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PC-56 Page 5 October 6, 2020 <br />to recognize that pattern. She recognized that the intentions of this property owner were truthful. <br />Mr. Van Bergen explained that the discussion with the Commission was similar to this one. He <br />shared that at the Commission meeting it came up that this is not a union project. However had <br />he known that that was a topic of interest, he would have been prepared to explain Spring <br />Capital’s collaboration with union workers on projects. <br />Ms. Villegas acknowledged challenges with unions, especially during the campaign season and <br />continued to express her concerns about the urgency of the sale but has hope that the best <br />outcome for the community will result and understands the precedence being set. <br />Mr. Kaneali‘i-Kleinfelder confirmed with Mr. Fuke that the traffic study was done prior to <br />“COVID traffic.” He expressed confusion for why the Pua‘a and Suffolk properties are part of <br />one project, but being considered under different bills. He asserted that his observation was that <br />the Land Use Commission was bypassed and “he does not like it.” He believed there was money <br />to be made in the development and expressed his frustration that the message being conveyed is <br />that it is not profitable. He also didn’t like the “partialization” of the two parcels. <br />Mr. Fuke explained that the properties were purchased as is, and that the Land Use Commission <br />was not engaged. He shared that the discussion took place at the Council level in 2005 and that <br />the Council exercised their “home rule” and authority. Mr. Fuke emphasized the question before <br />the Council was whether or not the zoning is appropriate land use. <br />Chair Kierkiewicz expressed dismay over the Planning Commission’s decisions, pointing <br />out Commissioner Newberg’s ties to the Carpenters Union, which submitted testimony against <br />the project and that half of the minutes of the Planning Commission’s meeting were about the <br />conflicts of interest from Commissioner Van Pernis. She expressed that the Department’s and <br />Commission’s unfavorable recommendations were merely recommendations and that while this <br />body would take them into consideration, the Council has the authority to make the ultimate <br />decision and create laws. She noted that after such a robust discussion, as was done, the body’s <br />role was simple: to decide on appropriate land use, not projects. <br />Chair Kierkiewicz concluded that it appeared all entities involved want to strike a compromise, <br />thus asked for a motion to move the bill forward while the Planning Department, the applicant, <br />Ms. Villegas, and herself work together to amend Bill 200, utilizing the contents contained <br />within Communication 1077.3 as a starting point. <br />Ms. Poindexter asked for clarity on the vote. Chair Kierkiewicz affirmed that the body was <br />voting on the bill and not the unfavorable recommendation by the Department and Commission. <br />Ms. Lee Loy expressed interest in putting a stop on the clock when applications go to agencies <br />and departments which often leads to projects needing to apply for time extensions. She asked <br />that be considered here so the applicant is not penalized for a department or agency’s delays. <br />The vote was taken on the motion to move this measure to Council with a positive <br />recommendation and passed with Mr. Chung, Mr. Kaneali‘i-Kleinfelder, Ms. Kierkiewicz, <br /> PC Report No. 56 <br /> <br /> <br />