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Waiākea Stream mitigation funding postponed after council questions contractor liability
Summary
Council postponed Bill 1 and its companion Bill 2, which would transfer $1,000,000 into capital funds for the Waiākea Stream Mitigation Project, after Department of Public Works requested more time; council members pressed for clarity on contractor responsibility and why CIP funds would cover corrective work.
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The Hawaii County Council voted on Jan. 8 to postpone consideration of Bill 1 — a proposed transfer of $1,000,000 from prior‑year fund balance to the capital projects fund for the Waiākea Stream Mitigation Project — and its companion Bill 2 to the Jan. 22 meeting after Department of Public Works staff asked for additional time to reassess details under new leadership.
A DPW representative who spoke to the council requested postponement so the department could work with Corporation Counsel and "find the best path forward," and said staff would return with more information once they finished an internal review. "We are researching and reassessing again," the DPW representative said, identifying new director and deputy director personnel.
Council members said they supported the postponement but pressed for public answers when the bills return. Council member Connolly Lee Kleinfelder (moving to postpone) and others said concerns included contractor liability for prior problematic work, how the county would hold a contractor accountable, and whether the county should be using CIP funds to cover corrective work. Council member Kirkowitz asked for contract specifics and repeated concerns that "we've assumed a lot of responsibility for actions that we did not do" and that "a contractor working for DPW" should be held liable if work was substandard.
DPW business manager Kelsey Kalua Luis told the council the department would consult with corporation counsel and promised to provide the requested information when the bills are rescheduled; the department agreed to aim for the Jan. 22 council meeting and to share follow‑up details with council members and the public.
The motion to postpone Bill 1 to the Jan. 22 meeting carried 8 ayes, 1 excused; the council also postponed Bill 2, the companion capital budget measure, by the same margin. When returned to the dais, the council will require DPW and corporation counsel to provide clarifications on contractor liability, project cost allocation and proposed funding sources.
