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HomeMy WebLinkAboutMIN AWEEMC 2019/07/23 2018-2020Committee on Agriculture, Water, Energy, and Environmental Management 6th Session West Hawaii Civic Center 74-5044 Ane Keohokaloele Highway, Building A Kailua-Kona, Hawaii July 23, 2019 CALL TO The regular meeting of the Committee on Agriculture, Water, Energy, ORDER: and Environmental Management was called to order at 10:04 a.m., in the Council Chambers, Kailua-Kona, by Mr. Herbert M. "Tim" Richards, III, Chair. ROLL CALL: Present: Mr. Herbert M. "Tim" Richards, III, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Ms. Maile Medeiros David, Member Ms. Karen Eoff, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Aaron S. Y. Chung, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Jon Olson: Bill 88 (Comm. 353); and Comm. 361; in support. Abraham Sadegh: Comm. 361, in support. CHR. RICHARDS: Thank you, Abraham. I'll take a quick lap around all the remote sites, is there anybody that's come in and want to do public testimony at this point? If so, if the sites could speak up. Not hearing anything and not seeing anything, I'm going to close public testimony. Thank you. Clerk, if you could read in Communication 361, please. AWEEMC-6 July 23, 2019 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 361: REQUESTS FORMATION OF AN AD HOC COMMITTEE TO INVESTIGATE THE IMPLEMENTATION OF ELECTRIC AND ZERO EMISSION BUSES FOR THE MASS TRANSIT AGENCY From Council Member Herbert M. "Tim" Richards III, dated July 8, 2019. CHR. RICHARDS: At this point, I'd like to turn the chair over to my Vice Chair Kaneali`i-Kleinfelder. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Kaneali`i-Kleinfelder. ACTING CHR KANEALI`I-KLEINFELDER: Aloha. Let the record reflect that I have assumed the chair. And I would like a motion to forward Communication 361. Motion to Close File: Mr. Richards moved to close file on Comm. 361. Seconded by Ms. Kierkiewicz. ACTING CHR KANEALI`I-KLEINFELDER: Tim, would you please lead the conversation. MR. RICHARDS: Thank you. Thank you, Chair. This has been a working process, and I mean this is actually kind of fun that we're actually coming up from different angles. My thoughts and my interest in this, is to put together a working group. Mr. Kaneali`i-Kleinfelder presented a, or had a presentation made upon the zero emission bus coming forward. Using hydrogen as a potential fuel source. We've had communications and conversations using the electric buses coming forward. We have a fleet that is, of Mass Transit, that I think gently saying it's very aged, and needs a lot of help coming forward. We also have a relatively new Director, Brenda, who I believe is in Hilo chambers at this point. And so we have somewhat of a helm, that I believe we can really get some things done. In the conversations previously one of the challenges was how are we going to try and embrace these different buses and craft relationships and how we would implement that. I give Ms. Carreira full credit for being cautious as she approaches it, because we're expecting a lot of her. And my thought for this ad hoc committee is to figure out how we can embrace these different technologies, and actually implement them working with Mass Transit. And again, my thought process was coming from the energy side, which is the committee we're in now, because we're embracing a renewable energy, a clean energy, a green energy. And this is all marching towards the 2045 initiative from the state that we are 100 percent renewable by then. Page 2 AWEEMC-6 July 23, 2019 And it's also my thought that with that, we have to have Mass Transit in the conversation. And so in establishing this ad hoc committee it is my desire that is myself as Chair of Agriculture, Water, Energy, and Environmental Management, in conjunction with Chair of Mass Transit which is Ms. Sue Lee Loy. And the Vice Chair of both, which is conveniently Mr. Kaneali`i-Kleinfelder. So it will be the three of us working together crafting the workable relationship with Mass Transit, to be sure we have everything lined and up going forward. Embracing the ZEB (Zero Emission Buses) buses, which include the hydrogen powered buses as well as approaching the electric buses and seeing how we might put those together and come forward. Increasing our working fleet of Mass Transit, addressing the needs of the county while stepping towards that zero emission total renewable energy source of Mass Transit by 2045. So with that I'm dying to hear what my colleagues have to say. I yield. MS. LEE LOY: Thank you, Chair. I completely wholeheartedly agree with this ad hoc committee. I think when we talk about working in silos, this is the way we break through and close the gap and actually communicate across various silos, especially from a policy standpoint. Because of everything that Mr. Richards has shared, and the infusion of the GE (General Excise Tax Fund). I think the situation is right where we could actually start talking about and this is what, you know, we'll need to dive into is, you know, what are the goals and objectives of the ad hoc committee and what we want to try and achieve as far as marrying our sustainability goals, along with the goals of Mass Transit and now utilizing the resource of the GE, and how we can develop