HomeMy WebLinkAboutMIN COUNCIL 2021-02-17 2020-2022 Hawaii County Council
61h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
February 17, 2021
INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David,
Chair.
ROLL CALL:
Present: Ms. Maile Medeiros David, Chair
Mr. Aaron S. Y. Chung, Vice Chair(via videoconference from Hilo)
Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
(came in later)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo)
Ms. Heather L. Kimball, Member(via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Hilo)
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Villegas 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,
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:
Hawaii County Council-6 February 17,2021
John Leong: Res. 35-21 (Comm. 89), in support.
(See Comm. 89.25)
Cory Harden: Bill 5 (Comm. 17), comment.
(See Comm. 17.7)
Jacqui Hoover: Res. 35-21 (Comm. 89); and
(representing Hawaii Island Res. 43-21 (Comm. 114), in support.
Economic Development Board,
Hawaii Leeward Planning
Conference, and Economic
Development Alliance of Hawaii)
Jaerick Lee: Res. 43-21 (Comm. 114); and
Bill 5 (Comm. 17), in opposition.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval Ms. Lee Loy moved to approve the Minutes of January 20,
of Minutes: 2021. Seconded by Mr. Inaba and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David–9.
Noes: None.
Absent: None.
Excused: None.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
CHR. DAVID: There's been a request to take Report—hang on a second
GOREDC Report No. 6, Communication 94, out of order. I believe we have
Ms. Self available in Hilo. Mr. Clerk, go ahead.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
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Hawaii County Council-6 February 17,2021
GOREDC-6 NOMINATION OF AMY SELF TO THE BOARD OF ETHICS
(Comm. 94):
Requires Council
Confirmation by: February 25, 2021 (Section 13-4(k),
Hawaii County Charter)
Motion to Approve: Mr. Inaba moved to adopt Governmental Operations,
Relations and Economic Development Committee Report
No. 6. Seconded by Ms. Kierkiewicz.
(Note: At this time, Executive Assistant to the Mayor Pomaika`i
Bartolome and Amy Self, nominee, came forward to address the members
of the Council, via videoconferencing from Hilo.)
CHR. DAVID: Thank you. Council Members, Hilo, any comments,please, or
questions?
MR. RICHARDS: Chair?
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Yeah, thank you. Chair, this is not directed at Ms. Self at all,
but we have two positions coming before us today for the Board of Ethics. And
since there's a pending action for myself before the Board of Ethics, I'd like to
ask an opinion from Corp. (Corporation) Counsel whether I should recuse myself
from the vote.
CHR. DAVID: Thank you, Mr. Richards. Corp. Counsel? We have Corp.
Counsel here in the Kona chambers.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
CHR. DAVID: Thank you. Just identify yourself for the record, and you can
answer Mr. Richards' question.
MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel.
Mr. Richards, could you please repeat your concern?
MR. RICHARDS: Sure. Thanks, Ms. Strance. There's an impending action
before the Board of Ethics, upcoming. And my understanding is the approval of
these two people before us, they'll be sitting on the Board when I go before them.
So, the question is, do I recuse myself from this vote because of that? Again
transparency, right; I just want to make sure it's as transparent as possible. So, do
I recuse myself since I will then be coming before them, or do I go ahead and vote
on this?
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Hawaii County Council-6 February 17,2021
MS. STRANCE: It might be a different issue about whether they would need to
recuse themselves or whether you should recuse yourself. I'm not sure that there
is an actual conflict. I also don't think that it's going to be any real contesting
itself to the Board. And so, if out of an abundance of caution you wish to recuse
yourself, it would take out any later concern about whether there's an appearance.
If not, then, at the Board level, the committee would need to decide. But every
Council Member, if there's a complaint made, would be in the same situation
about whether their approval of a Board member creates a conflict. And my
reading of the rules wouldn't require it. But if you're concerned about it, given
the proximity, then that would remove any appearance. But I don't believe you're
required to.
MR. RICHARDS: Okay, thank you. So, Chair, maybe under the, I guess, under
the abundance of caution so there's absolutely nothing, I can recuse myself from
the voting. Shall I also recuse myself from the participation of the conversation?
MS. STRANCE: I think if you're going to recuse, you need to recuse. So, yes.
MR. RICHARDS: Okay. Thank you. Chair, are you okay with that?
CHR. DAVID: Yes. If you're going to be doing your recusal based on the
abundance of caution, yes, I respect that.
MR. RICHARDS: Okay. Thank you, Chair. And thank you, Ms. Strance.
Chair, I yield.
CHR. DAVID: Thank you very much, Mr. Richards. Anyone else in Hilo?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
(Ms. Lee Loy and Mr. Chung spoke in favor of Ms. Self's nomination.)
MR. CHUNG: I wasn't really going to say anything, but I wanted to say
something about this whole matter of Mr. Richards recusing himself. This
discussion came up about three or four years ago, maybe a little longer than that,
when Margaret Wille had pitched some amendments to the ethics code.
I think maybe what Mr. Richards did was maybe erring on the side of caution. I
don't think it was necessary, quite frankly though,because the underlying
problem here is that we have an inherent conflict situation where the Council
Members and the Mayor are involved in the selection of the Ethics Board
members. Right? And it's not out of the realm of possibilities. It has happened
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Hawaii County Council-6 February 17,2021
many times in history where either the Mayor or a Council Member will come
before the Ethics Board and it's after the fact. This one is, of course, there is a
pending action.
But what happens to something that happens after the fact, and let's say most of
the Board members were confirmed by an individual Council Member? So, I just
wanted to throw that out there. I'm okay with what he did, but I just think it
wasn't necessary. It's the system that we have in place, and we have to live with
it, right? But getting back to you, I think you'll do a fine job over there, Amy.
Thank you again for coming back.
MS. SELF: Thank you.
CHR. DAVID: Mahalo, Mr. Chung. Anyone else in Hilo before I go to Kona?
No? All right, mahalo. Kona, anyone? Okay. No one in here except me. So,
aloha, Amy, and I really want to thank you for considering this appointment
because I really feel as others do that, based on my relationship with you for
years, that you will be an excellent appointee to this Board. So, based on that, I
wholeheartedly support your nomination, and I want to really thank Mayor Roth
for his selection of you. Given that, Council Members, all those in favor of
confirming the nomination of Ms. Self to the Board of Ethics and filing
Communication 94, please say "aye."
Vote on The motion to adopt Governmental Operations, Relations
GOREDC-6: and Economic Development Committee Report No. 6 was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Richards — 1.
CHR. DAVID: Congratulations, Ms. Self. Okay, I guess we can go to the top of
the agenda now.
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.
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Hawaii County Council-6 February 17,2021
Res. 35-21: URGES THE COUNTY OF HAWAII TO ESTABLISH A JOBS CORPS
PROGRAM FOR HAWAII ISLAND TO HELP ADDRESS UNEMPLOYMENT
IMPACTS OF THE COVID-19 PANDEMIC AND TO SUPPORT ECONOMIC
DIVERSIFICATION
Requests the Department of Research and Development and Office of Housing and
Community Development to collaborate with the Hawaii County Workforce
Development Board to provide a structured program focused on talent
development and career training, with an emphasis on green sector jobs.
