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HomeMy WebLinkAboutREP PCHSW 011 2026-09-01 2024-2026REPORT OF THE POLICY COMMITTEE ON HEALTH SAFETY, AND WELL-BEING DATE: September 1, 2026 Re: Comm. 1041/Bill 189 PLACE: Council Chambers Hilo, Hawai `i TIME: 12:28 p.m. Council Chair and Members Hawai'i County Council Hilo, Hawaii 96720 Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 189, reports as follows: Bill No. 189, transmitted by Council Member Dennis "Fresh" Onishi via Communication No. 1041, dated August 12, 2026 amends Chapter 14, Article 25, Section 14-151 of the Hawaii County Code 1983 (2016 Edition, as amended), related to clearing unsafe flora. Bill 189 specifies that a department designated by the mayor may investigate and certify complaints of unsafe flora and specifies that an appropriate expert may be consulted in such cases. Public Works Director Wesley Segawa, Deputy Engineering Chief Melanie DeMello, and Deputy Corporation Counsel Sinclair Salas-Ferguson were present in the chambers for questions. Chair Onishi provided a brief overview. Mr. Segawa voiced his departments hesitant support for the bill and clarified that they are working on hiring an arborist. Committee Member Ashley L. Kierkiewicz expressed confusion over how the bill will change what the mayor or the department does with the unsafe flora complaints. Ms. DeMello clarified that currently, the department of public works (DPW) receives the complaints of unsafe flora from the Mayor's Office to investigate. They send out their engineers, who base the level of danger a tree poses by how tall the tree is and if it would hit an existing building or County right- of-way, to certify the complaint. Mr. Salas-Ferguson further clarified that DPW does not have a certified arborist to do the complaint investigations but this bill will require they work with one. Committee Member Jenn Kagiwada sought clarification on Chapter 14 Section 14-152 that addresses ways for the County to recover the cost of clearing lots of unsafe flora. Mr. Salas- Ferguson and Ms. DeMello informed the committee that, to their knowledge, the County has not yet used this section of the Code to clear unsafe flora on an unoccupied lot. Mr. Salas-Ferguson also informed the committee that the County usually keeps matters between private property owners private unless extenuating circumstances exist. Committee Member Matt Kaneali`i-Kleinfelder expressed concern about property owners not being able to afford to clear the unsafe flora on their own and that they might not be able to afford the reimbursement to the County. Chair Onishi clarified that this bill is just the start to fixing the ongoing unsafe flora issue by requiring that the designated department to consult an appropriate expert. Committee Member Heather Kimball pointed out that there could be unintended consequences when requiring departments to consult an expert because not every complaint will require an expert. Your Policy Committee on Health, Safety, and Well -Being is in accord with the purpose and intent of Bill 189, and recommends its passage on first reading. ct AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON HEALTH, SAFETY, AND WELL-BEING DENNIS "FRESH" ONISHI, CHAIR PCHSW REPORT NO.: 11 ADOPTED: