HomeMy WebLinkAboutMIN COUNCIL 2019-02-05 2018-2020 Hawaii County Council
51h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
February 5, 2019
INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Chair
Ms. Karen Eoff, Vice Chair
Ms. Maile Medeiros David, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Valerie T. Poindexter, Member
Mr. Herbert M. "Tim" Richards, III, 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, Mr. Kaneali`i-Kleinfelder led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements
FROM THE from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Jerry Warren: Bill 210 (Comm. 1165), in opposition.
Hawaii County Council-5 February 5,2019
Dwight J. Vicente: Bill 1, Draft 2 (Comm. 13.5), comment; and
Bill 6 (Comm. 28), comment.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval of Mr. Richards moved to approve the Minutes of
Minutes: December 19, 2018. Seconded by Ms. Eoff and carried by
(Approved) the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 74: REPORT OF ATTENDANCE OF COUNCIL MEMBERS CHUNG,
POINDEXTER, AND RICHARDS AT A COMMUNITY MEETING TO HEAR
PRESENTATIONS BY TWO AIRLINE CARRIERS CURRENTLY BEING
CONSIDERED FOR THE ESSENTIAL AIR SERVICE AT THE
WAIMEA-KOHALA AIRPORT, PURSUANT TO HAWAII REVISED
STATUTES SECTION 92-2.5(e)
From Council Member Tim Richards, dated January 15, 2019.
Vote on Comm. 74: Mr. Richards moved to close file on Comm. 74. Seconded
Filed by Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—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:
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Hawaii County Council-5 February 5,2019
Bill 1: AMENDS ORDINANCE NO. 99-42 WHICH RECLASSIFIED LANDS FROM
(Draft 2) OPEN (0) TO PROJECT DISTRICT (PD) AT KAUPULEHU, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY: 7-2-003, PORTION OF 1
(Applicant: KD Acquisition, LLLP and Hualalai Investors, LLP; formerly
Kaupulehu Developments) (Area: approximately 1,078.63 Acres)
The Leeward Planning Commission forwards its favorable recommendation to
accept the Overall Status Report required by Condition BB, and to grant a 20-year
time extension to Condition B (Development Period). Implementation of the
public access plan shall be completed within one year from the effective date of
this amended Project District Ordinance. Costs for improvements required by
Conditions M and N shall be credited against the sum specified in Condition W(5)
for road and traffic improvements. The property, known as the Kaupulehu
Project District, is located between the 87 and 84 mile markers of the
Queen Ka`ahumanu Highway.
Reference: Comm. 13.5
Intr. by: Ms. Kierkiewicz
First Reading: January 23, 2019
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 1, Draft 2, on second
and final reading. Seconded by Mr. Richards.
CHR. CHUNG: Discussion, please. You want to give us an update on what's
going on here?
(Note: At this time, Paralegal Jason Knable of Carlsmith Ball LLP,
applicant's representative, and Sr. Vice-President Thad Bond of Re-Play
Destinations and Kaupulehu Developments came forward to address the
members of the Council.)
MR. KNABLE: Good morning, Chair, Vice Chair, members of the County
Council. My name is Jason Knable, a paralegal with Carlsmith Ball, here today
representing the applicant on Bill 1, Draft 2.
MR. BOND: Good morning, Chairman Chung, Council Members. Good to see
you this morning. Thad Bond, representing Re-play and Kaupulehu
Developments.
CHR. CHUNG: Do you have any questions? Ms. Eoff
MS. EOFF: Thank you, Mr. Chair. Thank you, Mr. Knable and Mr. Bond for
being here and for your consideration and willingness to go along with the
amendments that were included in this new draft. I just really appreciate the
exchange, and good luck going forward.
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Hawaii County Council-5 February 5,2019
MR. KNABLE: Thank you very much.
CHR. CHUNG: Okay. Anyone else? Okay, we have a motion and a second. All
those in favor, say "aye."
Vote on Bill 1: The motion to pass Bill 1, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Thank you very much, you guys.
MR. BOND: Thanks very much for the support.
Bill 5: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL - THREE ACRE (A-3a) TO
SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT
WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY: 2-4-039:026
(Applicant: Hilo One Incorporated) (Area: approximately 12.728 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to subdivide the property
into 30 lots. The application states that the subdivided lots will be sold on the
open market to the general public. The property is located along the south side of
Haihai Street.
Reference: Comm. 27
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: January 23, 2019
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Hawaii County Council-5 February 5,2019
Vote on Bill 5: Ms. Kierkiewicz moved to pass Bill on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Thank you.
Bill 6: AMENDS ORDINANCE NO. 07-26, WHICH RECLASSIFIED LANDS FROM
OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL - 1,000 SQUARE FEET
(RM-1) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-4-057:029, PORTION 030 AND PORTION 031 (FORMERLY
2-4-057:001)
(Applicant: Hawaii Island Veterans Memorial, Inc.) (Area: 4.888 Acres)
The Windward Planning Commission forwards its favorable recommendation to
grant a 10-year time extension to Condition C (Complete Construction), and its
unfavorable recommendation to defer the requirements of Condition B (Water
Commitment) and delete Condition F (Install Street Lights and Traffic
Controls). The applicant's current plan is to establish the Ka Hui Koa
development project consisting of approximately 96 rental housing units and a
community center, located at the north corner of the Kawili Street and
Kapi`olani Street intersection.
Reference: Comm. 28
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: January 23, 2019
Vote on Bill 6: Ms. Kierkiewicz moved to pass Bill on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-5 February 5,2019
CHR. CHUNG: Motion carried.
Res. 40-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTI-FUNCTION COLOR COPY MACHINE FOR THE
DEPARTMENT OF LIQUOR CONTROL
Authorizes the Mayor to enter into a five-year lease agreement at an approximate
monthly cost of$300, to be used by the department's Hilo office.
Reference: Comm. 83
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 40-19. Seconded by
Ms. Lee Loy.
CHR. CHUNG: Discussion?
MS. DAVID: Mr. Chair?
CHR. CHUNG: Yes.
MS. DAVID: This was requested it be waived out of Committee, and I'd just like
to ask for just a brief explanation.
(Note: At this time, Administration Officer Brandon Gonzalez,
Department of Liquor Control, came forward to address the members of
the Council.)
MR. GONZALEZ: Thank you. Good morning, Chair and members of the
Council. Thank you for waiving this out of Committee. We have a current multi-
function copy machine for our Hilo Office where the multi-year lease ends on
June 16'h of this year. So, we would like the opportunity to go and enter into
another multi-year lease agreement for a replacement machine before we don't
have a machine.
MS. DAVID: Mahalo. I yield.
CHR. CHUNG: Any further discussion? There being none, all those in favor say
Ic aye.
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Hawaii County Council-5 February 5,2019
Vote on Res. 40-19: The motion to adopt Res. 40-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Thank you, Brandon.
MR. GONZALEZ: Thank you for taking me out of order.
Bill 22: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Increases revenues in the Federal Grants —Improve Forensic Services account
($33,793); and appropriates the same to the Improve Forensic Services account,
for a total of appropriation of$63,793. Funds would be used to provide forensic
science training and purchase updated equipment.
Reference: Comm. 86
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 22 on first reading.
Seconded by Ms. Lee Loy.
CHR. CHUNG: Discussion, Ms. David?
MS. DAVID: Yes, thank you. Could you please identify yourself and give us a
brief description of this matter that was waived?
(Note: At this time, Kathy Pung, Criminalist III of the Police Department,
came forward to address the members of the Council.)
MS. PUNG: Kathy Pung. I work for the Hawaii Police Department's crime lab.
This grant is for equipment for our vice section. It's a field-based analyzer for
drugs, and it's part of the opioid epidemic safety precautions.
MS. DAVID: Thank you very much. I yield. Thank you.
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Hawaii County Council-5 February 5,2019
CHR. CHUNG: Anyone else? There being no further discussion, all those in
favor say "aye."
Vote on Bill 22: The motion to pass Bill 22 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Thank you.
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.
(Note: Resolution 40-19 was taken up previously, out of order.)
Res. 30-19: AUTHORIZES THE ACCEPTANCE OF MONETARY DONATIONS
TOTALING $170,355 FOR DISASTER RELIEF FROM THE 2018 LAVA
FLOW
Accepts donations from various private sources, as follows: Puna Geothermal
Venture ($150,000), Tokyoto Oshimamachi($18,274.22), Saishoin Temple
($2,000), and Sister City Mayor Inoue ($80.44). Funds would be used to help
offset costs incurred relating to the 2018 lava disaster in the lower Puna region.
Reference: Comm. 52
Intr. by: Ms. David (B/R)
Approve: FC-10
Motion to Approve: Ms. David moved to adopt Res. 30-19 and Finance
Committee Report No. 10. Seconded by Ms. Kierkiewicz.
CHR. CHUNG: Any discussion on this matter? I just have a question, though.
Mayor Inoue is from which sister city? Does anyone know? Well, we'll find out.
Okay. It's been moved, seconded. All those in favor, say "aye."
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Hawaii County Council-5 February 5,2019
Vote on Res. 30-19: The motion to adopt Res. 30-19 and Finance Committee
(Adopted) Report No. 10 was carried by the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried.
Res. 39-19: AUTHORIZES THE CONTINUED EMPLOYMENT OF SPECIAL COUNSEL
TO REPRESENT THE NAMED DEFENDANT AND FORMER EMPLOYEE
OF THE COUNTY OF HAWAII, IN THE CRIMINAL ACTION STATE OF
HAWAII VS. JODY BUDDEMEYER, CR. NO. 16-1-331K
Authorizes the continued retention of the Law Offices of Brian J. De Lima at an
amount not to exceed the total sum of$90,000 plus costs as the Office of the
Corporation Counsel is precluded from representing individuals in criminal
matters.
Reference: Comm. 82
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
(Note: Comm. 82.1 from Corporation Counsel Joseph K. Kamelamela, dated
January 30, 2019, transmitting proposed amendments to Res. 39-19, was
circulated.)
Motion to Approve: Ms. David moved to adopt Res. 39-19. Seconded by
Ms. Poindexter.
CHR. CHUNG: Any discussion? We have Mr. Kamelamela here.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good morning, Chair and members of the County
Council. Thank you for waiving this. I think I sent a letter on January 3rd that,
actually, we needed more than the $40,000 that we had requested; I think, like,
$50,000. `Cause, we got the bill, an invoice from Brian De Lima.