Reference: Comm. 89
Intr. by: Ms. Kierkiewicz
Approve: GOREDC-8
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 35-21 and
Governmental Operations, Relations and Economic
Development Committee Report No. 8. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We did have a robust discussion and
presentation on this resolution in Committee. I am asking my Council colleagues
for their continued support. I have not stopped working with the departments
outlined in this resolution to craft a plan that is implementable, that is nimble and
adaptable based on needs of community. And so, really excited about our
collaboration and work forward.
I did want to provide the Council with an update on a measure that was heard in
the House last week, H.B. 1176 (House Bill 1176), and it calls for funding a Job
Corps program. I'm really grateful to the Economic Development Committee
Chair Rep (Representative) Sean Quinlan for introducing the measure and also
providing space for us to elevate what we are doing in Hawaii County at a
statewide level. It did pass out of committee, and so, the next step is for it to be
scheduled with finance.
I will keep my colleagues posted on this because I do think that we are providing
strong leadership in this arena, and we will be creating a plan that is trigger-ready
and able to scale up and put more people back to work. And so,just looking for
everyone's continued support on this important measure. Thank you, Chair. I
yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Does anyone else in Hilo want to
weigh in? Seeing none, Kona? Ms. Villegas? Go ahead.
MS. VILLEGAS: Thank you, Ms. Kierkiewicz, for introducing this resolution.
This is a really exciting project and program. I had the opportunity to turn a
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Hawaii County Council-6 February 17,2021
couple of my daughter's friends onto the KUPU program the end of last year and
the beginning of this year. And I'm happy to report that one of them is currently
working for that program and enjoying it immensely and is really finding a niche
for herself. I am also hopeful that I can get a couple of other friends and family
members to get onboard. This is just a really cool opportunity. So, thank you for
taking this initiative and bringing this forward. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else here? No? And I'll also
state
MR. CHUNG: Yeah, Maile.
CHR. DAVID: Yes? Oh, go ahead, Mr. Chung.
MR. CHUNG: Yeah, I wanted to congratulate Ashley, too, on this thing. It's not
too often where you have a resolution that's urging the State to do something
coupled with actual efforts in getting the funding going. That's really unusual. I
wanted to compliment Ashley.
I work with a lot of kids. And at least over the last maybe five years, I've had
about five kids—mostly in Kona, though—going to the Job Corps program on
Oahu, and I never thought about it, why they had to go to Oahu. But it seems to
be something that's well-needed, I mean, that's utilized and now, since
Ms. Kierkiewicz brings it to our attention, much-needed on our island. So, I
wanted to thank you in that regard. Thank you, Ashley. Good job.
CHR. DAVID: Thank you, Mr. Chung. And I have to agree 100 percent,
Ms. Kierkiewicz. That's an awesome job you did and we thank you, and the
community of this island thanks you also. So, given that, all those in favor of
approving Resolution 35-21, please say "aye."
Vote on Res. 35-21: The motion to adopt Res. 35-21 and Governmental
(Adopted) Operations, Relations and Economic Development
Committee Report No. 8 was carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David–9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
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Hawaii County Council-6 February 17,2021
Res. 41-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
MAINTENANCE AGREEMENT FOR AUTOMATIC ELECTRONIC
DEFIBRILLATORS FOR THE HAWAII COUNTY POLICE DEPARTMENT
Authorizes the Mayor to enter into a five-year maintenance agreement for
45 Automatic Electronic Defibrillators, with an approximate cost of$210 per unit
per year.
Reference: Comm. 110
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 41-21.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is a maintenance agreement for
45 automatic emergency defibrillators for HPD (Hawai`i Police Department).
There is a price tag with this maintenance agreement for $210 per unit, per year.
It's a five-year lease. It comes out to about$48,000 for the next five years, but
these are lifesaving devices. And I ask for everyone's support on this going
forward. But if there's any questions, please let me know. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MR. RICHARDS: Yeah. Richards, Chair.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Mr. Kaneali`i-Kleinfelder, is this being housed by the Police
Department? Like, do they carry them in their vehicles? Or where are these?
And the reason I raise the question—we have to wait for this stuff to come before
us—is that I know people want to donate these AEDs (automated external
defibrillators) and have them in different places. But without the maintenance on
them, I discourage people from donating them because the worse thing to have is
one of these things that's out of date and it doesn't work, but we think we're
protected by it. So, is this with the Police Department? Or where is it? Do you
know?
MR. KANEALI`I-KLEINFELDER: Mr. Richards, if you look over the document
that was sent in by the Police Department, the contact is Jason Grouns, a sergeant
in the Police Department. All the information is here for you. It's in
Resolution 41-21, as well as the accompanying B-52 document that comes with
all of these styles of communication from the department. It looks like these are
donated by the Hilo Medical Center Foundation, and these will be used for the
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Hawaii County Council-6 February 17,2021
Police Department. It does not say where. If you'd like to reach out to them, feel
free. The contact for Jason Grouns is on the top, as well as his phone number.
MR. RICHARDS: Okay. Yeah, I'll go ahead and do that. Like I said, the
concern is the maintenance deal. So, this just raises the question of if other
people want to supply these in parks, etcetera, how we can get on that. So,
thanks. Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Okay then. I'm just
looking at the paperwork, Mr. Richards, and I think it says the maintenance
agreement is for five years for 33 automatic AEDs and 12 onsite AEDs. So, I
believe some of them are onsite. Maybe all of them are going to be on site.
That's what it's referencing on the B-52. So, that might answer your question, or
you might have to make a call.
MR. RICHARDS: Yeah, I'll reach out. Thank you, Chair.
CHR. DAVID: Good point. Okay, all those in favor of approving
Resolution 42-21 [sic], please say "aye."
Vote on Res. 41-21: The motion to adopt Res. 41-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Mr. Clerk, please move on to Resolution 43-21.
MR. HENRICKS: Sorry, that was for Resolution 41-21. So, now we're on
42-21.
CHR. DAVID: Oh, 42-21. I'm sorry. Thank you.
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Hawaii County Council-6 February 17,2021
Res. 42-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ALOHA `ILIO RESCUE TO
SUPPORT ITS SPAY AND NEUTER PROGRAM
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. III
Intr. by: Ms. David
CHR. DAVID: Council Members, if you have any objections, should I relinquish
my chairmanship to Mr. Chung so I can discuss this? If not, it'll be really brief.
It's a contingency.
MR. CHUNG: You should just maintain the chair there, Maile.
CHR. DAVID: Thank you, Mr. Vice Chair. Thank you very much.
Motion to Approve: Mr. Inaba moved to adopt Res. 42-21. Seconded by
Ms. Villegas.
CHR. DAVID: Mahalo. Thank you. This is a contingency grant for a very
worthy cause for Aloha `Ilio, and I just ask for your support on this because they
really need the help down there. So, mahalo. All right. Seeing no other
discussion, please, all those in favor of approving Resolution 42-21, please say
aye.