policy around those things. I'm actually—the thought that's kind of stuck in my head right now is ne`e papa, which means joint action. And that's what this does, it really creates this synergy and joint action between two committees that have a duty and responsibility, not only to the departments that they serve but the larger taxpayers that, you know, are paying the bill on this one with their GE. As far as scope of services, I'd like to see two parts to this. One, some of the low -hanging fruit that we have in our Mass Transit Master Plan, and then looking at our energy sustainability goals that we're trying to meet. And see what kind of low -hanging fruit we have between the two, and pair those immediately. Maybe pick anywhere between two to four of them, and then develop an action plan that this Council can support and demonstrate to the taxpayers how we're going to meet those two plans, and what our action plan is for that. So with that, I'm hoping this sparks a bigger conversation about what we want to develop as goals for the ad hoc committee. I will be supporting that, and that's my idea of as kind of you know, we talk about outcomes and deliverables and measurables. Those are the things I'd like to see in this ad hoc committee. With that Chair, I yield. Page 3 AWEEMC-6 July 23, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Anyone in Kona, or Aaron, Aaron is not here today. Does anyone else have anything to say or to discuss? Ashley? MS. KIERKIEWICZ: Thank you, Chair. I just want to thank Council Member Richards, thank you for putting this forward. It's nice that we have tools available to us, to convene these kinds of conversations and partnership with the Administration. I just want to ask if beyond Brenda, anybody else in the Administration is going to be included. When we last talked about hydrogen buses and infusing them into our Mass Transit fleet, we had tasked Wil Okabe in the next few months to come up with some recommendations for pilot areas to deploy the ZEBs, so I'm wondering if he can be involved in that conversation. That way we're not duplicating efforts, but ensuring that we are really pooling our resources together and working efficiently and in partnership. MR. RICHARDS: Chair, may I respond? ACTING CHR KANEALI`I-KLEINFELDER: Yes, thank you. MR. RICHARDS: Okay, thank you. And thanks Ms. Kierkiewicz. The short answer is absolutely. The last thing we want to do is have redundancy of effort, because that's inefficient. One of the conversations that we had with the ZEB buses that was described, under Environmental Management there is an initiative to look at possibly harnessing some of the potential energy coming out of our waste steam and using that harvest some hydrogen, and that is a possibility. The point is to have the ad hoc committee, put these stakeholders in the same room at the same table. And start having the meeting of minds as well as the collective wisdom coming forth. And without question we'd bring in Administration, bring in Environmental Management. I think it's very fortuitous that the group happens to be Energy, and Environmental Management combining with Mass Transit. So I think things are lining up to get the right job done, and have the right conversations. There by crafting the measurables, as Council Woman Lee Loy said, and then coming back with report to Council. Does that answer the question? MS. KIERKIEWICZ: Yes, very thoroughly, and then some. Thank you, Mr. Richards. So, you know, thinking about this scope of work, I'm just going to recommend some short term and long term recommendations being put forth by this group. I don't know what the timeframe is, I think a few months is kind of unrealistic when you think about how many different pieces need to be coordinated. And so I would recommend at least a six month conversation, in order to forward a robust report that really thinks through how all of the different departments and agencies work together. Page 4 AWEEMC-6 July 23, 2019 And I also wonder if in that, we can look at just supporting our CDP's (Community Development Plans) and General Plan a bit more. There's a lot of transit oriented development that's put forth in those plans, and I see this as the next viable step in helping to ensure that we can start implementing what the community envisions their communities and neighborhoods to look like. So fully support it, and I yield. ACTING CHR KANEALI`I-KLEINFELDER: Open up for discussion. Anyone else have anything to say? Oh, Sue. MS. LEE LOY: Thank you, Chair. And what Ms. Kierkiewicz touched upon is actually another piece of this ad hoc committee, which is why I'm so excited. Which is the planning aspect. And as the Vice Chair of Planning, we now are going to be looking at the General Plan and the General Plan update. And so if we deliver some of these measurables, and start dovetailing them into the CDP's and our General Plan where we then develop the infrastructure line to help continue to meet these goals. I think we really can create a lot of movement with this ad hoc committee. But also filter down bigger goals to our General Plan, so when we start looking at our TOD's (transit -oriented development) or our hubs or just our charging stations and where they should line up. Again, marrying the Mass Transit Master Plan with