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Hawaii County Council-5 February 5,2019
On this initial contract, we had asked for $50,000. That was in anticipation of
certain kinds of things. But looking at the invoice that he had sent to us prior,
dealing with the type of work that he had done up to the phase where there was a
potential settlement offer as to what to plead to, he had already spent a little bit
over 45,000 already. So, what's left over is about $4,306.83.
As we know, he did go to trial. He actually rented a house because he needed it
as a second office `cause his office is here. He rented a house near the courtroom
for about 18 days because that was an anticipated date of the trial. So,part of that
is reflected in his invoice. So, we're asking for a little bit more `cause I think the
quality of work for Mr. Buddemeyer.
CHR. CHUNG: Right. Of course, you sent us a letter and you support this, right?
MR. KAMELAMELA: Yes.
CHR. CHUNG: Okay. Ms. David, you want to make a motion?
Motion to Amend: Ms. David moved to amend Res. 39-19 with the contents of
Comm. 82.1. Seconded by Ms. Poindexter.
CHR. CHUNG: Any discussion on the amendment? There being none, any
further discussion ?
MS. DAVID: What about Tim?
CHR. CHUNG: Oh, Mr. Richards, I'm sorry.
MR. RICHARDS: Thank you, Chair. Chair, a little direction or maybe it's from
Mr. Kamelamela. We received a communication that was stamped "confidential"
and then we have all of the other— And so, I wasn't sure if we had to go into
Executive Session for counsel.
MR. KAMELAMELA: No. Okay, good, thanks for clarifying that. That was a
mistake that we had put that there.
MR. RICHARDS: Okay.
MR. KAMELAMELA: So, early on, we had to inform the Clerk's Office that it's
okay to publish this
MR. RICHARDS: Okay.
MR. KAMELAMELA: Which I know that they have.
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Hawaii County Council-5 February 5,2019
MR. RICHARDS: Okay, thank you. I appreciate that. Thank you, Chair.
CHR. CHUNG: No further discussion on the motion to amend, all those in favor
say "aye."
Vote on Motion to The motion to amend Res. 39-19 with the contents of
Amend: Comm. 82.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Any further discussion on the main motion?
MR. HENRICKS: Mr. Chair?
CHR. CHUNG: Yes?
MR. HENRICKS: As the resolution has been amended, we would need to
entertain a motion to suspend the rules to further discuss the resolution.
CHR. CHUNG: Okay, can I have the motion?
Vote on Motion to Mr. Richards moved to suspend Council Rule 24, to waive
Suspend Council the holdover for the substantive amendment of Res. 39-19.
Rules: Seconded by Ms. Poindexter and carried by the following
(Approved) voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried.
MR. HENRICKS: Now we go back to the vote on the main motion, as amended.
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Hawaii County Council-5 February 5,2019
CHR. CHUNG: Right. Okay, back to the main motion, as amended. Any further
discussion? There being none, all those in favor say "aye."
Vote on Res. 39-19: The motion to adopt Res. 39-19, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
MR. KAMELAMELA: Thank you very much.
CHR. CHUNG: Motion carried. Okay, Joe, thank you very much.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Bill 22 was taken up previously, out of order.)
Bill 210: AMENDS CHAPTER 21, ARTICLE 4, OF THE HAWAII COUNTY
(2016-2018) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SEWER
SERVICE CHARGES
Increases sewer fees incrementally on March 1 for three years beginning in 2019,
as follows: Single Unit Residential: $12, $7, and $6; Multi-Unit Residential: $12,
$7, and $6; Nonresidential: $17, $9, and $6; Private Haulers: $15, $10, and $5;
and Gang Cesspools: $0, $6, and $3. The Department of Environmental
Management requests these increases to eliminate the need for the General Fund
subsidy and increase funding for facility repairs.
Reference: Comm. 1165
Intr. by: Ms. David (B/R)
Approve: FC-5
Postponed: January 23, 2019
(Note: There is a motion by Ms. David, seconded by Ms. Villegas, to approve
Bill 210.)
; and
Comm. 23.2: From Environmental Management Commission Chair Richard Bennett, dated
January 23, 2019.
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Hawaii County Council-5 February 5,2019
CHR. CHUNG: Mr. Kucharski—is there anyone who has a comment or a
question regarding this matter? Mr. Richards.
MR. RICHARDS: Chair, thank you and thank you, Mr. Kucharski, for coming.
As I recall, we left off the conversation concerning where we were headed with
the fees. And I think, Chair, the endpoint of the conversation was it was
paradoxical that we would raise sewer fees on the people that are helping the
County as a whole when in fact it is helping the whole County. So, should this
cost be only borne by the people on sewers or the community as a whole since it's
to the benefit of the whole community? That's kind of where we got a little bit
stuck. And so, Mr. Kucharski was supposed to come back after a conversation
with the Environmental Management Commission and go from there. That's as I
recall. So, Mr. Kucharski?
(Note: At this time, Environmental Management Director William
Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: Bill Kucharski, Director of DEM (Department of
Environmental Management). Thank you, Mr. Richards, Council. After our last
reading, I went back to the Environmental Management Commission requesting
four different alternatives or four different essential questions: 1) Do they still
support the funding over three years? If we had a single flat rate and that
extended and there weren't multiple increases, would they like to see this
extended to five years? And so, are there any recommendations on alternative
funding for dealing with the operation of the Wastewater Division?
The letter response that came back in the communication was that the
Environmental Management Commission supported the three-year increase.
They were very much in favor of trying to find alternative funding mechanisms
for the department, but funding is not necessarily their expertise. So, they pushed
the question back to the Council and said they have nothing.
If we take a look at alternate programs like the AV, the Abandoned Vehicle
program, that is a fee that's attached to registration. The money from there goes
into a fund that can only be used for dealing with abandoned vehicles. We have
no such mechanism for wastewater. And any type of fee that might be attached
to, let's say, a property tax bill, I have no expertise in how that might be
structured or managed.
I will say that the condition of the wastewater system in our County is not good.
Our ability to get people to come and work for us to maintain what we have is
limited. We have limited success, one of the reasons being you have to work
twice as hard as you do in the private sector because they have modern systems,
they're clean, you can go in and do your job and not be up to your knees and
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Hawaii County Council-5 February 5,2019
elbows in the material that we have to treat. And so, it's very difficult with the
aged facilities to move forward, and not only to maintain them but to get people to
maintain them.
The other issue we have is we've talked about cost. Right now, only about
18 percent of the population on the County is on sewer. That means that
82 percent of the residents are paying for every one of our debt service payments
for construction, for all of that. So, we do have a sharing. Admittedly, the people
that are on sewer have a greater burden because they not only have that CIP
(Capital Improvement Project) increase that they need to pay via the General
Fund and debt service, but they also have the funds that are necessary to maintain
the systems that we have.
To remind the Council of the "after Hurricane Lane"when we came in and we
had the brown water discussion, that is primarily caused by the fact that we
cannot upgrade some facilities. And delaying and moving the funds that we need
to operate and upgrade and maintain is not going to make that problem go away,
and it will cost us more in the long term. Having said that, the decision as to how
we go forward on this is in your hands, and the department will do what it has to
do with the funds that are made available. I will say that the sooner we have the
funds, the better, but I don't know what better means. That's sort of an
amorphous word that can mean anything to anyone, but we will be able to get to
repairs sooner and then make things happen better. But again, the decision is up
to you, and we've provided the best alternative that we have. The Environmental
Management Commission has supported that, and there is not much more I can
say. Thank you.
CHR. CHUNG: Ms. Villegas.
MS. VILLEGAS: Aloha, Mr. Kucharski. Thank you for being here again today,
and I'd just like to honor your exemplary skills and talents and experience and
acknowledge that you come to us highly overqualified for a position like that.
And I, myself, take that into high consideration that when you are bringing
suggestions. And taking care of our waste is something that we as humans don't
always really like to do. We put it off on other people and we want somebody
else to pay for it, and I think it's kind of a tragic demise of our species. We're
facing some really intense potential environmental catastrophes.
Unfortunately, for decades we haven't increased some of the fees on this.
Nobody wants to charge people more money for a service they're used to not
having to pay as much for, but it's been to, I believe, our own demise that fees
weren't raised—for how many years now, Mr. Kucharski?
MR. KUCHARSKI: Seventeen.
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Hawaii County Council-5 February 5,2019
MS. VILLEGAS: For 17 years. And what's the percentage still that we're
paying less than other counties?
MR. KUCHARSKI: If we double, we're still lower than the next lowest rate in
any of the other counties of the State.
MS. VILLEGAS: Yeah. And so, I just, once again going back to the example of
the Lono Kona Sewer Improvement District, the County—the rest of us
constituents, whether or not we have septic tanks or cesspits, are paying the extra
$7 million for that $11-million project while the residents of that community are
required, and they are part of the program, to pay that 2 million. I just think it
behooves us to take into consideration that the rest of the constituents of this
County are paying in one way or another for our wastewater.
I want to thank you for your creativity and for the Environmental Management
Commission taking the time and the patience with us to go back and look at other
options and alternatives. And I just want to thank you for this process. It's not
going to make me super popular with a lot of constituents, but sometimes I'm not
super popular with my daughter but I need to make decisions as a mother that are
for the greater good of my family and of my community. We've got to take care
of our waste, or we're going to end up stewing in our own waste.
So, I just would like to encourage the other members of this body to take into
consideration we have to make some tough choices, but managing our waste is
one of those steps in the right direction, I believe. And the increases, I believe
and I couldn't say statistically for sure, but District 7 probably has one of the
highest percentages of people on wastewater treatment as opposed to more rural
areas where it would be cesspits or septic tanks. So, I just want to thank you for
that and, yeah, thank you.
MR. KUCHARSKI: Thank you.
CHR. CHUNG: Mr. Richards.
MR. RICHARDS: Thank you, Chair, and thanks, Bill. A couple of things. I
asked you previously what it would take to get half of our County on sewer
systems. You said maybe 800 million, something like that. I've had a couple of
weeks to think about it. Is that still a good ballpark number?
MR. KUCHARSKI: Let me give an example. We have Kea`au coming in; it's
one of the areas that has septic tanks that is a Priority 3. That's 90 square miles of
property at $1.9 million or one-eighth of a mile. To sewer that is going to be
approximately—that's going to be about $400 million if we had used that cost.