Vote on Res. 42-21: The motion to adopt Res. 42-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-6 February 17,2021
Res. 43-21: STRONGLY SUPPORTS DIGITAL EQUITY AND URGES DEVELOPMENT
OF BROADBAND INFRASTRUCTURE TO BOLSTER COVID-19
RECOVERY AND FOSTER ECONOMIC DEVELOPMENT
Adopts the State Department of Business, Economic Development and Tourism
Hawaii Broadband Strategic Plan to ensure equitable access to internet services by
residents of Hawaii County.
Reference: Comm. 114
Intr. by: Ms. Kimball and Ms. Kierkiewicz
Waived: GOREDC
Motion to Approve: Ms. Kimball moved to adopt Res. 43-21. Seconded by
Ms. Kierkiewicz.
CHR. DAVID: Go ahead, either one of you.
MS. KIMBALL: Thank you, Madam Chair. This resolution was waived through
Committee due to a sense of urgency to align similarly with the job programs with
efforts at both the State and the Federal levels to support extended broadband
capabilities.
We certainly know through census data there was already a digital divide in our
island, particularly in the Puna area, in Ka`u, where we have as many as two-
thirds of the households without access to internet. But the divide is not
exclusively on geographical lines. It's also socioeconomic ratio, and it's not just
an issue of geography but social justice and economic justice as well.
And with COVID (coronavirus disease), as things were shifting already towards a
digital frontier, they shifted more quickly with COVID. And we suddenly saw
that it was important to have access for the ability to do remote work, to
participate in educational opportunities, to interface with your doctor. And that is
going to persist after we get past this COVID stage and continue to be an
important part in participating in a democratic society.
So, this piece of legislation signs us, as a County, onto the Broadband Strategic
Plan to support funding and development of the infrastructure as well as the
Digital Equity Declaration, which was provided by the Broadband Hui. I would
note that the Broadband Hui was started through DBEDT (Department of
Business, Economic Development and Tourism) and includes Transform Hawaii
Govs and the Aloha Connects Innovation. And there's well over 50 members at
this point, and we've been meeting for several months, once a week, to talk about
how to expand broadband opportunities.
There are several pieces of legislation that are moving through the State that have
relevance to this resolution. There is support. I've already spoken to Riley and
Doug Adams at R&D (Research and Development), as well as Scott Uehara.
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Hawaii County Council-6 February 17,2021
There is support within the Administration to see these actions move forward. At
the Federal level, there's $11.8 billion in the Rural Digital Opportunity Fund, and
some of that has already been captured by one of the telecom
(telecommunications) companies here for $24 million for broad expansion of
broadband.
In addition to just the infrastructure, this Digital Equity Declaration supports
digital literacy as well, which is the second component of digital equity. It's not
only providing for the infrastructure but also providing the training required to
really make the most use of our infrastructure. And as the Governor said in the
State of the Union Address—State of the State Address, excuse me, the economic
opportunities are a piece of this. It creates a way for us to diversify our economy
as well as participate more actively in the global economy, and hopefully provide
opportunities for our young people to stay here and for our kama`aina to come
home. So, I hope that my colleagues can support this resolution today. Mahalo. I
yield, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else in Hilo?
MS. KIERKIEWICZ: Chair? If I might just echo the sentiments of my esteemed
colleague, Ms. Kimball. We've had a keen eye on tracking this issue, particularly
because of COVID. We knew that there was a lack of access for connectivity in
many of our rural communities, specifically within Puna. And if you take a look
at the exhibit attached to this resolution, you can see the colored maps where there
is this disparity.
And with COVID, we saw overnight the shift people had to make from accessing
services and support in person and doing everything online, and that was a very
hard shift for our schools to make, our healthcare clinics to make, for businesses
to make; heck, for even government to make. But we saw that these sorts of
crises are opportunities to accelerate coordinated action.
I have to say that I have personal experience in watching communities struggle
without internet connectivity and devices and even being able to use the platforms
that do connect us. I volunteer with Vibrant Hawaii, and one of the projects that
we had activated in response to COVID was putting together a network of
resilience hubs around the island. And the idea was to provide community with
connectivity. We did that through a series of hotspots. But I've got to tell you,
it's nothing in comparison to the broadband infrastructure we need. And we see
this resolution as a way to formalize our support for this basic need.
There are investments that are going to be made at the State and national levels.
And so, we certainly want to make sure that we are prepared to receive that
funding and support. Just a couple of weeks ago, I was able to talk to Ed Sniffen
who is leading the broadband infrastructure investments for our State, and there is
talk about making sure that we are reaching unserved and underserved areas
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Hawaii County Council-6 February 17,2021
particularly among neighbor islands. So, we're primed to receive that support and
do hope that our colleagues see the need and importance of supporting a measure
like this. Thank you, Chair, I yield.
CHR. DAVID: Mahalo, Ms. Kierkiewicz. Anyone else in Hilo?
MR. RICHARDS: Yeah, Chair. Richards.
CHR. DAVID: Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you. First of all, thanks for bringing this forward
and out and putting it on the high-priority list. This follows suit with what the
National Association of Counties has been working on I think as long as I've been
in officeso, for the last four years. The inability of rural communities to
connect is strangling advancement of the rural communities. So, it's critically
important.
There are stories across the nation where County offices have broadband
availability, and they leave it on so students can park in the parking lot and seek
access. Obviously, this is going to raise the conversation about 5G (fifth
generation). And advancements in all of that are being made. The pandemic has
shown that we as a County and we as a nation really have to embrace technology
going forward because the need for that to advance us on an education level, on a
business level, all are paramount. So, I'm glad that our County, our State has put
this forth. And we're going to do this because we need to get it done. From an
educational standpoint, we see kids falling behind right now, and we've got to
help them catch up. So, I'm definitely supporting this. Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else in Hilo before I go to
Kona?
MR. CHUNG: Yeah, Maile. It's me, Aaron.
CHR. DAVID: Thank you. Go ahead, Aaron.
MR. CHUNG: Yeah, I wasn't going to bring it up, but since Mr. Richards did
mention 5G, I wanted to ask the makers of this resolution how 5G fits into this. I
mean, is it included in it? Not specifically, of course, but generally?
MS. KIMBALL: If I may, Chair? The Broadband Strategic Plan does mention
5G at two occasions; it certainly doesn't prescribe it. And our community
probably does not have the demand for the sub-millimeter 5G, which is really the
one that people are concerned about as far as health. 5G, the term,just means
fifth generation. Fifth generation can happen at the same frequency as 4G (fourth
generation) currently is. So, the conversation really needs to be around what
frequencies we're using for wireless.
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Hawaii County Council-6 February 17,2021
There is a strong push for fiber, though. So, there is an understanding that that is
going to be better for us if we really want to have a strong technological sector, to
have a fiber backbone. Some of the comments that I also got were about satellite.
This is the type of situation where it doesn't matter what shoes you're wearing;
you've just got to be moving. So, satellite is another option for us, but we're also
going to want to have that hard-wired fiber redundancy. Like I said, this does not
prescribe 5G by any means. It's really going to be based on demand.
MR. CHUNG: Right. But it doesn't preclude it either.
MS. KIMBALL: No, it doesn't preclude it either. Thank you.