the overall goals of our General Plan, and the infrastructure that we would need to build for some of that. So again, I think this conversation is ready, ripe, and it's time for us to have it. And I'll be more than happy to bring that to the table as a member of the ad hoc, but also to some of the other stakeholders. Yes, the Administration. But we have some really smart people in the community that I think the ad hoc could actually, you know, convene—you know, HELCO (Hawai`i Electric Light Company), you know, just one of the many community partners that really is going to have to help us meet our energy sustainability goals, but also bring the infrastructure that goes with it. So I am, I'm getting really excited. Scope of services, I hear loud and clear. And Mr. Richards I think between this conversation and the next one, if we could start looking at definitely convening this ad hoc committee for at least a six month conversation. Sounds about right. And then from that develop the goals and a scope of services, which would then also give us another timeline on how to meet those goals. Chair, with that I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Anybody else? Okay, I have one. Okay, go ahead. MS. EOFF: I just wanted to add to the conversation that I completely support the formation of this ad hoc committee. I think it would bring a lot of important issues to light for us, and I thank that everybody that wants to be involved in it to spend their time at the table. Thank you. Page 5 AWEEMC-6 July 23, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Karen. Maile, sorry. MS. DAVID: That's okay. I'm too far away from you. Anyway, thank you, Mr. Richards. I think you kind of hinted this was a passion of yours, and I really think you're the perfect person to do this. And I think the people you've selected, are very appropriate also. And because this is such a multi -tiered sort of issue and topic, I'm just wondering whether down the line before the six-month period happens if there's something you believe that this body would like to be advised of, and you know, toss around and maybe get some suggestions. I don't know if you can bring a communication or just a—yeah, you're making faces, okay. But it's just a thought. I'm not sure how that can happen in an ad hoc committee. But I guessI'm reading Mr. Henricks face, and I believe we'll have to wait for the report. The six month report, but that's fine. I really appreciate what you folks are undertaking, because we have to move this forward. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Chair. MR. RICHARDS: Quick response, and I'm not going to look at the Clerk. So thereby won't see him make face. But that being said, Council Woman David, as I've been listening to conversations, I like the idea of approximately six months. The reason I say approximately is the first meeting will be the organizational meeting, where we craft some of that and set some goals. But I'm thinking interim report, and before you said it I was already thinking that wouldI'm not looking that way so he can't see his face. To get some collective wisdom, no, apparently I'm told no. So we'll have—anyway I think you'reI do listen to you very carefully and maybe we'll have some other presentations. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you for a very funny discussion today. Jon, can I ask what are the issues that we're running into? MR. HENRICKS: We're okay. So today if the ad hoc committee is going to be formed today, then we need to know membership and the scope and investigation needs to be determined today. You could go with what is provided in the communication that Mr. Richards has presented. Which is—could be considered rather broad, which can be helpful. Or you could hold off, and draft something that's more detailed. But when you form the committee, that is the point and time when you form the scope of the investigation. State law, and I will provide essentially that when you form an ad hoc committee, it does its work on behalf of the Council. It's a subgroup. It then presents its findings to the full Council, we sit for a meeting to allow that to kind of marinate in the public and for Council Members to absorb it, digest. And then we come back to another meeting, where the Council can discuss those findings. Which makes interim reports and engagement Page 6 AWEEMC-6 July 23, 2019 with the full Council, that doesn't seem to be something that works with the formation of a subcommittee of the Council. That can be further discussed with Corporation Counsel of course, on what opportunities are there. But that has been generally our process with ad hoc committees. And then kind of going back a little bit talking about participation. Of course ad hoc committee is free to ask any members of the Administration, State Government, Federal Private Sector to assist with ad hoc duties. So today if the committee is to be formed, need to know the membership, and I presume that the presiding officer will be allowed to form the committee as the Chair of this committee. Though, you know, you're Acting Chair at this point and time. And essentially it also states that the role of each members is to be defined at this point and time as well. Typically we just basically stated who would be the Chair, to fulfill that need, and then of course the scope of investigation, which would set the course for the ad hoc committee today. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. MR. RICHARDS: You want me to weigh in on this? ACTING CHR KANEALI`I-KLEINFELDER: Yeah. MR. RICHARDS: Okay. Alright and when I crafted the communication it was perfect—not perfect, it was purposely set broad because it's kind of hard to decide the scope of what your committee is going to be, if you haven't even established the committee or the membership as of yet. So the purposely it was a little bit wide. As under the Sunshine Law, you're allowed to engage conversation on a specific item and I did. So Council Woman Lee Loy was aware. However, Councilman Kaneali`i-Kleinfelder would you like to join the committee, because I had my eyes on you. But I did not officially ask you as of yet. ACTING CHR KANEALI`I-KLEINFELDER: If you couldn't tell from previous conversations we had, I am a little excitable when it comes to this side of Mass Transit and our government and direction, because I do have a lot of experience in this area. So yes, I'd love to be in the committee. Thank you. MR. RICHARDS: Okay. Membership now established. MR. HENRICKS: Could you repeat that for the record, is it three? Membership MR. RICHARDS: Yeah, the group of three, Chair of AWEEM, Chair of Mass and Roles Transit, and Vice Chair of both. So Councilman Richards, Council Woman Lee of Ad Hoc: Loy, and Councilman Kaneali`i-Kleinfelder. MR. HENRICKS: Okay. And then would you provide who will be the, I guess the Chair or the leader of the committee at this point and time. Page 7 AWEEMC-6 July 23, 2019 MR. RICHARDS: I guess I will be Chair, if that works with my committee members. And then going forward on discussing this scope the intent is to, and this comes from the conversation listening to our director concerning Mass Transit. As we go forward and embrace new vehicles with the mindset of having the ZEB buses and the electric buses, putting together how we're actually going to be able to take those in, what kind of details, and what kind of infrastructure we're going to need to help Mass Transit put all that together. Which addresses the Mass Transit concern. But also we have to look at the energy side, how does that interface with what we're going to deliver? Potentially from the environmental management side of a waste stream, but also how are we going to use the infrastructure. My intention is to bring in initially private sector people, to come in and help us craft some of that, that are the experts in this field. Now how detailed do we need to go with this? Scope of MR. HENRICKS: You know, if I were to summarize what you just said. It sounds Ad Hoc: like, investigate the implementation of electric and zero emission buses for the Mass Transit Agency. MR. RICHARDS: Which is exactly what I wrote. MR. HENRICKS: I would say that is the scope of the investigation. And it provides a fairly, broad path of the committee to perform its work. MR. RICHARDS: Correct. MR. HENRICKS: I believe that's sufficient for the purposes of providing notice. MR. RICHARDS: Alright, so with that Chair, once again I yield. Further ACTING CHR KANEALI`I-KLEINFELDER: Thank you. I would like to add Scope: in my previous resolution and communication and updates, I was focused on buses and Mass Transit. And in talking with different people in our county, and out of our county. I realized that, I think "fleet" may be more appropriate term than "buses." Because we both buses in Mass Transit, but we also use vehicles within our fleet that we can start to look at that don't need to be gas, our vehicles anymore, we have other options. And if were truly are looking to be better as a county, this could be the direction to go. So if I could offer the term "fleet," instead of just "buses." That gives us little bit more scope. MR. HENRICKS: Say that's duly noted for the record. And I would also say that, you know, I don't think it would be unreasonable for the report of the ad hoc committee to provide information beyond. It's part of the investigation that may have discovered things that are other options, or feasible routes as well. ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you. Page 8 AWEEMC-6 July 23, 2019 MR. RICHARDS: Just as long as it doesn't stray too far away from what has been defined as the scope and investigation at this meeting today. ACTING CHR KANEALI`I-KLEINFELDER: Well I appreciate the discussion today. Thank you very much Tim for bringing this forward. Glad we get to have this committee, I think we can do a lot of good damage. And get our work done, and have the ability to sit down together and talk. One thing I was thinking, do we want to bring in someone from Kona? Are we allowed to have four people on a committee, or is it three max? MR. HENRICKS: You can have between two and four. ACTING CHR KANEALI`I-KLEINFELDER: Between two and four. Do we want to involve, because we have Kohala, Hilo, Puna, does Kona want to weigh in on this decision at all? I'm going to put that out there, it's for discussion. MS. POINDEXTER: This is Council Member Poindexter from Hilo. I would love to suggest if Council Member Villegas would sit on it. I think she would be great on that committee, but I don't know if she'd be able to. Further