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Hawaii County Council-5 February 5,2019
So, that can put that into perspective. And that will be just straight lines, maybe
four trunks down. And that's about—you're looking at about $400 million just
for that.
MR. RICHARDS: Okay, so, I might be hearing even it's a bit low.
MR. KUCHARSKI: That's an optimistic number, yes, sirin my opinion
anyway.
MR. RICHARDS: Okay. I don't want to spend a lot of time creating numbers.
A second question I had, reading some of this, wherever it was, infiltration and
exfiltration in the system. Can you expand on that a little bit for us,please?
MR. KUCHARSKI: When we treat the water at Kealakehe, right now we're
discharging—the R-1 water will have a salinity of up to about 600 parts per
million. If you're on the Mainland and you get a normal drinking water, you're
probably, on chlorides, you're down to about 30. There is no secondary standard
for chlorides. It's not a health issue. But when we get, for example, later we have
the Lanihau Force Main. Then, when we had our Kamehameha Day Parade
sewer line break two years ago, that was showing that the pipes in there were put
in, in the 1960's, cast iron.
The fact that that started to release means that—particularly down in Kona, the
lines that we have are generally impacted by tides. When the tide goes up, the
saltwater goes in and you submerge or partially submerge these lines. Then,
when the tide goes out, that comes in. But any time you have that, you have the
opportunity if there is any kind of leak for saltwater to enter the system. That's
what the infiltration is. You'll get infiltration from tides, possibly from rains, all
different types of things if you do not have real tight sewer lines. Generally, the
sewers will have leakage of 5 to 10 percent. That's pretty normal, the way they're
constructed. But we're getting significantly more than that.
And so, the other part is when you're on a force main, you can also be pushing
untreated waste out. And that's what happened when the pipes broke, is that we
were pumping raw sewage out into the bay. So, you get exfiltration going out of
the pipe, infiltration when you have things and you're not on a pump cycle and
the saltwater enters into the system. Those are some of the things that we need to
repair on those issues. But that's what that is.
MR. RICHARDS: In follow up on that, Chair. From a salinity standpoint for
using the water R-1 for reuse for irrigation whenever, we're problematic with that
too. Is that what I understand?
MR. KUCHARSKI: Again, for the mic, Bill Kucharski. Usually, when we come
in and you have waters that are in the 600 parts, you have to have salt tolerant
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Hawaii County Council-5 February 5,2019
plants. I would not put that on alfalfa fields. I would not put that on corn or any
other area. But most of the golf—one of the reasons it's used on golf courses is
that they use really salt-tolerant grasses. If you go to Kohanaiki, the plants that
they have there are all salt tolerant. It's one of the reasons ER-1 is good. If we
can use more R-1 and we use less potable water, we pump the aquifer less, then
we don't salt that aquifer. So, there's a double benefit for that. But the goal is to
decrease the amountI think, right now, we're getting about 300 parts per
million in the drinking water in Kona from the wells. I can be corrected by Water
Supply, but I think it's somewhere in the 2 to 300. And then the infiltration and
just evaporation in the system, by the time we discharge that it's about 600 parts.
MR. RICHARDS: Okay. I'm going to yield at this point, but I think we have a
bigger conversation to have. And I'm going to yield to my other colleagues, but I
think we need to think pretty hard before we go too much further. I yield.
CHR. CHUNG: Anyone else? Okay, Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Mr. Kucharski, for being here. I
have a district that has an outfall pipe. So, repairing this is very important to my
district. But what bothers me is that we keep going back to the same playbook:
raise taxes and then improve things. What Mr. Bennett provided in his letter to us
was a call to action, what I think is a call to action. It says, "We further suggest a
funding mechanism be explored to include all residents . . . ." I think that's
something that the Council really needs to take to heart, that we can't keep going
back to the same playbook.
We're asking for a lot out of our constituents, but this is a big ticket item. I really
want to maybe defer until—and I'm willing to step up to the call to action and
look at other funding mechanisms or tools that the Council has within its control
to get the type of money that needs to happen and not just spread it over a few. I
think Mr. Richards touched on that a little bit.
I'm excited because the Legislature is in session right now, and I don't know if
there's ways through the GE(General Excise) `cause there's talk about expanding
the use of the GE. You've provided phenomenal information on maybe that GE
could be expanded for this infrastructure purpose `cause that is a huge ticket item.
Yesterday, Chair Chung mentioned it, that Honolulu City and County had the big
ticket item. It was real. This is a big ticket item for Hawaii County, and we
could truly move the needle on addressing our waste. And so, if it's okay with the
rest of my colleagues, I'd like to make a motion to defer this until we have a little
bit more time and a little bit more opportunity to look at other funding sources as
we are being directed by Mr. Bennett. That's where I'm headed with this one. I
just need a little bit more time.
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Hawaii County Council-5 February 5,2019
I think you doing the calculations over three years or five years, I think that's
been incredibly helpful for us. But the real big number is somewhere out there at
800 million or even a billion dollars. Our environment is important, no doubt,
and that's what I hear from the rest of my colleagues. If we're going to make a
difference, we have to do it in a big way. I yield at this time.
CHR. CHUNG: So, is there a motion?
Motion to Postpone: Ms. Lee Loy moved to postpone Bill 210 to the call of the
Chair. Seconded by Mr. Richards.
CHR. CHUNG: Any discussion? Ms. Poindexter.
MS. POINDEXTER: I wouldn't support it to the call of the Chair. I would
support a time certain, maybe to the next meeting because it would give
Mr. Kucharski some time for other people. I want to keep moving this along and
the discussion, moving the discussion along instead of having it be stale for a
while until we decide, the call of the Chair. I think this time certain pushes us to
keep that discussion going, important information. So, I'm not going to support
the postponement or the deferral unless there is a time certain. Thanks.
CHR. CHUNG: Ms. Villegas.
MS. VILLEGAS: Just for clarification, I guess, for myself. I'm a little confused
here because we're potentially deferring something that relates to a three-year
increase to help pay for our current wastewater treatment facility and those who
are currently utilizing our wastewater treatment facilities. The need for our island
as a whole to transition from cesspits or septic tanks to wastewater treatment
facilities and a project potentially of$800 million, to me that's kind of a separate
thing. That's the big long-term solution.
But right now, having been identified how we can make sure that what we
currently have is being paid for with and by the users of the system in place, even
though it does—and we've heard many times—need to be replaced as a whole
and taken into consideration—and I would love to see a potential of a billion-
dollar program and getting our island completely up to date. However, I don't
think it behooves us to defer this difficult decision because I see them as different.
One is taking care of what we currently have, and another is coming up with a
broader long-term replacement for the systems at hand. Thank you.
CHR. CHUNG: Ms. Eoff
MS. EOFF: Thank you, Mr. Chair. I had similar concerns because I like the idea
of looking at using some of the GE surcharge to fund a big project on our island,
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Hawaii County Council-5 February 5,2019
such as creating the ability of wastewater treatment plants to handle our sewage.
But that's got a lot of"ifs" and a lot of long-term—it takes a while to get to that
point.
And so, as Ms. Villegas just stated, I think at this point in time we do need to do
something immediately. That's what Mr. Bennett and you have impressed upon
us through this Environmental Management Commission's letter. Asking us to
look for alternative funding and putting that on us I think is great. And I like what
Ms. Lee Loy said and that direction. But I think he also impressed upon us the
immediate needs, and you've done that too.
So, I feel concern about delaying action on this because to really get to the point
where we have the kind of funding sources to fund any kind of big improvements
is going to be, I would say, years from now. I'm not sure if that's correct, but
that's what I would assume. Thank you.
I don't think I would support a postponement. I think we need to move it along.
If we do come up with positive sources of funds, then I think we can come back
and amend the rates or do something to relieve the burdens. Thank you.
CHR. CHUNG: Ms. David.
MS. DAVID: Thank you, Chair. I have to concur with some of my Council
Members on everything, on the importance of this and our responsibility of taking
care of our environment except that the long-term vision is something that should
be separate and aside for immediate issues right now.
I have a question for you, Mr. Kucharski. What is your opinion on the delay as is
being requested?
MR. KUCHARSKI: Bill Kucharski, Director of DEM. I fully understand the
issue of raising these rates. My heart goes out to the people that all of a sudden
have, for them, a very significant increase. Seventeen years is a long time to
ignore an issue. You can kick the can down the road only so long as you have a
road, and I think we're out of road. Having said that, I would really like to see an
alternate funding source if that's possible. I would say that right now, for
example, if we did sewers and it was $800 million, that would not change our
operation and maintenance rates. That would be something that would be under
CIP, and that burden would have to be covered by all of the residents that pay
property taxes and that contribute to the General Fund.
We have the issue even now of the R-1 system. Right now, our debt service is
about $3 million a year for our SRF (State Revolving Fund) funds to the State.
And in three years when the R-1 system comes on, that's going to go up to about
$9 million. So, the issue exists today: how we're going to cover that. How we're
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Hawaii County Council-5 February 5,2019
going to pay these capital costs that everyone thinks are necessary is an issue. I
would like to see that addressed, and that is not going to be addressed by Bill 210.
This is simply to get our current systems up and maintained so that we don't have
Kamehameha Day breaks and raw sewage going out into Kailua Bay or that we
don't have an overflow because a pump station is too small somewhere.
Again, I understand the anguish. I understand the conflict that exists. I don't
have a good answer. All the answers that are come up with are going to be
uncomfortable for someone. And so, I defer. You folks all ran for office. So,
that's a hard decision to make. My job is easy. I'll spend whatever money I have.
CHR. CHUNG: Mr. Richards.
MS. DAVID: I appreciate
CHR. CHUNG: Oh, are you ?
MS. DAVID: No, wait, I'm not finished. I'm sorry.
CHR. CHUNG: Okay, go ahead.
MS. DAVID: Well, I intend to disagree. I think you've given us a lot of
information, a lot of useful and real information for us to consider. And
especially on the point that although it seems like people are going to be paying
that are on the system are paying for it, currently everyone pays because it's
coming out of our General Fund, which is funded by our real property taxes, our
tax base.