MR. CHUNG: Yeah, okay, and that was my reading. I read the article that was
in the paper the other day with interest, and I saw that it mentioned fiber and those
other things, but no mention of 5G. And the only reason why I had to talk about it
is this body adopted a resolution, last year I believe. And I don't know how the
votes were; I voted in favor of it. I'm going to vote in favor of yours, of course,
for sure and—both of yours.
But I do knowso, I wanted to at least give my take on why I voted"yes" on one
resolution, which at first blush would look like it was against 5G. And everyone
who voted for that measure had their different ways of looking at that resolution.
But for me, I think I and others made comments about how broadband buildup
was so important, given what we were seeing with the COVID situation and
particularly what it was doing to our youngsters who had to go to school and were
doing things online. It really put a lot of households at a huge disadvantage. So,
if that didn't underscore the need for an extended buildup of broadband, I don't
know what did.
But at the same time, that resolution merely called—it was a nonbinding
resolution, which, if my recollection serves me correctly, asked for the developers
of 5G to make sure that it's 100 percent safe. I'm just kind of making up.
Something like that. It put the onus on the developers. They were under no
obligation to follow our resolution, of course. So, my vote "yes"was never a vote
against 5G. It was just to err on the side of caution. So, I had to explain that,
okay, because I am more supportive of your resolution than I was of the other
resolution that I voted for. This is really important, and I thank the both of you
for bringing something like this up. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo before I come to
Kona?
MR. RICHARDS: Chair,just a quick comment.
CHR. DAVID: Go ahead, Mr. Richards. Go ahead.
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Hawaii County Council-6 February 17,2021
MR. RICHARDS: Just wanted to that is pertinent to this—we are being able to
close the loop of that fiber optic around the island very shortly. HELCO (Hawai`i
Electric Light Company, Inc.), Hawaiian Electric, was able to put their poles in
through the national park. That came with efforts from our Federal representation
as well as the State. And so, they were able to get that done, which is going to
allow us to put that backbone in. So, the timing of this is really good. I yield.
CHR. DAVID: Thank you, Mr. Richards, (inaudible).
MS. LEE LOY: Yes, Chair, please.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. I am going to be supporting this resolution. And
what I really like about this particular resolution from other resolutions is you've
attached an exhibit which completely maps out not only the support that this
Council is giving through the vote on this resolution but deliverables and
actionable items. And all too often we kind of throw up resolutions just based on
sentiment, but this one is a lot—it's different. Because not only does it speak
with a voice, but it gives us a plan. Brilliantly done.
What I also appreciate is that in the resolution body itself, it talks about furthering
goals through the CHANGE framework, Aloha+ Challenge, Data Collective.
This resolution gives credence to cinching all of those programs out there and
like pili, like tie them all together very nicely while still providing a broad
spectrum of choices, whether it's 4G, 5G, fiber.
And I want to speak to the broadband committee. I've sat in. I've listened. And
we talk about our children really struggling. Our kupuna are struggling. They
don't want to go out. To get a doctor's appointment, they need this. If we want
to keep our community safe, specifically our kupuna, this is the tool. And I have
the privilege and honor of serving two Native Hawaiian communities: Keaukaha
and Panaewa. And through some business decisions with DHHL (Department of
Hawaiian Home Lands), they went with fiber to tie their communities together,
and it's not there for them. And so, when we talk about closing the digital divide,
but more importantly the equity piece that comes with it, this is truly taking care
of our homestead community.
And I'm going to rise up and speak about this is how we lift our lahui up. We
keep looking at our homestead communities with not having. And this is how we
bring services to them without pigeonholing them into just one crayon from the
crayon box. I will be completely supporting this resolution. And if anyone out
there just took a look at the exhibit attachment, this is a perfect roadmap for us to
go forward, and the maps speak volumes. So, to the makers of this particular
resolution, thank you so much for a smart, well-articulated piece of legislation.
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Hawaii County Council-6 February 17,2021
And although it's maybe nonbinding, there's a lot more teeth in this than we've
seen in the past. So, thank you very much. I'll be supporting this resolution. I
yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo?
MR. KANEALI`I-KLEINFELDER: Chair, if I could?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair David.
CHR. DAVID: You're welcome.
MR. KANEALI`I-KLEINFELDER: Heather, I just want to say mahalo for
putting this together. Your community, they're going to be a little bit fussy and I
understand that, given it does mention 5G in a couple of different places. So, that
was an item that was touched on and actually was voted on unanimously by the
previous Council, which was more to require some health studies on the effects of
what's being done and what comes out of those facilities, specifically the small-
cell facilities which is mentioned in this document. So, that is to be expected and
I agree with the community on that. But the other part of this was a real strong
push for fiber and for the buildout of this network in general, which is incredibly
important. So, I'm with you wholeheartedly on that.
I did find interesting as I looked over those maps, I mean, Puna is lit up bright red
on those maps as being underserved. But when looking over—and it talks about
the unserved and underserved areas. It mentions—let me find that exact sentence
where—for example, I'm going to quote from this document that was the exhibit:
"As an example, the Federal government will not provide grant funding for any
census block where at least one location is determined to be serviced by
broadband."
I think that really speaks to how and why we're seeing Puna lit up; is because one
location can be lit up by broadband that's close to a network or close to
availability for fiber, which will then not allow for the rest of the community to be
built out. So, that really caught my eye as far as why we're not being serviced.
And even I, at my home, I don't have the ability to get fiber or anything high-
speed. So, I had to do Viasat, which is not very useful when it's raining.
So, I understand the need for this, and it's good that you brought this forward.
There are some parts to this like I said I don't quite agree with. And I looked over
the Broadband Hui, and you have some of the larger telecom carriers on that hui,
which is to be expected as they're stakeholders in the situation. Given all that, I
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Hawaii County Council-6 February 17,2021
think you did a good job. So, thank you, especially as you're a freshman Council
Member—although I'm not much more ahead of it than you are. So, thank you
and thank you, Chair. I appreciate it. I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo
before I go to Kona? Seeing none, anyone in Kona? Ms. Villegas, go ahead.
MS. VILLEGAS: Aloha. Thank you, Ms. Kimball, for bringing forth this
resolution. I thoroughly enjoyed reading through this Hawaii Broadband
Strategic Plan, having so many of the issues articulated, validated, and set forward
with a clear vision of how to overcome some of this socioeconomic disparity that
has been so prevalent in our islands, which is very obvious based on these maps,
and how they really show and indicate areas that tend to have lower income and
are less served. It's extremely helpful to see them.
While the district I serve isn't necessarily reflected as an area that needs as much
service, there are a number of locations and groups of people within my district
that also suffer without connectivity. I share my colleagues' sensitivities to 5G
and want to ensure that any and all actions taken within the parameters of what's
outlined here that are prior commitments to ensure that we're taking into
consideration people's sensitivities.
I was thinking about it the other night, and it's kind of like not everybody may be
as sensitive. Kind of like vog, right? Some people aren't sensitive at all, and
some people are deathly sensitive to it. So, I think, as we continue to navigate
this process to expanding broadband access to everyone around the island, it
behooves us to also remain sensitive to what these different frequencies, as you
said, and how they affect people in those areas. So, thank you once again for your
vision, your determination, and your identification of the connection—hahaha—
with both State and Federal funding sources and the organizations and groups of
people working on this. So, thank you for taking that initiative. I really
appreciate it. With that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else here in Kona before ?