MS. VILLEGAS: Aloha, I'd be honored to join the Ad hoc committee. Thank Membership: you. ACTING CHR KANEALI`I-KLEINFELDER: Okay, to me that rounds out, now we have a member from every side of the island. And that's kind of a better thing for this whole time is breaking out of silos, changing the narrative, and kind of meshing all of the island instead of being Hilo -centric or Kona -centric. So I think that really—if that's okay, everyone likes that. MR RICHARDS: Yeah. ACTING CHR KANEALI`I-KLEINFELDER: Okay, wonderful. I do not have any further questions, anyone else have anything else? MR. HENRICKS: So Acting Chair, at this point typically the communication used to establish the committee we would postpone to kind of keep that alive and that would be what keeps this process moving forward. A motion to postpone. MR. RICHARDS: So a motion to postpone (Comm.) 361 to a later date? MR. HENRICKS: We could use to the call of the Chair to provide some leniency. MR. RICHARDS: To the call of the Chair. Page 9 AWEEMC-6 July 23, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Okay. Motion to postpone Communication 361 to the call of the Chair. Motion to Postpone: Mr. Richards moved to postpone Comm. 361 to the call of the Chair. Seconded by Ms. Lee Loy. ACTING CHR KANEALI`I-KLEINFELDER: Any discussion? MS. LEE LOY: I just—this is a question for the Clerk. I know we're looking at six months, but if we are done quicker we can come back quicker. MR. HENRICKS: Absolutely. MS. LEE LOY: That's it. Thank you, Chair. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. All in favor? Vote on Motion to The motion to postpone Comm. 361 to the Call of the Chair Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder – 8. Noes: None. Absent: Committee Member Chung – 1. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: Okay, next order of business. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Page 10 AWEEMC-6 July 23, 2019 Bill 88: AMENDS CHAPTER 20, ARTICLE 3 (REFUSE DISPOSAL), SECTION 20-31 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF "PUBLIC PROPERTY" Amends the definition of "public property" to authorize the Department of Environmental Management to tow abandoned vehicles from property owned by the State of Hawaii and Federal government, pursuant to Section 20-38 of the Hawaii County Code. Reference: Comm. 353 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to recommend passage of Bill 88 on first reading. Second by Mr. Richards. ACTING CHR KANEALII-KLEINFELDER: Any discussion? Ms. Villegas. MS. VILLEGAS: Thank you, Chair. I'm excited to have brought this forward at the suggestion of the head of Department of Environmental Management. I believe we have Bill Kucharski here in Hilo chambers today. Mr. Kucharski, if I could ask that you will come up and share with us some of the background information related to kind of an updating of this ordinance and why it's necessary in order to support your staff, and your team to get the job they need to done, related to abandoned vehicles. (Note: At this time Environmental Management Director Bill Kucharski came forward to address the members of the Committee.) MR. KUCHARSKI: Yes, thank you. This is Bill Kucharski, Director, DEM (Director of Environmental Management). A few short months ago, Council passed an ordinance change that allowed the DEM to tow vehicles from private roadways. There are a lot of those in the county, as everyone is aware. When we did that inadvertently, we added a definition of "public property" to include only county -owned property. We took this form the State HRS 290-1, which talks about removal, the ability of the counties to remove vehicles from a public property. But there it is not defined, it is just you know, common sense. It's public property if its own by the state, or federal government or the county. When we placed the definition for the abandoned vehicles in the code and limited it to county properties, we then removed our ability to pull an abandoned vehicle from state property or federal property. And this is just a correction for that oversight. MS. VILLEGAS: Thank you, Bill. I appreciate that further definition. And with that I yield, if anyone else has any other questions. Page 11 AWEEMC-6 July 23, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Rebecca. Any other questions? Mr. Richards. MR. RICHARDS: Thanks, Chair. And thanks, Rebecca. Because this is where we trip over ourselves for silly reasons, and so it's good to fix the silly reason. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Richards. Ms. Lee Loy. MS. LEE LOY: I was just wondering if, and maybe this is a question for the Clerk. But I heard Mr. Kucharski, do we have to send it down to Environmental Management for them to further review before it can actually come back? MR. HENRICKS: You know, according to the strict reading of the code that is true, Section 2-207 does require any legislation to amend Chapter 20 or 21, to be referred to the Environmental Management Commission for their review prior to Council action. MS. LEE LOY: With that understanding, I would make the motion to amend it and refer it to the committee. But my larger concern is that I know we're just cleaning up the code, the stuff cost money. And so with that, hopefully Mr. Kucharski your commission can evaluate