So, I really thank you because I agree we've got to do something for the long
haul. But right now, what's before us is, are we going to do something now or are
we going to wait for a possibility of getting the Legislature to expand our uses
given our discussion yesterday? We're not sure how that's going to turn out, and
I feel like I don't want to gamble with that possibility where there is already a lot
of things hanging on that in itself. I really think you've given, at least for us that
are trying to make a hard decision here, I think you've given us some justification
that I think I will be able to support and not defer this any longer. I thank you and
the Commission and also Mr. Richards for asking for any possible solutions other
than what's being brought before us. So, thank you, Director, and I yield.
CHR. CHUNG: Mr. Richards.
MR. RICHARDS: Thank you, Chair. Chair, we have Director Sako in the
audience. Can we bring her up and ask her about finances?
CHR. CHUNG: Sure.
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Hawaii County Council-5 February 5,2019
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning. Deanna Sako, Director of Finance.
MR. RICHARDS: Thanks, Deanna. I'm not sure if you're here for this or
whatever, but
MS. SAKO: Something else, but it's okay.
MR. RICHARDS: We're talking dollars. For bonding something, how much
room do we have in our ability to bond things for the County?
MS. SAKO: I didn't bring that with me. We still have some capacity. We're
very aware of upcoming sewer projects, including the R-1 system. So, we have
been trying to take that into account as we move forward. But I haven't run the
numbers quite yet.
MR. RICHARDS: Ballpark. And I realize this is on public testimony, but do you
have a sensing? Do we have a couple hundred million?
MS. SAKO: Maybe not quite that much, a little less.
MR. RICHARDS: Okay. So, in the ballpark, okay. At the risk of putting some
words in Councilwoman Lee Loy's mouth concerningI don't think we're
talking about deferring this. What we're doing is trying to seek a bigger solution
in the long run, and I don't think it's a long-term decision. I think it's a short-
term decision for a long-term solution. And so, I appreciate what all my
colleagues have said, but respectfully I disagree because I think we're talking
about trying to get a bigger answer, better.
I am keenly aware of what Director Kucharski is talking about. No sewer fee
increase since 2000, roughly. So, we're about 45 to 50 percenta dollar in the
year 2000; you need to be $1.45 because of our inflation rate at that point. So,
I'm keenly aware that your maintenance and repair budget has been impacted
with that. So, we do have to come up with a reasonably short-term answer for
you. But I'm not convinced that making a sewage waste increase at this point is
necessarily the right decision `cause I think we need to make a bigger decision but
very quickly, not defer, defer, defer.
So, I appreciate what you're talking about here, Bill and Deanna. I thank you for
your input on that. I do support deferring this just a little bit longer to see if we
can get a bigger answer for everything. Because, what I don't want to do is raise
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Hawaii County Council-5 February 5,2019
the fee and then come back and fix things again because we change, change,
change. And that's inefficient. So, I appreciate that, and I will support a deferral
but for a short period of time. I yield.
CHR. CHUNG: Okay. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Just a point of personal information. When
we have a motion to defer on the floor, where does that leave the conversation as
far as what we're asking of Bill?
CHR. CHUNG: Why don't we let the Clerk answer that?
MR. HENRICKS: Do I understand your question to mean,
Mr. Kaneali`i-Kleinfelder, the parameters for discussion because the motion is to
postpone to the call of the Chair?
MR. KANEALI`I-KLEINFELDER: Yes.
MR. HENRICKS: That's for you folks to decide. Essentially, you discuss what
you want to discuss. And if any member of the Council believes that it's outside
of those parameters, they can make a point of order and ask the Chair to rule on
that. But it should be germane to the concept of postponing this to the call of the
Chair, of course.
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. CHUNG: Let me make a comment and, if you don't mind, without
relinquishing the chair. Okay. Within the context of what Ms. Lee Loy had
motioned for and if it were approved, it would have been my inclination to not
unilaterally hold it with us `cause that would be unfair to all of you. Okay? It's
not a one-man-decision type of situation. And if three people, for example,
wanted it moved back onto the agenda, I would have done that, okay. Because, I
just think it's unfair. There's some idea that a motion like that would mean one
person can hold it in a black hole, and I would never ever do that to any of you.
But since I've heard four people already say that they're against this motion, I
would just ask Ms. Lee Loy to withdraw the motion and let's just move ahead
with this thing today. Is that okay?
MS. LEE LOY: Yeah, Chair. Yes, I would withdraw the motion.
Withdraw Motion to Ms. Lee Loy withdrew her motion to postpone Bill 210 to
Postpone: the call of the Chair. Mr. Richards withdrew his second.
CHR. CHUNG: Okay. Now, we're back to the main motion, I suppose. Could I
again relinquish the chair by still sitting here, Ms. Eoff? These are my thoughts.
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Hawaii County Council-5 February 5,2019
First of all, I wanted to address something that was a statement made by
Ms. Villegas. Very interesting. `Cause, I like politicians or elected officials who
can make tough decisions. I respect that. I admire that. But I think the analogy
of the family is a little misplaced. The County of Hawaii, as much as we'd like
to think it's a family, is not a family. Okay. When we do things with our
children, yeah, we have to exercise tough love.
But in my opinion, this matter, on the one hand it's about fiscal responsibility, but
I think the overriding principle for me is fairness. I stated on the record one time,
and it was quoted in the newspaper, I've never been gun-shy about voting for a
tax increase. I've supported every single tax increase that the Administration has
pitched over many years because I thought it was the responsible thing to do.
And when you talk about politics, not one person came here today to speak
against this. It might not be a big political issue. It's a matter of fairness. Who is
bearing the cost of keeping our waters clean? We're going to increase the cost to
the people who are on sewers, and we only have a small percentage of the
population that's on sewers. That's really tough for me to take, and it's not your
fault, Bill. It's just the system that we've developed over the many years.
Who has sewers in this? I think Ms. Poindexter, Ms. Villegas. You don't have
any? Okay. Mr. Kaneali`i-Kleinfelder doesn't have. Puna doesn't have any.
Right?
MS. VILLEGAS: Are you talking district or personal?
CHR. CHUNG: District.
MS. VILLEGAS: District, yeah.
CHR. CHUNG: You do, right?
MS. VILLEGAS: Yeah.
CHR. CHUNG: Okay. So, we have, I think, four members hereI don't think
they have any in Waimea either, right?
MR. RICHARDS: We do.
CHR. CHUNG: Oh, you guys do. So, three members. And I think it would be
the easiest thing for them to just vote in favor of something like this. But I think
they're also guided by principles of fairness as well. And that's all I've ever said.
If it passes, it passes. But this is not unlike the situation with the raises for
department heads, Council Members, the Mayor and such. People blew their
minds because it was such a big jump. We're going to double this thing in three
years. That's really tough for people who are bearing the burden of keeping our
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Hawaii County Council-5 February 5,2019
waters clean. So, make no mistake, this is not a political thing. It's all about
fairness, pure and simple. And that's where I stand. If we take a vote today, I'm
going to be voting "no." Thanks. Ms. Poindexter.
MS. POINDEXTER: I think it's really hard for us with sewers in our district to
vote for this. It would be easier for us to vote against it. But I take to heart what
Council Member Villegas had said and also what Council Member Lee Loy had
said. And it's just balance that I'm struggling with because I'm trying to work
where our community can get into some type of sewer system as well because we
went from gang cesspools.
I wish we went from gang cesspools to the regular sewer system, which it would
have made it easy because we got all those Federal dollars, right, to help us get off
of the gang cesspool. And now, we've dug our own cesspools. Now, we're
looking at the cost of septic tanks. So, even if we're not on a sewer system, for
me personally I'm looking at the cost of what it's going to be for me or for other
residents as well when we have to get into the whole septic tank situation. So,
we're going to be spending money. Then, do we address that at that time and say
everybody should help us pay for our septic tanks?
It's such a hard decision to make, but we've got to look ahead, too. We're
coming up with septic tanks soon that somebody's going to bear the cost. And
it's, right now, the residents. And then, we have the opportunity now to play
catch-up and do what we need to do at the present moment while we look at the
Clean Water State Revolving Fund, all the EPA (Environmental Protection
Agency), what EPA has to offer us to help with the situation.
So far, is it all loans or are there some grants that are out there, or only that
revolving loan fund? Are you aware of that?
MR. KUCHARSKI: Bill Kucharski, DEM. There are some grants. There's
actually a bill being heard today for a grant for design for Kealakehe for the R-1.
That's on water reuse. But there are generally—there are mechanisms where a
loan can be turned into a grant that we are reviewing.
The whole question of how to connect people that become newly accessible is
something of major issue that we're dealing with in Na`alehu and Pahala. Any
type of sewer extension is going to also require people to connect. And how
that's funded is an issue that's outside of this discussion but one that is going to
be another issue that's going to be facing how do we deal with this and all these
connections and upgrading our system in a way that is fair for the people or as
many of the people as they can be made fair. But we do look at grants. There just
are not a lot of grants. The grant monies from EPA: "Oh, it's only a couple of
billion. Here you go." Those days, I think we missed that train as a County.
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Hawaii County Council-5 February 5,2019
MS. POINDEXTER: What about the fines? The Department of Health issues a
lot of fines on the Clean Water Act. Is there any way that those fines can come
into the County? If it's fined to businesses and the County can, we take that
money and say, "Department of Health, give us the money from those fines so we
can put it into a special account to address these issues."
MR. KUCHARSKI: Bill Kucharski again. I would love to say that. Frankly,
I've not seen the State saying, "Here's money and we're not going to keep it."
It's very difficult to get anything out of the State in my
MS. POINDEXTER: That's what we're working on in Ookala, though, with the
Attorney General; getting those fines to address some of the issues through that
Clean Water Act, how it affected our community and how we use it. So, we're
working on that settlement. I would think that if we could do that as a County as
a whole, I think we could leverage that also. But just a thought. So, thank you,
Chair. I'll yield at this time.
CHR. CHUNG: Okay. Anyone else? Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Good morning, Bill.
MR. KUCHARSKI: Good morning, sir.
MR. KANEALI`I-KLEINFELDER: I'm a little unique as I have a business that
will be affected although my district itself sits outside of most of the sewer
facilitiesactually, all of the sewer facilities that we have. I'm looking at a
threefold increase at the end of the proposed fee schedule in three years. That's a
big number for my business.
I just want to take a minute to kind of dive a little bit deeper and say, on the other
hand, you're asking for something that we haven't done in 17 years, which is a
that's huge. If I hadn't adjusted my menu prices in 17 years, I mean, I think all of
us can understand that a burger nowadays is not the cost of a burger 17 years ago.