Thank you.
MR. CHUNG: Maile?
CHR. DAVID: Oh, go ahead, Mr. Chung.
MR. CHUNG: Yeah, one more comment. I wanted to follow up on what
Mr. Kaneali`i-Kleinfelder said, that he credited Ms. Kimball with a good piece of
legislation given that she is a freshman. First of all, I wanted to point out that this
was introduced by two individuals, both Ms. Kimball and Ms. Kierkiewicz. And
I agree it's a good piece of legislation, but I'll go even further. I say it's a great
piece of legislation, and the reason for that is Ms. Lee Loy touched upon how this
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Hawaii County Council-6 February 17,2021
thing was put together to give us a lot of information. But I think the beauty of
this is that it was so skillfully drafted that it wasn't a measure which drove a
wedge into our community. Look, only one person came and spoke really kind of
against it—not really against it but somewhat against it. It didn't bring out droves
of people. It was just done so well. This is a great piece of legislation.
Congratulations to the two of you.
CHR. DAVID: Thank you, Mr. Chung.
MS. LEE LOY: Chair, I do have one follow up.
CHR. DAVID: Okay, go ahead, Ms. Lee Loy.
MS. LEE LOY: And along those lines because, you know, the Broadband Hui is
made up of a lot of people. And while one particular community was highlighted,
I want to highlight who is on that: charter schools, healthcare professionals,
regular people. And so, when you truly take a look at the Broadband Hui and
who's on there, it is a dynamic cross section of everybody who is truly trying to
help community. And to kind of modulate it as if this is driven by some nefarious
corporation is completely inaccurate. And so, this again, the exhibit—the people
who are putting this together truly care about our community and providing a
service to bridge that gap. So, thank you very much.
CHR. DAVID: Thank you, Ms. Lee Loy.
MS. KIMBALL: Madam Chair, may I make one final comment,please?
CHR. DAVID: Yes, you may. Go ahead.
MS. KIMBALL: Thank you. Thank you, everyone, for your comments about
this piece of legislation, and I want to acknowledge a couple of things. The maps
that are included in this are based on census data which is from 2018-2019, and
there are known problems with it. In fact, it's most likely an underestimate of the
deficiency of coverage. And so, one of the things that we as Broadband Hui have
been discussing is how to get a real assessment of what kind of coverage is out
there. But if anything, what we see in these maps right now is an under count of
the deficiencies.
And then, thank you, Sue, for bringing up the real issue with the homesteads and
the access for our Native Hawaiian community for digital equity. That is a
continuing problem particularly because the DHHL properties are particularly
served by one provider that is not able to get Federal funding for various reasons.
So, one of the things that is key to the Digital Equity Declaration is addressing
that particular issue, and it's going to be challenging.
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Hawaii County Council-6 February 17,2021
Just finally, in the Broadband Hui is a very diverse group of stakeholders and
interest groups. And as much as there are some representatives from the industry,
there's also some that want to see broadband as a utility that is managed by the
PUC (Public Utilities Commission) and is a public right, much like electricity and
water and things like that.
And finally,just to reiterate, the 5G is mentioned in the Broadband Strategic Plan;
it is not prescribed. And this resolution, as it stands, does not in any way conflict
with the previous legislation approved by this body. None of us is interested in
creating public health and safety hazards by the choices we make. And so, we'll
be deliberate and careful about how we proceed with this, but it is a critical piece
of how we move forward as a community. Thank you. Madam Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. On that note, I will make my
comments and close this discussion. Ms. Kimball and Ms. Kierkiewicz, I'm not
going to repeat what everyone has been saying, and just to say thank you for
bringing this forward. I believe that the areas that are totally underserved
basically are in Ms. Kierkiewicz' and Mr. Kaneali`i-Kleinfelder's, the majority,
and a portion of N5'51ehu in Ka`u. And those areas are basically so underserved
as with this technology that I believe the plan is a perfect way of addressing those
needs so that we can bring ourselves up to standards that we've been deficient in
in communications in those areas.
But I really think that everyone that I've heard this morning are on the same page
with respect to providing the health and safety of our people first and also
addressing this critical need. And thank you, Mr. Chung, for reminding us about
that other resolution that we all supported. So, thank you, ladies. I appreciate
everything you've done, and I think this is a good format to move us forward into
the future and help our people. So, on that, Council Members, all those in favor
of approving Resolution 43-21, please say "aye."
Vote on Res. 43-21: The motion to adopt Res. 43-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-6 February 17,2021
Res. 44-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ALOHA `ILIO RESCUE FOR
ITS RESCUE AND ADOPTION PROGRAM
Transfers $1,000 from the Clerk-Council Services –Contingency Relief account
(Council District 5); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 115
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 44-21.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: As you can see by our agenda, I think three
different members—at least three members gave to Aloha `Ilio. They are a
wonderful local nonprofit who actually do a lot of work with the previous animal
control service provider, Humane Society, and the current provider, Hawaii
Island the Rainbow Rangers. So, this is just to help them with every single
aspect of their business. I love what they do. They help place a lot of animals in
our community, and they're just a wonderful team. So, I look forward to
everyone's support, and I also will be supporting all the other ones as well. So, I
appreciate your time. Thank you, Chair.
CHR. DAVID: Mahalo, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none,
all those in favor of approving Resolution 44-21, please say "aye."
Vote on Res. 44-21: The motion to adopt Res. 44-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David–9.
Noes: None.
Absent: None.
Excused: None.
Page 20
Hawaii County Council-6 February 17,2021
Res. 45-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ALOHA `ILIO RESCUE TO
SUPPORT ITS DOG RESCUE PROGRAM
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 116
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 45-21. Seconded by
Mr. Inaba.
CHR. DAVID: Thank you. Go ahead, Mr. Richards.
MR. RICHARDS: Just simple. I'll echo what Matt just said. Good organization.
Do a lot of good work. I ask for your support.
CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor please say
aye.
Vote on Res. 45-21: The motion to adopt Res. 45-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
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Hawaii County Council-6 February 17,2021
Bill 5: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 6, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE
PERMITS
The Windward and Leeward Planning Commissions forward favorable
recommendations for this amendment to the Zoning Code, which would amend the
applicable planning commission's time to approve or deny an application for a Use
Permit, and also clarify certain procedural matters.
Reference: Comm. 17
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-8
and
Comm. 17.3: From Planning Director Zendo Kern, dated February 2, 2021, transmitting the
public testimony transcript from the Leeward Planning Commission's October 15,
2020, meeting.
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 5 on first reading and
adopt Planning Committee Report No. 8. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Chair, we had a robust discussion on this
particular bill in Committee, but I do have Planning Director Zendo Kern on
Zoom as well as Deputy Director Jeff Darrow and Planner Maija Jackson here in
the chambers in case folks do have questions. I know that there were a couple of
testifiers that brought forward things that I believe we resolved in Committee, but
if you would like for the Planning Department to restate that for the record, I'm
happy to call them forward to do that.
CHR. DAVID: Thank you. I'll go to the members. Any questions, Council
Members? Mr. Inaba, go ahead.
