awful the meals were. They weren't
eating them.
I asked the teachers on the call, are you eating school lunch? And they laughed.
They dismissed. They were like, "No, we're not eating it." If you're not going to
eat it, our kids aren't going to eat it.
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So, another aspect of this resolution is calling for locally sourced nutritious meals.
I know that Laupahoehoe Public Charter School recently piloted a 100 percent
locally sourced School Meal Program, and that was met with such rave reviews
by our keiki. And so, this is another way that we can be supporting our local
agricultural ecosystems and our economy.
So, when kids are eating healthy and they're eating local, it is a triple win.
They're thriving in the classroom, they're healthy, and our economy is strong
because it's centered on taking care of our Ag systems.
I think through this resolution we can send a very strong message to our State
Legislature that we want to ensure that every single day when a kid goes to
school, they're not starting off or remaining hungry; that we are equipping them
with all the tools they need, including food to be successful.
We talk about our kids being our most precious resource. This is one significant
way that we can support their health and wellbeing and their learning. So,just
looking for everyone's support.
I know it's a symbolic resolution, but I think it's very powerful coming from our
Council at the start of the State Legislature, as they are determing their priorities
this term. Thank you, Chair.
CHR. KAGIWADA: Thank you very much, Council Member. Anybody else,
comments, questions? Okay. I'll just say, I'm very supportive and hope that you'll
let us know if there are opportunities to testify on State legislation around this, so
that we can help support it in any way that we can. So with that, all those in favor,
of moving Resolution 42-25 to Council with a favorable recommendation,please
say "aye." Any opposed?
Vote on Res. 42-25: The motion to recommend adoption of Res. 42-25, was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kierkiewicz, Onishi, Villegas, and
Chair Kagiwada—7.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder and
Kimball —2.
Excused: None.
CHR KAGIWADA: On to our last resolution,please.
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Res. 49-25: AUTHORIZES THE CONTINUED EMPLOYMENT OF SCHLACK ITO, A
LIMITED LIABILITY LAW COMPANY, AS SPECIAL COUNSEL TO
CONTINUE TO REPRESENT THE COUNTY OF HAWAI`I IN HUI MALAMA
HONOKOHAU VERSUS COUNTY OF HAWAI`I, CIVIL NO. 1:23-CV-00393
Extends the retention of Special Counsel Services with additional compensation of
$300,000 and total compensation not to exceed $500,000.
Reference: Comm. 71
Intr. by: Council Member Kagiwada(B/R)
Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of
Res. 49-25. Seconded by Mr. Galimba.
CHR. KAGIWADA: I'm going to turn it over to Deputy Corporation Counsel here
to explain the issue. Thank you. Press the green button, and please introduce
yourself.
(Note: At this time, Deputy Corporation Counsel Lerisa Heroldt
came forward to address the members of the Committee.)
MS. HEROLDT: Good afternoon, Honorable Council Members, Lerisa Heroldt,
Deputy Corporation Counsel, Litigation Section Chief. Here to talk to you about
the request to continue to fund the Special Counsel Agreement with Schlack Ito
regarding the lawsuit brought against the County of Hawaii by Hui Malama
Honokohau, regarding the Kealakehe Wastewater Treatment Plant in Kailua-Kona.
The resolution and the B-52 that was submitted to you is pretty self-explanatory.
Last year, the Council authorized $200,000 to fund the Special Council contract.
We have made signifiant progress in the litigation and have settled the liabiltiy
phase of the settlement.
We are engaged in ongoing settlement discussions with the Hui regarding the
second phase of the litigation, which focuses on remedies and penalties. And for
that, we request additional funds for the amount that our department has budgeted
for Fiscal 2024-2025. We hope to settle this case soon, and it would be really
great if we did. But to be efficient before this group, I'm asking for the $300,000
that's been budgeted for this year. Thank you.
CHR KAGIWADA: Thank you very much. Questions or comments from the
dais? Yes, Council Member Villegas.
MS. VILLEGAS: There's a lot of controversy and conflict over the first approval
and allocation for the funds. I am grateful to say that how things have gone and
the good faith that has been exhibited by both parties in working together, and the
wise and frugal allocation of these funds, I remain hopeful that we can then head
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into the settlement and fully humbly acknowledge the irony of sitting here in this
role. And being in support of Earthjustice, holding the County accountable for the
years of not operating our wastewater treatment facilities with the highest
accountability.
So, I'll be supporting this today, and I look forward to seeing how it goes and
where it goes. And unfortunately, sometimes it is through lawsuits and litigation
that we get where we need to be, and that seems to be the case this with. So, thank
you for your diligence and your hard work and representing the County and
working collaboratively with this other law firm utilizing their special skillset.
My understanding is they have relationship with working and negotiating with
Earthjustice. And they also have a lot of experience with wastewater issues in
general. So, thank you for keeping us abreast. I will be supporting this today. But
once again,just looking for the cleanest, most effective route to getting our
wastewater system cleaned up and this litigation put to bed.
MS. HEROLDT: Thank you, Council Member Villegas.
CHR. KAGIWADA: Alright, thank you. Council Member Onishi.
MR. ONISHL Thank you. I don't know if you are able to share with us. But you
know, do you have an idea on what the fines might be or the penalties that the
County is going to end up paying?
MR. HEROLDT: That would be speculative right now, and I'm fully prepared to
give the Council an update and my best recommendations or my best prognosis on
the case. But because we're in litigation, I would suggest that we do that in
Executive Session.
MR. ONISHL That's what I was going to do, because I feel that would be where
we could get more information, right? Yeah, but okay, thank you.
CHR KAGIWADA: Alright, if people want to do an Executive Session, maybe we
could do it when this is heard at Council level. That makes sense, okay, thank you
so much. Any other questions or concerns? Alright, thank you so much, Deputy
Corporation Counsel. I do feel like, you know, you came to us and told us what
you thought would happen. And I think that's the best scenario, and it's kind of so
far anyway, knock on wood. It's been that way. So, appreciate all your efforts here
and happy to support. Alright, all those in favor in approving Resolution 49-25 and
sending it to Council with a favorable recommendation, please say "aye." Any
opposed?
Page 16
GOEAC-1 January 7,2025
Vote on Res. 49-25: The motion to recommend adoption of Res. 49-25, was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kierkiewicz, Onishi, Villegas, and
Chair Kagiwada—7.
Noes: None.
Absent: Committee Members Kdneali`i-Kleinfelder and
Kimball—2.
Excused: None.
ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at
MENT: 1:59 p.m.
Approved:
Ms.13enn Kagiw , Chair (Date)
Committee on Governmental Operations
and External Affairs
JKMt
Page 17