And we need to be painfully aware of that. That's our shortcoming as a County
of not increasing our rates somewhere along the line or even taking the time to
look at it. That's neither here nor there.
I also have a basic fundamental ask: Why is Bill having to come to us to ask for
money? Why isn't there just more of a flow from the General Fund to you, to
take care of the things that you need to get done? Why are you here kind of
going, "Hey, we need to increase fees,"when it could just be forthcoming from
the General Fund? And I may be out of line in saying that, but I just had that
thought of why aren't we at that level thinking about this, and am I totally off
topic?
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Hawaii County Council-5 February 5,2019
MR. KUCHARSKI: Bill Kucharski. To respond to that, as everyone's aware, the
County budget is a zero sum budget. If I take from somewhere, I have to—if I
add somewhere, I have to take from somewhere. Right now, coming up and
saying, "How do we reduce the budget, and how do we take our limited General
Fund and use it for important items," you do that by setting fees for the users of
those services that you provide.
We have tipping fees in Solid Waste to pay for operating the landfill. But we also
provide a significant amount of money to the residents by not charging the
residents any money for disposing of their solid waste. That all comes out of the
General Fund. But when we come in and say the General Fund iswe have a
deficit, we can't run a deficit, which means something has to get cut. And my
alternative is to eitherI don't know how to cut my services because they're
critical and, I mean, there are things I have to do. And if I do that and take from
the General Fund, I am saying something else is not going to get done. And so,
the choice was to try and get on a fee so that the users would pay for the services
provided. That's the only answer I can give as to why we don't just dip further
into the General Fund. This is my perspective on this.
MR. KANEALI`I-KLEINFELDER: I understand that. I just feel we've stated
again and again that we are one island, and our goal is to maintain clean waters
and to be a sparkling presentation to the rest of the world of how beautiful this
place can be. And yet, you're having problems keeping our coastlines clean
`cause you can't get the funding.
So, at a fundamental level, what are we doing to make sure that we are
maintaining our island when we're saying we're not willing to give the funds,
whether it comes from a sewer rate increase or from the General Fund itself,
which didn't sit with me right the last time? And the more I thought about it, the
more I realized that it comes from the General Fund, which is paid for by property
taxes which is paid for every taxpayer on this island. I hit a roadblock last time
thinking about this, and I finally realized what was bothering me so much about it.
MR. KUCHARSKI: Yes, sir, I understand fully the tradeoff that is being asked,
and I don't know what else to say. I understand the issue, and trying to save the
General Fund by having user fees was one alternative. We're always asked,
"What can you do to decrease the budget," and that means use of the General
Fund. So, this was a method to stop pulling General Fund monies out.
MR. KANEALI`I-KLEINFELDER: I have learned at this point that if it's a
matter of public safety, it becomes a forefront issue for the County Council. As a
matter of public safety, keeping our waters clean becomes a forefront for public
safety. I am for an increase. I'm scared of the three-year increase as a business
owner. If I was a customer of yours on a sewer system in my area, this would
worry me.
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Hawaii County Council-5 February 5,2019
At 17 years, I think we need to look at an increase that's not out of line. I think
you're in line. I think Rebecca kind of stated that is a hard place to come from to
support that, but I think it may be necessary. And is it everyone's problem? Yes.
Is it coming out of everyone's pocket already? Yes. Is it getting paid for by
people who are connected? Yes. I'm just kind of at a loss as far as where we are.
In my head, I can agree to do this, and I feel like we should. I yield.
CHR. CHUNG: Anybody else? Ms. Eoff, quickly.
MS. EOFF: Okay, thank you, yeah. The only thing that really hasn't been
stated—and someone came up to me after the newspaper article ran when we had
this discussion a couple of weeks ago—was that actually those people who had to
pay to have a cesspool put in or a septic tank also paid. So, nothing's really ever
completely fair to everybody, but I think at this point—well, I'd hate to see this
die today, though. Because if it does, we cannot bring it back up in this term.
Correct, Mr. Clerk?
MR. HENRICKS: Not in substantially the same form.
MS. EOFF: Okay, I'm not sure exactly what that means, but I would hate to see
us not be able to address this issue again in this term. So, I would support it
because of that. Although postponing it, Mr. Richards said something about not
too far into the future. But the thing is if we're going to postpone it because we're
looking at some other funding mechanisms through either GE surplus monies or
the ability to use it for that, that just doesn't seem like it could be anytime in the
near future.
Even if we had word that that flexibility was going to be given to us, that amount
of monies doesn't go into our budget for, I think Deanna stated till 2021, FY
(Fiscal Year) 2021-22, I think. So, I mean, we're looking too far out into the
future, where I think you're asking us for an immediate influx of money so you
can do maintenance on what's a currently existing major problem for our island
waters.
So, for me, I didn't know what Ms. Poindexter or Mr. Richards meant by a
postponement to a definite date, if that's next week, I mean, in two weeks or
exactly what. I mean, Ms. Lee Loy's was too far, was vague and left it too far, to
an unknown. So, I'm not really sure what to do here. It's just that I wanted to
state procedurally I was concerned that if we didn't adopt this and it failed today,
then we don't have the ability to bring it up in this term. So, I just wanted to put
that out there.
CHR. CHUNG: Okay, any—Ms. Lee Loy, go ahead.
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Hawaii County Council-5 February 5,2019
MS. LEE LOY: I'm just going to make this brief. We have a hammer and a nail
right now. We have a vehicle and an opportunity. Unless we put our heads
together and figure out a different play, `cause this "tax and spend" is not
working. We've got to get more innovative. So, if I'm going to have to vote
today, I'm going to vote "no"because I want to send a clear signal to the
Administration that this one play of"tax people so that we can get money" is not
going to work. We have to find other ways to do this.
And so, my motion to defer was to keep that pressure on. But if we're at the main
motion right now, I'm going to say "no." It doesn't keep the energy for people
putting their heads together and thinking of other alternatives. We spent a lot of
time last session looking at every single tax. And if this sends a signal to the
Administration to find a new way, this is what I plan to do: I'm going to say
"no." I yield.
CHR. CHUNG: Anyone else? If I may, and I agree with Ms. Lee Loy
100 percent. That was the beauty of her initial motion. But because it didn't
seem to have much support, we figured just drop it. But that would have enabled
all of us to really put our heads together. Because if you think about it, how many
people have really devoted a lot of time to this matter over the last several weeks
when we deferred it to a date certain? Probably, well, I didn't hear anything.
And it would have really put us to task to try to figure out innovative ways of
addressing this matter, perhaps getting a better handle on what the Legislature
might or might not do. I mean, it's very unlikely that they would provide
flexibility for something like this, but anything is possible.
I did make this comment that we had two really—and everybody, I know, is
trying their best at the Legislature. But I think, in the days ahead, you guys will
really find out what kind of work Ms. Lee Loy and Ms. Kierkiewicz, as well as
Mr. Kaneali`i-Kleinfelder, have been putting forth at the Legislature in terms of
various things. And I think that's going to become very apparent in a few days.
But if it passes, it passes. Unless I've totally missed or am unable to count
properly, I think this is going to pass today. But I really thought it would be
better to just try to put our heads together on more innovative methods. But
anyway, Ms. Villegas, go ahead.
MS. VILLEGAS: Sure, thank you. I just would like to say that in the last two
weeks, I have met with a number of different people because Kona has been
having some issues with the testing of the water quality. I met with
Cindi Punihaole from Kohala Center, and she's done a lot of work with
Mr. Kucharski and a number of the other members of the Environmental
Management Commission in trying to creatively come up with some solutions as
well as funding to collaboratively work with non-profit groups, with the Federal
government within the State, and then within the County. So, we're kind of
excited to be working on some of those projects.
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Hawaii County Council-5 February 5,2019
Something that was shared with me was an email that came from the senior
legislative assistant to Councilwoman Tulsi Gabbard from Mr. David Chun, and it
speaks of a Water Infrastructure Finance and Innovation Act program from the
EPA: "In both Fiscal Year 2016 and 2017, Congress provided $1.394 billion for
the Clean Water State Revolving Fund. And in Fiscal Year 2018, the
Consolidated Appropriations Act provided 1.694 billion for that same program."
So, in this email, they're talking about a tremendous amount of funds that have
been allocated to the Department of Health in the State of Hawaii. I'm currently
in the process of trying to identify how much of those funds are left, are they
appropriated annually.
The USDA (United States Department of Agriculture) RD (Rural Development)
Water and Waste Disposal Loan and Grant Program provides funding for drinking
water systems, sanitary sewage disposal, sanitary solid waste disposal, and
stormwater drainage to households and businesses in eligible rural areas. Eligible
applicants are those who are not able to obtain commercial credit on reasonable
terms. Eligible applicants include State and local government entities, private
nonprofits, and federally recognized tribes. The funds may be used to finance the
acquisition, construction, or improvement of drinking water sourcing, treatment,
storage, and distribution; sewer collection, transmission, treatment, and disposal;
solid waste collection, disposal, and closure; and stormwater collection,
transmission, and disposal.
So, there are some opportunities here that I think are really exciting for our
County. However, as is often the case in government, things take longer to
identify where the monies are and then we need to—something I'd like to work
on is finding a grant writer so we can identify these sources of potential funding.
However,just on the broader spectrum, it doesn't change the issue that the
Administration is facing here, which is how to pay for what needs to be paid for
so we don't keep tapping our General Fund for these fees. So, I just wanted to
include that and let you know that I am trying to do some due diligence here and
find some other bigger broader solutions for funding that would kind of change
the playing field and provide us with bigger solutions. Mahalo.
CHR. CHUNG: I appreciate that, but to me everything you said just speaks
towards the need for a deferral, really, to explore more ways of doing things. But
anyway, we have a motion on the floor. Mr. Richards, go ahead.
MR. RICHARDS: Clerk—thank you, Chair—may I make another motion at this
point?
MR. HENRICKS: You don't need my permission.
MR. RICHARDS: Okay. Chair?
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Hawaii County Council-5 February 5,2019
CHR. CHUNG: Go ahead.
Motion to Postpone: MR. RICHARDS: I'd like to move to defer this to March 28 so we have a firm
(Failed Due to Lack date `cause I think we should do that.
of a Second)
CHR. CHUNG: Mr. Richards, before I ask for a second on that, this is the, what,
second or third time this thing has come up, right? Because, we've entertained a
motion to defer to a date certain, and therein lies the problem. That's all I'm
saying. What has been accomplished in tweaking this matter, not in terms of
getting more information, but tweaking this matter over the many times we've
deferred it?