MR. INABA: Yes. Can we take Ms. Kierkiewicz up on that offer? If you could
have the Planning staff come forward and Corporation Counsel here in Kona,
please?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council. In addition, Planning Director
Zendo Kern came forward, via videoconferencing, as well as Deputy
Planning Director Jeffrey Darrow and Planner Maija Jackson, via
videoconferencing from Hilo.)
MR. INABA: So, I'll just continue real quick. I had a discussion with
Mr. Darrow on the phone yesterday. And like Council Member Kierkiewicz said,
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Hawaii County Council-6 February 17,2021
if we could address kind of the key points that were brought up during testimony
today; and those being public hearings, what that actually is. If we could you
know what, we'll go one at a time. So, public hearing, please, Planning staff.
MR. DARROW: I can take care of that if that's okay. Good morning,
Chair David and members of the County Council. My name is Jeff Darrow with
the Planning Department. The issue of the public hearing, there's been a question
why aren't we being more specific on that. The actual term "public hearing" is
falling specifically under the use permit section. And so, the only public hearing
we have for that is related to the planning commission hearing for the use permit.
We could change it to say, "planning commission,"but it's never really been an
issue. We didn't see it as a big issue going forward, but apparently some
peopleI don't think they understand that this term is situated in the Code
specifically under the use permit section.
MR. INABA: Mahalo, Jeff. And I think this is the benefit of this discussion
because, in reading through this bill, it is a little bit I guess the point of it is to
clarify the rules right now, and it requires a little bit more explanation. So, thank
you folks for being here.
Can you also address the automatic approval? A lot of testifiers are discussing
automatic denial or bringing that up. So, can you explain that part, please?
MR. DARROW: Sure. At our last Committee hearing, we did have a pretty
robust discussion on it. And one of the areas that we had spoken about was the
actual law that brings this forth, which is HRS (Hawai`i Revised Statutes)
91-13.5. There's a section, Subsection (d)(2). It says that any county or county
agency that is exempted by county ordinance from this section, that if they do that
then this automatic approval will not apply. So, again, we've been seeking
counsel from our Corporation Counsel as to the proper way to bring forward this
ordinance to be able to be exempted out of this section.
At this point, I think they're still looking at the other counties as well as what sort
of action would need to be taken, and specific ordinance that's directed for this or
if it's related to the actual bill itself. We just are—it's been something actually
we've been asking for some time. But I think when it comes to priorities right
now, that's not one of them.
MR. INABA: Okay, thank you. So, is (inaudible)?
MR. DARROW: Yeah. If I could, Council Member Inaba, I've mentioned in the
past and I've talked to our staff, the only time we've ever actually seen this
happen was a situation back in 2008 with a use permit for a tower. The time
period ran out. The applicant wasn't willing to extend. And so, a decision had to
be made and they weren't budging. It was three to three and it wasn't budging.
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Hawaii County Council-6 February 17,2021
And so, we did have a written objection at that time, but Council said the written
objection doesn't do anything as far as change the course. It doesn't extend the
hearing. It doesn't defer the hearing, whereas a contested case would. We did not
have a contested case in that particular hearing, so the automatic approval kicked
in.
I actually was able to get a copy of the permit that was approved. And it was just
two pages long not even two pages; a page and a half—and the reference was
this section in HRS, the automatic approval section. It had no conditions. And if
I'm not mistaken, I believe the time period back then was 90 days. So, it didn't
give us the increased amount of time that we're adding to this bill to make a
decision. So, going forward with the added 60 days after the close of public
hearing, we should be able to come to a reasonable decision one way or another.
And most times, I've got to admit that the applicant is usually willing to continue
to be able to resolve any issues. Hopefully, that answers your question.
MR. INABA: It does. Thank you. And you referenced that case where the
Council said written objection doesn't stop the clock or prevent the automatic
approval. And we have Corporation Counsel here. Ms. Strance, is that something
the Council decides, who defines what"written objection" is? And right now,
we're replacing "written objection"with"contested case hearing." So, I just want
to be clear on what"written objection" is and why it's being replaced here.
MS. STRANCE: Thank you, Mr. Inaba. Elizabeth Strance, Corporation Counsel.
I'm afraid I'm not going to be helpful. This issue kind of bridges over
administrations and actually bridges over deputies who would have been working
on this. If there were, you know, some concerns have been expressed both in
terms of whether something is clear and what the process is. I would prefer to,
rather than giving advice, offer to get more information back to the Council that
explains the procedure and maybe provide the matrix about the decision-making
process as it's set forth within the statute and within our Code.
MR. INABA: Thank you. Jeff, can you just clarify your understanding of what
"written objection" means? Because, I think I understand, based on our
conversation yesterday, why we're replacing it with "contested case hearing."
But for the record, if you could explain that,please.
MR. DARROW: Sure. So, at a given hearing, we'll receive different types of
testimony. Some will be in support. Some will be in opposition. So, a written
objection is, you know, we receive that from the public. There are times that a
particular matter or permit will have quite a bit of objection. And it becomes a
matter of the commission or the Council to take that into consideration to make
their decision. The mere fact of someone giving written testimony of objection
doesn't defer the hearing. It doesn't change the process that we're engaged in.
But a contested case does do that. It does defer the hearing, and it puts aside this
automatic approval rule.
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Hawaii County Council-6 February 17,2021
Once a contested case petition is submitted, at that point all the timing issues are
off the table. It goes into a separate hearing. It could take a month. It could take
six months, depending on how detailed the contested case hearing gets into. But
then it's brought back to the commission and a decision is made. So, that's where
that clarity was provided to the Planning Department back in this particular
matter.
MR. INABA: Thank you so much. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Council Members in Hilo, any follow-up
questions? Ms. Villegas.
MS. LEE LOY: Chair?
CHR. DAVID: Oh, hang on a second. I'll go to Ms. Villegas right now and then
I'll end up with Hilo. Thank you. Go ahead, Ms. Villegas.
MS. VILLEGAS: Sure. Thank you for being here, Mr. Darrow. I just have a
question. As I'm reading through here, I notice that in Section 25-2-67 it talks
about revocation of a use permit. And the prior terminology utilized was, "A use
permit shall be revoked by the commission at the request of any property
owner . . . ." Now the edited version, for the sake of this piece of legislation, then
transitions to say, "A use permit may be revoked by the Director . . . ." And I see
that, essentially, the powers that were vested—and if I'm perceiving this
incorrectly, my apologies but in my layman's mind, it's taking the power that
was with the commission and transitioning it to the Planning Director. And I'm
wondering if I am reading this correctly or if that in fact is what's happening here.
MR. DARROW: That is exactly what's happening here. So, what happens is if
we receive a request—previously, if we received a request from an applicant or
property owner that had a particular permit approved on the property, we would
have to agendize the matter and bring it to the planning commission for a vote on
revoking the permit. And it just appeared to be quite a bit of hardship on
everyone's part having to be able to agendize the matter, be able to take it to
hearing, and then have a vote on it.