where the resources would come, as far as not only towing but what happens to storage of the vehicles, and then how we would actually have enough resources for all of this to happen. I know it seems like just a housekeeping measure, but with the potential to tow. And I'm asking the same question from a previous piece of legislation about vehicles being towed, is who's going to pay for it and where the funding would come from? So with that I yield. MR. KUCHARSKI: This is Bill Kucharski. We had previously had the ability to tow from state and federal properties. ACTING CHR KANEALI`I-KLEINFELDER: Could you, speak up Mr. Kucharski. Sorry, because I have a hard time hearing you. MR. KUCHARSKI: I'm sorry. We previously had the ability to tow from state and federal properties if it was close to the highway. And this does not add anything new, it essentially just allows us to do what we've always been doing, which was again inadvertently stopped. So this is not an additional duty, this is a return of this activity to what we have done in the past. ACTING CHR KANEALI`I-KLEINFELDER: So are we saying we need to forward to the Environmental Management Commission, or that we do not need to? Page 12 AWEEMC-6 July 23, 2019 MR. KUCHARSKI: The response is simply that this is not putting additional cost burden on the county. It's simply, again, allowing us to do what we had done prior to cleaning up the code, and to allow us to go on to private roadways. And so the cost would have been for the private roadway addition, not for being able to tow vehicles that are on state or federal properties. ACTING CHR KANEALI`I-KLEINFELDER: Joe, can I ask you to come up? I have a question for you. I'm trying to figure out what to do next, because it's not clear to me. Thank you, Joe. (Note: At this time Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Good morning, Joseph Kamelamela, Corporation Counsel. ACTING CHR KANEALI`I-KLEINFELDER: Good morning, sir. So from what Bill had said, what Ms. Lee Loy had said, what Jon had said, do we need to forward it back to Environmental Management Commission? Or can we vote on it now? That's all I want to know. MR. KAMELAMELA: Yeah, so what the Clerk had said is correct. It should go back to the Environmental Commission. From what I hear, the Director talked about, he was just answering one of the question by Council Member Lee Loy. That involved the cost, which is a separate issue. ACTING CHR KANEALI`I-KLEINFELDER: Okay. So we follow what Jon said earlier, and we go from there. MR. KAMELAMELA: Yes. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Joe. Any further discussion? Wonderful. Well I appreciate the discussion. Thank you. So may I have a motion to forward Bill 88 to the Department of Environmental Management Commission for their review? Motion to Refer: Mr. Richards moved to refer Bill 88 to the Environmental Management Director and Environmental Management Commission pursuant to Section 2-207, Hawaii County Code. Seconded by Ms. David. ACTING CHR KANEALI`I-KLEINFELDER: Do we need to postpone this then? MR. HENRICKS: No. The referral to the Commission will remove it from today's agenda, and then when the Commission presuming it provides its Page 13 AWEEMC-6 July 23, 2019 response then we'll put it back on a future agenda with that response. So that this can be moved forward. I just note that code also asks for the Director's recommendation, and naturally he has made comments today. But it's typical that we would also receive a memo or a letter from the Director, providing his or her, in this case his, written comments about this legislation as well. ACTING CHR KANEALI`I-KLEINFELDER: Okay. MR. HENRICKS: So that's what we'll be expecting to see within 45 days from now, which the code provides for. And then the bill would come back with that information from both the Director and the Commission, so this committee can move forward. ACTING CHR KANEALI`I-KLEINFELDER: Okay, so Bill, we would need your input in 45 days or so. You don't have to come up, thank you Bill. So that comes at the end of MR. HENRICKS: Just on the vote of the motion, to refer to the Environmental Management Commission. ACTING CHR KANEALI`I-KLEINFELDER: Oh yeah. All in favor of forwarding Bill 88 to Environmental Management Commission. Vote on Motion to The motion to refer Bill 88 to the Environmental Refer: Management Director and Environmental Management (Approved) Commission pursuant to Section 2-207(b), Hawaii County Code was carried by the following voice vote: Ayes: Committee Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder — 8. Noes: None. Absent: Committee Member Chung — 1. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: With that can I have a motion to adjourn. Page 14 AWEEMC-6 July 23, 2019 ADJOURN- There being no further business, at 10:47 a.m., Mr. Richards moved to MENT: adjourn the meeting. Seconded by Ms. David and carried by the following voice vote: Approved: Ayes: Committee Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas and Acting Chair Kaneali `i-Kleinfelder — 8. Noes: None. Absent: Committee Member Chung — 1. Excused: None. ACTING CHR. KANEALI`I-KLEINFELDER: We are adjourned at 10:47 a.m. Mr. Herbert M. "Tim" chards, III, Chair (Date) Agriculture, Water, nergy and Environmental anagement Committee BAR Page 15