If we just defer it to a call of the Chair and if three people say, "Move it ahead,"
then I'll move it ahead. But I don't see the need for these periodic revisits of this
matter. It's either "yes" or"no" already at this point, unless you want to make it
at the call of the Chair. I will respect the wishes of this body. Any three people
come and tell me they want it back on the agenda because they've come up with
new information, I'll do it even if it's in March. I have no problem with that. It's
not my intention to hold this thing forever.
MR. RICHARDS: Correct.
CHR. CHUNG: But if you guys want more time, do it that way. If we're going
to just keep on bringing this up every month or so, let's just dispense with the
matter today
MR. RICHARDS: Okay.
CHR. CHUNG: One way or the other. It looks like it's going to pass. Thank
you. Any further discussion? Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'm sorry, Chair. I think what we're getting
at is we want to be done with this in one way or another, and I feel the same way.
I'm a little bit hesitant being that there may be other options for us to use. I'm a
little bit fresh here as far as what the best way to go about this is, but I feel like we
need to make a very educated decision and yet move this along and get it done in
one way or another. I'm sorry I don't have more for you, but I can feel that. I
hope we can come to a conclusion, maybe a very goal-oriented conclusion with a
set date that may be at the call of the Chair or whenever it may be. I'd just like to
get there today.
CHR. CHUNG: Let me say something again. I have no problem with a deferral
and I think, from what I hear, at least a majority of the members here would like
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Hawaii County Council-5 February 5,2019
more time. What they found objectionable was the idea of having it at the call of
the Chair. But what I find objectionable is to keep on revisiting this thing in
periodic increments and really being at the same place all the time.
I would hate to ask Ms. Lee Loy to resurrect her motion, but if you can just give
me some guidelines as to what would trigger this to come back. I have no
problem, and I'll honor the wishes of this body. But I just, as I've said, I want to
reiterate this: This is the third time this has come here and we haven't tweaked it
at all. We just get back to the same discussion all the time. So, I don't want to
get into that pitfall. Any ideas? Ms. Poindexter, please.
MS. POINDEXTER: It's a tough one. I hear you, Matt, on how tough it is to
figure this out. I'm struggling because I heard Council Member Villegas give a
good explanation on short-term, long-term. We seem to be mixing the short-term,
long-term. If we're dealing with the short-term, I'm ready to vote and I'm ready
to vote "yes." I think that's what we're dealing with. And will something else
come before us to talk about long-term solutions, I would ask the department
I'm not asking you to come up now—to think about that. `Cause if we're going
to make a decision on the short-term right now, I don't need to support a deferral
or postponement. And I think that's what I'm seeing. This is the short-term, and
we've got to work on the long-term. So, I'm still kind of fidgety on this, but
thank you, Chair.
CHR. CHUNG: Ms. Eoff
MS. EOFF: Thank you. Yes, that's true and I think anymore postponement to a
date that's in the near term won't really provide us much more additional funding
information. You've come here and told us we are in an emergency just for
maintenance. We're leaking, we're infiltrating and all of that. So, I think what
the thing, to me, is if it dies today, we've kind of lost chances to do something in
the near term, this term. And if we pass this today, it still has one more reading.
So, I don't know if, Mr. Kaneali`i-Kleinfelder, if that helps any, but there would
still be one more reading. At second reading, we'll have that option to look again,
and I don't know if any new information would surface. But right now, a bill at
first reading either dies or moves to second reading dependent on our vote.
So, the near term and long-term, those are things we do need to keep in mind
here. And I'm feeling like this is an emergency for maintenance that you're
asking for in the near term, and the long-term is some of the solutions
Ms. Lee Loy is looking for in finding a way to put more of our island on a sewer
system, which is big bucks. Ms. Villegas has some information on funds through
grants for that, too. So, I don't think we should ever drop this conversation. We
do need to look at a long-term approach because more of our island does need to
be sewered. We all know that. Septic systems are not even really that great of an
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Hawaii County Council-5 February 5,2019
alternative to cesspools. So, I think we've learned a lot from you, Mr. Kucharski,
and just from this discussion, but that's the only thing I just wanted to clarify as
far as opportunities here. We do have one more reading.
CHR. CHUNG: Right. And I think therein lies some of the philosophical
differences we may have. Because, unlike Ms. Poindexter, I don't think you can
divorce the short-term from the long-term. You have to have a long-term game
plan in place before we can make these short-term decisions, in my opinion. And
that would integrate some of the concepts or ideas brought up by Ms. Villegas.
You could bring that all into play and then you can kind of sort things out. That's
my thought, though. But I still wanted to get some ideas about this deferral
concept from each of you. I mean, if we go that route, before I ask Ms. Lee Loy
to possibly resurrect, whether she's so inclined to do it, or any kind of deferral
method, I want to know what the thoughts are in deferring, what would trigger it
coming back. Any thoughts? Oh, Mr. Kaneali`i-Kleinfelder. I'm sorry. I'm so
sorry. He's so polite.
MR. KANEALI`I-KLEINFELDER: I did call Bill. I talked to Bill a little bit, and
I asked for a five-year breakdown. It's a little bit more palatable for me as a
business owner. I asked him to come ready with something in regards to that, but
it looks like the Environmental Management Commission kind of said it's a wash
one way or the other, and they'd like to see the three-year implemented. I,
personally, would like to see the five-year plan looked at. And I know it's been
brought up before, but that's something that I wanted.
I like what Bill has said, too, about a percentage or a fee or something that's
worked in somewhere that is provided strictly for the use of environmental
management for something as important as keeping our sewers up to date, our
sewer systems working, our facilities up to date and working well, and just find a
way of incorporating that into this piece of paper in front of us.
MR. KUCHARSKI: Bill Kucharski, DEM. We did look at the five-year, and
there are slight differences. We take another 3 to $4 million out of the General
Fund over the five years than we would in the three years. That's something that
we can live with. That's something that we can make work. Essentially, what
happens when we defer is that we just take more General Fund monies, and
that's—the budget comes up. The Council is going to be approving or
disapproving the budget, and that's the authority that you have. For us, I would
take a five-year over a no-year.
MR. KANEALI`I-KLEINFELDER: That would be some changes I would like to
look at, if we were going to defer this just for the idea of coming up with solutions
to make this happen and yet clean it up a little bit or add things in that need to be
added that make us all happy. It's hard because we have to have conversations
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Hawaii County Council-5 February 5,2019
like this, which can be not as conducive as we'd like them to be except here we
are and this is how we have to do it. So, those are some suggestions I have for the
Council.
CHR. CHUNG: Are you willing to perhaps prepare an amendment in that regard?
MR. KANEALI`I-KLEINFELDER: I would need a little bit of help with that but
yes.
CHR. CHUNG: Okay, yeah. But at least now we have something in motion.
Right? Ms. David.
MS. DAVID: Thank you. Thank you, Chair, and thank you,
Mr. Kaneali`i-Kleinfelder. I think as we look for solutions and given the fact that
although I appreciate Ms. Lee Loy's suggestion that we come up with some
innovative ways of resolving this, we're still stuck with our Sunshine Law and
whether we can actually sit down as a group and figure this out. And I think we
have to do it in open session like this. That's why I appreciate
Mr. Kaneali`i-Kleinfelder's suggestion and also the Director's willingness to
consider that as opposed to nothing. I don't want nothing either because I know
that doesn't help you or your department. So, I would love to see that amendment
come forward, and I think that's a fair suggestion. And thank you. I yield.
CHR. CHUNG: Mr. Clerk, what happens if this measure fails today? Is it dead,
or does it go forward?
MR. HENRICKS: If there are not sufficient affirmative votes, then Bill 210
would be defeated.
CHR. CHUNG: Okay. If you guys don't mind, could I just have an informal poll
as to how many people want to move this thing forward to a final reading?
MS. KIERKIEWICZ: (Inaudible).
CHR. CHUNG: Well, at least it's still alive, and we'd move it ahead.
Mr. Kaneali`i-Kleinfelder can still tweak it. That means it would take a little
longer, but at least we're not deferring it, we're not killing it. Why don't weI
mean, Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. Which goes back to what I initiated with
Mr. Kucharski was I thought we would get back a boutique of options, including
the five-year plan that would have been vetted by the Department of
Environmental Management. `Cause, any changes would have to go back down
to that Commission and get a positive or negative recommendation. I was
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Hawaii County Council-5 February 5,2019
actually trying to short-circuit that when I asked for those options. But I'm going
to stand byI'm going to vote"no." `Cause, this is where I created the space and
held the space for all of those innovative options, including a five-year plan.
And I get that the department didn't like that option, but that's what should have
come back to us for us to decide. So, however we move forward, please keep that
in mind. Whatever amendments we make would have to go back down to the
Environmental Management Commission and then come back up for us to decide.
This one's—it's not about courage. It's about putting together a system that
actually translates into the change. I yield. Thank you.
CHR. CHUNG: Okay. Ms. Eoff
MS. EOFF: Question, Mr. Clerk. So, in the letter, I'm not sure if it's mandatory
that we would send it back to the Commission if we were to amend the three-year
schedule to a five-year schedule. They did, in their letter back to us, their last
paragraph says that "extending the fee increases over a five-year period may on
first blush seem fair and harmless. However, we advise the County to move
forward to enhance sewer efficiency sooner rather than later. We further suggest
a funding mechanism be explored to include all residents and visitors to support
sewer operations that protect health, the oceans, property values, and the
economy."
I know I've asked this question before regarding some things that may or may not
have had to go back to the Planning Commission with amendments that we may
make. How would we determine whether changing that three-year to a five-year
rate increase would be considered? Is that something that has to go back to the
Commission, or can we do that? And they've already given us their opinion here.
MR. HENRICKS: An interpretation of the County Code's requirements under
2-207 would not be mine to make. It would be up to the Council to make that
interpretation and perhaps seeking guidance from the Corporation Counsel as to
whether or not an amended version of the bill needs to be recommitted to the
Environmental Management Commission for its further consideration. It's not for
me to say. It's for the Council to make that determination and if it so decides to
seek guidance from Corporation Counsel when making that determination.
MS. EOFF: And so, I guess—well, either way. Some of them don't take that
long to get a bill back to the Commission. Do you have any comments on that,
Mr. Kucharski?