The commission felt that it was acceptable to defer the power to the Director if
the request was made from the property owner or the applicant that they're no
longer using the permit; we'd want to revoke it. And so, the Planning Director
would just acknowledge that and revoke the permit. And so, at that point, it's just
a procedural matter that we go through to make it easier on the part of the
commission.
MR. KERN: Madam Chair, Zendo Kern here as well. Can you hear me?
CHR. DAVID: Thank you, Director Kern.
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Hawaii County Council-6 February 17,2021
MR. KERN: Thank you. I just want to add a little bit to that,
Councilwoman Villegas. So, it gives the Director the discretion, as Jeff was
saying, when the request comes from the applicant. In other cases, we've seen
somebody that wasn't in compliance or, say, wasn't behaving properly based on
their use permit, and there's a provision that the Planning Department could seek
revocation of that. So, in that case, though, it would go all the way through to the
commission. The commission would get the final say.
So, if there's a discretionary action being done, whether it's revoking the permit
or granting it, the commission handles that. This just allows that if the applicant
says, "I don't want that use permit anymore. I don't want to be taxed as that. I
don't want that anymore,"that the Director can say, "Okay, that's fine," and we'd
close it out, which saves a lot of time and resources. But again, it's at the request
of the landowner. So, it gives a little bit more authority to the Director but in a
manner that would be very consistent, I believe, with any applicant.
MS. VILLEGAS: Okay. You brought up taxes. So, then, what ends up
happening when that use permit gets revoked?
MR. KERN: Well, for example, if it was, say, a use permit on a residential
property for a medical facility, and they're being taxed at the medical facility rate
or the commercial rate and that use permit was to go away. And there's no longer
going to be a medical facility, there's no commercial operations, and it went back
to residential, then RPT (Real Property Tax) wouldI'm sure they would assess
it at whatever that use would be at that time.
MS. VILLEGAS: Okay. Thank you for clarifying. I appreciate it.
MR. KERN: Pleasure.
CHR. DAVID: Thank you, Ms. Villegas. Ms. Lee Loy.
MS. LEE LOY: Yes, thank you, Chair. I really appreciate Council
Member Inaba. It really is confusing and complex, and this family of codes,
right? And the overlays. Mr. Darrow's smiling because this is where I'm going
to renew my request—and Director Kern is laughing also but I'm going to
renew my request: We need a comprehensive overhaul of Chapter 25, blended
together with the department of Planning's rules and procedures and its
connection to HRS Chapter 205 and Chapter 91, which is a contested case. So,
I'm going to say that nicely. Please. Let's hope that this Administration elevates
that. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo?
MR. KANEALI`I-KLEINFELDER: Chair, can I?
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Hawaii County Council-6 February 17,2021
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Jeff, thank you for being here;
Zendo and—what is your name, sorry?
MS. JACKSON: Maija.
MR. KANEALI`I-KLEINFELDER: Maija. Thank you. So, I read this over last
night, and I read through the minutes. And I found your minutes of the
commission meeting is very interesting. We're discussing—it was like
Camerois it Bobby Camero?
MR. DARROW: No, that's one of our planners that was assigned to this—
Tracie-Lee Camero.
MR. KANEALI`I-KLEINFELDER: Tracie-Lee Camero. So, Tracie stated this
bill would allow for a decision and for a longer time period before a decision was
made. And I didn't understand that but I'm reading it today. The 60 days, instead
of"with the acceptance of a use permit application," it's switching to "following
the close of public hearing,"which is going to extend.
MR. DARROW: Right.
MR. KANEALI`I-KLEINFELDER: Correct? Okay. The section that's
removed, "together with any conditions imposed upon a use permit approval,"
what happens to the conditions? If we're forced to either deny or approve within
that certain timeframe in the bill—Section (a) on the very bottom, there's a
deleted section—what happens to the conditions if there were conditions by the
commission that were imposed upon the use permit?
MS. LEE LOY: They're not satisfied.
MR. KANEALI`I-KLEINFELDER: Well, if it's automatically approved—Sue
answered my question: They're not satisfied. But if they're automatically
approved because they've gotten past the timeframe, the 60 days, do the
conditions that were put forth by the commission move forward?
MS. LEE LOY: Chair?
MR. KANEALI`I-KLEINFELDER: I'm asking the Director. Thank you.
MS. LEE LOY: I just want to bring some clarity or point of information to that.
MR. KANEALI`I-KLEINFELDER: That's wonderful but I'd like to ask
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Hawaii County Council-6 February 17,2021
MS. LEE LOY: I think you're asking it incorrectly, which is what is making it
challenging for them to answer that.
CHR. DAVID: Okay, Ms. Lee Loy, let Mr. Darrow answer and then I will go to
you for the explanation.
MR. DARROW: I just think that they took this out because of the fact that the
commission could either deny or approve. So, there may be conditions; there may
not be conditions. But depending this section was having to do, basically, with
the timing issue as well as what the decision would be within that time period.
So, if it is approved, there will be conditions added to it. If it's denied, there are
no conditions.
MR. KANEALI`I-KLEINFELDER: If there were conditions that were put forth
by the commission but there was a toss-up at the commission level and there was
no decision reached and it moved forward, there'd be an automatic approval
deadline in this case. What happens to the ?
MR. DARROW: There are no conditions.
MR. KANEALI`I-KLEINFELDER: There would be no conditions.
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: So, anything that was wanted by the
community or the commission would just be washed.
MR. DARROW: And that's
MR. KANEALI`I-KLEINFELDER: That seems to beI don't know if I like that
part. I mean, I'm just being honest.
MR. DARROW: Yeah, we agree. We don't like it either. That's why
MR. KANEALI`I-KLEINFELDER: Is it required by HRS that we have to put
this wording in here?
MR. DARROW: Well, the problem is that if we get to a situation where there's
an automatic approval that happens, it's just a fact that happens and we cannot
change. We cannot go in and add conditions to it because a decision was not
made by the commission within a timely manner and, therefore, it's just
approved. And again, that's exactly what happened in 2008. And since then, we
haven't had that happen again. But in the likelihood of that happening, with the
added time it's much less likely to happen now that there is more time for the
commission to make a decision.
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Hawaii County Council-6 February 17,2021
And again, I would agree that I think our main focus right now is to try to get our
County exempted from this law so that we're not even under the automatic
approval law.
MR. KANEALI`I-KLEINFELDER: Okay. Use permits. There's two different
sections. Special permits is 205. Correct? HRS 205. And use permits is
91-13.5.
MR. DARROW: Well, use permits actually fall under the Zoning Code, which is
the sections it's referencing. Chapters 25 to 60, on to 67, I believe.
MR. KANEALI`I-KLEINFELDER: I'm sorry, that's the HRS sets standards
for.
MR. DARROW: The HRS is the automatic approval, which is related not just to
use permits. It's actually related to business or development-related permits,
licenses, or approvals.
MR. KANEALI`I-KLEINFELDER: Okay. We talked about that pretty
substantially last time, yes?
MR. DARROW: Yeah.
MR. KANEALI`I-KLEINFELDER: Okay. And that was Section 91-13.5, yeah?
MR. DARROW: Yes.
MR. KANEALI`I-KLEINFELDER: So, we have in front of us an ordinance, and
we're talking about wanting to remove ourselves from the automatic approval,
which is done by ordinance.