MR. KUCHARSKI: My comment is that, for Ms. Lee Loy, we did bring those
back and we did discuss and we do have the breakout. Amending this bill from a
three- to five-year is simply going to be changing dates. The numbers don't
change. When they become effective from 2020 to 2021 and 2021 to 2023
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Hawaii County Council-5 February 5,2019
essentially are the only changes that would be necessary to modify the ordinance
because nothing changes but when the effective date comes for the second and
third increase. So, I think it would be, in my opinion, a reasonably simple task to
make that modification.
I think that the Commission has already viewed the five-year, and I'm not
Corporation Counsel but for me I don't think the Commission would come back
with any other answer other than we don't this is not the best option. But I
think they would still be for the increase. I can't speak for them, but the text of
the letter indicates that's not their first choice but it's not a"no." That's my
opinion of that.
MS. EOFF: Thank you.
CHR. CHUNG: Anyway, we have a motion on the floor. All those in favor, say
Ic aye.
MS. VILLEGAS: What motion?
CHR. CHUNG: Our main motion.
MS. VILLEGAS: Okay, sorry.
CHR. CHUNG: Why don't we do this by roll call?
MR. HENRICKS: Certainly.
Vote on Bill 210: The motion to pass Bill 210 on first reading and adopt
(Approved) Finance Committee Report No. 5 was carried by the
following roll call vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Poindexter, Villegas, and Chair Chung—7.
Noes: Council Members Lee Loy and Richards —2.
Absent: None.
Excused: None.
CHR. CHUNG: Okay. Let's move on quickly. All right?
Page 35
Hawaii County Council-5 February 5,2019
Bill 12: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Contribution from Private Source account
($170,355); and appropriates the same to the 2018 Lava Disaster Relief-Private
account. Funds would be used to help offset costs incurred relating to the 2018
lava disaster in the lower Puna region.
Reference: Comm. 52
Intr. by: Ms. David (B/R)
Approve: FC-11
(Note: Comm. 52.1 from Council Member Sue Lee Loy, dated January 31, 2019,
transmitting proposed amendments to Bill 12, was circulated. Comm. 52.2 from
Council Member Ashley L. Kierkiewicz, dated February 5, 2019, transmitting
proposed amendments to Bill 12, was also circulated.)
Motion to Approve: Ms. David moved to pass Bill 12 on first reading and adopt
Finance Committee Report No. 11. Seconded by
Ms. Lee Loy.
CHR. CHUNG: Discussion?
MS. LEE LOY: Chair?
CHR. CHUNG: Yes, Ms. Lee Loy.
MS. LEE LOY: Thank you. We have a communication in our folders, and I had
anticipated moving Communication 52.1 but I see Ms. Kierkiewicz actually has
built upon that communication and come up with another proposed amendment.
So, I think it's prudent at this point that maybe Ms. Kierkiewicz take the lead with
amending this bill, and I yield at this time.
MS. KIERKIEWICZ: Chair, if I may?
CHR. CHUNG: Yes.
MS. KIERKIEWICZ: As you know, Ms. Lee Loy and I have been meeting with
the recovery team, specifically Diane Ley. Oh, I'm sorry. Motion to amend
Bill 12 with Communication 52.2.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 12 with the contents
of Comm. 52.2. Seconded by Ms. Lee Loy.
CHR. CHUNG: Go ahead.
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Hawaii County Council-5 February 5,2019
MS. KIERKIEWICZ: So, Ms. Lee Loy and I have been in close communication
with the recovery team and specifically what we can do to provide immediate
relief to the Puna community. And so, the communication that I have before you
is built upon what Ms. Lee Loy had created. The original intent was for me to
swap out the Exhibit A for an updated list, but at the suggestion of the Clerk, he
asked that we just introduce a completely new communication. So, I do want the
Council and I want everyone to know that it was the good work of Ms. Lee Loy
starting this effort to amend the bill that we have this communication before you.
And I do want to say and thank Finance Director Sako and Corp. Counsel
Joe Kamelamela for working with us on this. I mean, originally the discussion
was around simply submitting a communication, a list of things that would be
nice to have for the community. But I'm hearing from the community that they
don't want anymore lip service. They want to see some action taken. And so, by
amending the bill and attaching this exhibit, we've identified projects that we
believe would make an immediate impact on the Puna community.
So, I want to thank you, Director Sako, for working with the Administration to
allow us to do this. We were going to do it anyway, but we want to be working in
a collaborative way and show the community that the Council and Administration
can work together, that we're listening to the community and we seriously want to
make sure that we're spending this money down and we're being accountable.
This also shows the Legislature that we can identify meaningful projects that
uplift the community.
So, I'm going to take the Council Members through this list. It's quite short, but
we all know that $170,000 is a drop in the bucket when you think about people
wanting to get back home. However, having said that, I do want to allocate
$50,000 to emergency roads recovery, whatever that may look like. So, working
with the Department of Public Works to make that happen. And I know that
funding is being lined up right now. We're just looking at the legality of it. It's
very possible that we can tap into the money that's been given to the County by
the Governor. So, lots of headway being made on that front.
With regards to money for the Department of Research and Development,
$50,725. Majority of this, I'm envisioning $45,000 be used to support our
farmers. We don't talk about them enough. Many of them have lost everything,
yet despite all of that, they're willing to step up to the plate and do it all over
again. Imagine that. You lose all of your crops, everything that you've worked
decades for, and you're like, "You know what? Shoots. I'll go again." That is
amazing, and we need to support them.
I reached out to the Kohala Center to see if there is a way that they could work
with the County to administer a series of micro-grants to farmers that are looking
to restart. Things like fencing their property so that pigs don't come and ravage
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Hawaii County Council-5 February 5,2019
their crops. Sometimes they might need some equipment. This is just a small
amount of money, but I think it could go a long way in helping a farmer get back
on track.
As we know, the Hawaii Board of Geographic Names is putting together a
permitted interaction group that includes three board members and several
residents of Hawaii Island. We want to support this effort. So, any type of
public outreach that the PIG (Permitted Interaction Group)is going to be doing,
we can use some of those funds to assist in that.
We've also identified a need for temporary interpretive signage and banners.
What does that mean? Well, when people are cruising down that new road to
Pohoiki, we want to make sure they know what they're looking at and to approach
the place with right intention and be cognizant of the fact that they are still in a
community and so should have respect.
Money allocated for parks and recreation, $51,467. A lot of this money will be
spent at Pohoiki and on our Puna keiki who have suffered so much. Last year,
they lost their summer. They lost their pool, they lost their park, and they lost
their surf spot. I'm hoping that these funds can be used to create some good
memories this year. And I think we can.
So, for Pohoiki, we know that we need to increase the amount of days in which
the port-a-potties are cleaned out given the heavy traffic to the area. So,
allocating money for that. We need money. We need standby emergency water
while Parks and Rec. and Water Supply work with a private landowner that has a
well that we could potentially tap into and bring non-potable water to existing
infrastructure like bathrooms and showers. But until we get to that point, we still
want Pohoiki to be safe and to allow people to rinse off So, we have emergency
standby water allocated here. And knowing that the Uncle Boogie surf match is
coming up in a couple of months, we certainly want to have this in place before
then.
Outdoor signage throughout Pohoiki to highlight what has happened there. A lot
of times people come through that place, and they have no idea what they're
looking at. They don't know what existed before these lava walls. If we can have
signage that would allow for a guided tour around Pohoiki, I think that will create
for a more meaningful experience for visitors but it also serves as a reminder of
what we once had.
Money for the Pahoa Aquatic Center, and this is something that Ms. Lee Loy
brought up, the need for lane lines in the pool—Chair, if I may?
CHR. CHUNG: Yeah.
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Hawaii County Council-5 February 5,2019
MS. KIERKIEWICZ: Indulge me in a few more minutes. Thank you.
CHR. CHUNG: Sure.
MS. KIERKIEWICZ: Recreational activities for our keiki. Vouchers for
Summer Fun programs so that moms and dads, aunties and uncles, grandmas and
grandpas can go to work and ensure that their children have a safe place to be
during the summer. Also, entertaining daylong cultural enrichment programs and
vouchers throughout the year. We don't want this to be a one-time thing. We
want to make sure that we are giving our kids meaningful experiences throughout
the year.
And one thing that Ms. Lee Loy was really excited about, Easter egg hunts. We
can do this for our kids in Pahoa and Volcano. There is an Easter egg hunt that
happens in Hilo at the tennis stadium. More than 10,000 eggs are hidden, and we
have so many different communities accessing that resource. Let's bring the fun
to the kids in their communities.
And finally, we want to make sure that we are taking care of our seniors for the
various senior centers throughout Puna, increasing transportation services, making
sure they have the recreational equipment they need, activities, tables, and chairs.
Mr. Richards pointed out to me this doesn't add up to $170,000. I'm very well
aware even though I'm not a math major. We have a little bit of money in place
because I've reached out to Leilani Estates, and I have some feelers out in that
community to see what are some ways we can lift up the community of
Leilani Estates. And so, there will likely be an amendment to this exhibit, but I
did want to offer up to the Council the work that Ms. Lee Loy and I have put into
this and get your thoughts. Ms. David, I'm certainly open to hearing if there are
things that we can do to help the Volcano community with some of this because
they certainly were impacted by the eruption. So, thank you, all, for your
consideration.
CHR. CHUNG: Well, you certainly are awesome, I have to say. Ms. David.
MS. DAVID: Yes, thank you. I'd like to thank both of you, Ms. Lee Loy and
Ms. Kierkiewicz, for doing this. And in Volcano, I am in fact planning to give
them funding for the people and families that were laid off during the Federal
layoff. And so, thank you for the offer. I'm sure the Cooper Center Association
will appreciate anything that we can give them. Thank you very much.
CHR. CHUNG: Mr. Richards.
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Hawaii County Council-5 February 5,2019
MR. RICHARDS: Thank you, Chair. I have to commend Ms. Kierkiewicz on
this, and I'm very intrigued by the micro-grant option. This is something we
discussed several months ago, maybe even longer. The problem with agriculture
is it's a very long turnaround.
And springboarding off of what Ms. Kierkiewicz said, the reason people are in
agriculture is `cause we're a little bit different and we just don't give up. I think
we need to be mindful of that as a County and help these groups of people that
want to go and stay in agriculture. If we don't help them with a little bit of
cashflow during the rough time, we're going to lose them anyway just `cause they
can't afford to do it. So, I like this concept.
And in thinking about it, I thought we have a grant-in-aid program here in the
County. What if we consider doing a special one that is specifically targeted to
agriculture in the greater eruption affected area? So, I just throw that as
something to ponder for the group. But I really like this concept of getting the
dollars where we need to get it, and get it soon `cause that's what we need to do.
I yield.
CHR. CHUNG: Okay, anyone else? Ms. Eoff.
MS. EOFF: I'd just like to congratulate Ms. Kierkiewicz and Ms. Lee Loy for
taking the initiative to detail out a list like this. It's really helpful, and I think it
does bind the Administration to follow through on the things that you, who know
best, are determining is important to the community. I think this is really helpful.
Thank you.
CHR. CHUNG: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is wonderful. I thank you guys for all
your work on this. I want to know if we can break this Exhibit A final, or are we
going to break this down into more of a detailed list of where these things are
going so it's not too vague with large dollar amounts, and then really incorporate
Volcano's needs into this as well or, if this is a set document, how that works.
MS. KIERKIEWICZ: Chair, if I may?
CHR. CHUNG: Yes.
MS. KIERKIEWICZ: The original exhibit that we submitted to Corp. Counsel
and to Finance Director Sako had a breakdown for each of these activities.
However, we will get into an issue if, say, we've allocated $2,000 for aquatic
center equipment and it costs $2,100. They would need to come back to the
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Hawaii County Council-5 February 5,2019
Council to amend the bill. So, we've provided for the departments a breakdown,
but we are awarding the departments a lump sum to give them a bit of wiggle
room in the even that things cost less or more.
So, we detailed it for the departments, and I do also want to mention that we are
offering up an amendment to say if any of the money is not spent in its entirety, it
will go back into this private account's fund. That way, we can identify further
projects to help our community. I'd like to think we've thought of everything but
maybe not. And I just have to say it really is a pleasure to work with
Ms. Lee Loy. She's a can-do kind of person, as am L I really take heart in that
and the fact that we're always looking to find ways to help our community.
CHR. CHUNG: Anyone else? I wanted to echo some of the sentiments of our
colleagues in thanking the two of you and recognizing, I know we've referenced
this before, about the efforts that the two of you, among others, are putting forth at
the Legislature. But I'm going to tell you guys publicly and I didn't actually tell
you guys this earlier, but I've been getting calls from both our delegation, some
members of our delegation as well and perhaps just as importantly members,
leadership people from both houses and they are not just impressed but truly
appreciative of the involvement that the two of you have been putting forth on this
matter. So, thank you very much. Okay, we have a motion on the floor. All
those in favor, say "aye."
MS. LEE LOY: Chair?
CHR. CHUNG: Yes, go ahead.
MS. LEE LOY: It's been amazing to work alongside Ms. Kierkiewicz. But with
all of this feel good stuff, I think it demonstrates our abilities as a body to take
control of the opportunity and direct how these funds go, which is why I'm just
really pleased at the amendment that really offers up the exhibit but, more
importantly, that any funds gets returned back. I think that's really critical in
demonstrating, Mr. Chung, to all of our leaders and the respective leadership. I
just hope that this can become a model going forward on any future legislation
that we as a body pass. And I just want to walls back to when we organized as a
Council, it was about partnering different skillsets and reaching the goal of
touching our keiki, our kupuna. And I'm just really excited about this. So, thank
you.
CHR. CHUNG: Thank you. Anyone else? Okay, we have a motion on the floor.
All those in favor, say "aye."
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Hawaii County Council-5 February 5,2019
Vote on Motion to The motion to amend Bill 12 with the contents of
Amend: Comm. 52.2 was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried.
Vote on Bill 12: The motion to pass Bill 12, as amended to Draft 2, on first
Draft 2 reading and adopt Finance Committee Report No. 11 was
(Approved) carried by the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried.
Bill 20: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE
IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF
$1,500,000 OF GENERAL OBLIGATION BONDS OF THE COUNTY OF
HAWAII FOR THE PURPOSE OF FINANCING THE LANIHAU
WASTEWATER PUMP STATION FORCE MAIN REPLACEMENT
Funds would be used to replace a 677-foot section to avoid additional pipe
failures and would be repaid by the County over a 20-year term through the
issuance of General Obligation Bonds.
Reference: Comm. 84
Intr. by: Ms. David (B/R)
Waived: FC
Relinquish Chair: ACTING CHR. EOFF: Mr. Chung has left for a minute, so I'll assume the Chair.
Page 42
Hawaii County Council-5 February 5,2019
Motion to Approve: Ms. David moved to pass Bill 20 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion? Ms. David.
MS. DAVID: Yes, thank you. Well, I believe Mr. Kucharski is here if we have
questions. But I understand this was asked to be waived because time was of the
essence in getting this funding. So, Director, if you could just explain the rush.
Thank you.
(Note: At this time, Environmental Management Director William
Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: Thank you. Bill Kucharski, Director of DEM. The rush on
this is to get the funds in place so that this repair in Downtown Kona can be done
before the summer rush. I would point out that this is going into SRF funds,
which we borrow at low interest. However, the design and the management of
this project is done with our O&M (Operation and Maintenance) cost, our
operating cost. So, the people that are managing this are not covered by SRF
funds, but the capital expenditure is. So, there is that split just to point out. But
the rush is to get this in and funded and out for bid so that it can be completed
before the summer.
MS. DAVID: Thank you very much. I yield.
ACTING CHR. EOFF: Okay, thank you. Thank you for the explanation. Any
other questions, comments? Seeing none, all in favor please say "aye."
Vote on Bill 20: The motion to pass Bill 20 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
ACTING CHR. EOFF: Bill 20 moves to second reading.
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Hawaii County Council-5 February 5,2019
Bill 21: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Amends the project name and increases the Environmental Management Lanihau
Wastewater Pump Station Force Main Replacement—State Revolving Fund
(SRF)project by $400,000, for a total SRF appropriation of$1.5 million. Funds
for this project shall be provided from State Revolving Fund and would be used to
replace a 677-foot section of the force main to avoid additional pipe failures.
Reference: Comm. 85
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. David moved to pass Bill 21 on first reading.
Seconded by Mr. Richards.
MS. DAVID: I believe, based on what Director just said, I think I'd just ask for
your support to expedite this request. Thank you.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
Vote on Bill 21: The motion to pass Bill 21 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 21 moves to second reading.
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Page 44
Hawaii County Council-5 February 5,2019
Bill 2: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants-DCCA—HI-WiFi Pilot account
($100,000); and appropriates the same to the DCCA—HI-WiFi Pilot account.
Funds would be used to increase access to affordable internet and broadband
services in unserved and underserved areas in Hawaii County.
Reference: Comm. 14
Intr. by: Ms. David (B/R)
First Reading: January 23, 2019
Vote on Bill 2: Ms. David moved to pass Bill on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
ACTING CHR. EOFF: Bill is adopted.
Bill 3: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Increases revenues in the State Grants —Commercial Driver's License Program
account ($1,759); and appropriates the same to the Commercial Driver's License
Program Other Current Expenses account. Funds would be used by the Finance
Department's Vehicle Registration and Licensing Division for travel costs to send
a County Commercial Driver's License instructor to Honolulu to instruct a
Commercial Driver's License Examiner class and gain experience with testing
protocols.
Reference: Comm. 15
Intr. by: Ms. David (B/R)
First Reading: January 23, 2019
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Hawaii County Council-5 February 5,2019
Vote on Bill 3: Ms. David moved to pass Bill on second and final
(Adopted) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries and Bill is adopted.
Bill 4: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Adds the Public Works Dispatch Center project for $500,000 to the Capital
Budget. Funds for this project shall be provided from the General Obligation
Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. The new Fire
and Police Dispatch Center would be located at Mohouli Street in Hilo.
Reference: Comm. 16
Intr. by: Ms. David (B/R)
First Reading: January 23, 2019
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 4: Ms. David moved to pass Bill on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill is adopted.
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Hawaii County Council-5 February 5,2019
Bill 7: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Adds the Public Works Alii Drive Culvert Replacement—Fair Share project for
$2.2 million to the Capital Budget. Funds for this project shall be provided from
Fair Share Contributions. Funds would account for the County's 20 percent portion
of costs, with remaining funding provided by Federal Highway Administration.
Reference: Comm. 44
Intr. by: Ms. Villegas (B/R)
First Reading: January 23, 2019
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 7: Ms. Villegas moved to pass Bill on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries and Bill is adopted.
Bill 13: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Increases revenues in the Federal Grants —Traffic Safety Training Project account
($3,228); and appropriates the same to the Traffic Safety Training Project
account, for a total appropriation of$143,228. Funds would be used to pay for a
representative of the Office of the Prosecuting Attorney to attend traffic safety
meetings and provide traffic safety training for law enforcement personnel.
Reference: Comm. 60
Intr. by: Ms. David (B/R)
First Reading: January 23, 2019
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Hawaii County Council-5 February 5,2019
Vote on Bill 13: Ms. David moved to pass Bill 13 on second and final
(Adopted) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries and Bill 13 is adopted.
Bill 14: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Federal Grants —Hawai`i Criminal Justice Center-
Overdue Dispositions account ($7,000); and appropriates the same to the Hawaii
Criminal Justice Center-Overdue Dispositions account. Funds would be used to
reimburse overtime costs incurred by staff of the Office of the Prosecuting
Attorney while they research cases with overdue dispositions identified by the
HCJDC.
Reference: Comm. 61
Intr. by: Ms. David (B/R)
First Reading: January 23, 2019
Vote on Bill 14: Ms. David moved to pass Bill 14 on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 14 is adopted.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
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Hawaii County Council-5 February 5,2019
PSC-5 NOMINATION OF THOMAS BROWN TO THE POLICE COMMISSION
(Comm. 51):
Requires Council
Confirmation by: February 16, 2019 (Section 13-4(1),
Hawaii County Charter)
Vote on PSC-5: Mr. Richards moved to adopt Public Safety Committee
(Adopted) Report No. 5. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There were none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 11:16 a.m., Ms. David moved to adjourn the
MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawai`i County Council-5 February 5,2019
ACTING CHR. EOFF: We are adjourned. Thank you very much, Council
Members.
Council Approval: MAR 1 3 2019
COUNTY CLERK
JH/dg
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