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: So, I'm just going to ask the question: Why
aren't we, by ordinance, exempting ourselves out from that section within this
bill?
MR. DARROW: That's our question too.
MR. KANEALI`I-KLEINFELDER: Well, if that is your question, then we have
the same question. But why is it in front of me, and why are we not talking about
it?
MR. DARROW: We've asked for clarity on that from our Corporation Counsel
to be able to identify whether we can do it in an ordinance such as this, or if it has
to be an ordinance that is similar to the resolutions and ordinances that Council
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Hawaii County Council-6 February 17,2021
brings forth to be able toa separate ordinance that exempts the County because
it would not just be related to this permit process. It would be related to all the
permit processes related to HRS 91-13.5.
MR. KANEALI`I-KLEINFELDER: Okay. And then, as we heard from
MR. DARROW: So,just adding it in here would only apply to this, but it really
needs to be something that appears to be far more reaching.
MR. KANEALI`I-KLEINFELDER: Okay. So, you're saying this is not the
correct place for that.
MR. DARROW: It could be. Again, I'm
MR. KANEALI`I-KLEINFELDER: Waiting for Corp. Counsel.
MR. DARROW: Yeah.
MR. KANEALI`I-KLEINFELDER: Okay. And then Elizabeth—Ms. Strance
basically said she's not quite ready to make a decision yet. Do we want to
would it be better to postpone this until there's a decision reached by Corporation
Counsel? Is there a push for this to be ?
MR. DARROW: I believe the push more is the timing factor, extending the time
to make a decision. In doing so, that would, again, lessen the possibility of the
automatic approval actually happening again. As soon as there is an ordinance
passed that exempts it, we can come right back with a simple amendment to
change this to automatic denial.
MR. KANEALI`I-KLEINFELDER: What is the time required to get a contested
case hearing put in and have it come before—or at least be able to be pending
before the commission?
MR. DARROW: So, what happens is the applicants are required to send out
notification to surrounding property owners within a particular distance, given the
type of permit. Within that notification, there's information that says if they are
opposed to this project, they can file a petition for standing in a contested case.
The form is also included in the mailing. So, it's included in the first mailing,
which informs them that the applicant is submitting an application for this
particular action. And then it's in the second mailing, which informs the
surrounding property owners of the time, location, and place of the hearing. The
time and date and location of the hearing.
MR. KANEALI`I-KLEINFELDER: Okay, so, let's talk just for reference, for
an example, then, for me so I can wrap my head around it. We had the tower in
Kurtistown. Community was really outspoken against it; didn't like it at all. So,
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Hawaii County Council-6 February 17,2021
previous to the hearing that I attended, there would have been two letters sent to
the community. If anyone within that—was it 500 feet of the TMK (Tax Map
Key) itself?
MR. DARROW: Correct. Well, that was a use permit. So, I believe it I can't
recall if it was 300 or 500, but most likely 300.
MR. KANEALI`I-KLEINFELDER: But they all would have received a letter?
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: And then a second letter. And then they
could have filed that paper with
MR. DARROW: Filed the contested case.
MR. KANEALI`I-KLEINFELDER: Who do they file it with?
MR. DARROW: It would come to the Planning Department. It has to be filed
prior to seven days before the first hearing on the matter. And so, if there's a
hearing on the matter without them filing, they cannot file after that.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. DARROW: It has to be filed within prior to seven days before that first
hearing.
MR. KANEALI`I-KLEINFELDER: Okay. So, there's actually a pretty
substantial amount of time involved. And then, following the hearing, 60 days.
So, there's really no ability for someone to put in for a contested case hearing
once the public hearing has been closed or once it begins?
MR. DARROW: Once it begins.
MR. KANEALI`I-KLEINFELDER: Once it begins.
MR. DARROW: Yeah.
MR. KANEALI`I-KLEINFELDER: So, that day.
MR. DARROW: Well, no, it's seven days prior to that day they have to submit it.
MR. KANEALI`I-KLEINFELDER: Oh, to be agendized.
MR. DARROW: Right.
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Hawaii County Council-6 February 17,2021
MR. KANEALI`I-KLEINFELDER: Okay. I yield for now, Chair. Thank you.
Thank you, Jeff.
MR. DARROW: Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy, would you
like to expand? Thank you.
MS. LEE LOY: Yeah, thank you. And again, I'm reminded of how complex this
process is. There's a lot of triggers just with the submittal of an application.
There's a trigger as we go to a hearing. There's a trigger after the hearing
because that's an appealable decision. It's just layers and layers of checks and
balances. And so, please, let's get to an audit so that we can put these family of
codes together to provide a bright line of understanding and process for the
community. Chair, I yield.
MR. DARROW: If I could just
CHR. DAVID: Thank you, Ms. Lee Loy. Go ahead, Mr. Darrow.
MR. DARROW: Sorry, Chair.
CHR. DAVID: That's okay.
MR. DARROW: The Director and I have had many conversations on this, and
usually it's right after one of our meetings here. The first thing that we're
focusing on priority is General Plan amendment and then that is going to drive the
comprehensive Zoning Code and Subdivision Code change. So, we're with you
on that. We've just got to get through that first part.
But in the meantime, if there's the reason why this came forward so quickly is
because we just had a challenge through a telecommunication tower application,
and this—even though our rules were correct, the Code was incorrect and they
were able to identify that incorrect area and use that to their advantage. But then
after that, we find that there's a section in HRS that actually now says that we
have to bring it to hearing within 60 days. So, we're going to be coming back
shortly after to amend our Code for telecommunication towers.
Sometimes, the public thinks that there's something going on behind the scenes,
but we're just trying to follow the law. And the law right now has made it clear
that they're prioritizing these types of permits.
CHR. DAVID: Thank you, Mr. Darrow. Anyone else in Hilo before I come back
to Kona?
MS. KIERKIEWICZ: Chair, I just want to wrap up the discussion here.
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Hawaii County Council-6 February 17,2021
CHR. DAVID: Thank you.
MS. KIERKIEWICZ: First, mahalo to Planning Department for being available
and providing additional details and clarity for this complex bill that is before us.
And if memory serves me, we're here because it's a housekeeping measure. We
need to get this work done and move it forward so that our Code is in alignment
with our planning commission rules and procedure.
I do appreciate the discussion on wanting to address the automatic approval and
denial issue but disagree that this is the vehicle to get it done. I'll work directly
with Deputy Director Darrow and our Corporation Counsel, I believe John Mukai,
on that and bring forward a measure in the next few months that I think we can all
consider. So, hoping that we can move this bill forward to second reading
because it is something that the Planning Department needs to have happen.
Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz.
MR. CHUNG: Maile?
CHR. DAVID: Oh, go ahead, Mr. Chung.
MR. CHUNG: Yeah. I'm going to be voting in favor of this, moving it on to
second reading. But I just want to go on record as stating that I've had some
concerns with this from the very beginning, not major concerns. And it's not I
know you guys are doing things—well, it's a well-intentioned motivation that is
spearheading all of this, but I still have to understand. I'll talk to you and Zendo
later on about this. You made a comment about how the rules are correct but our
ordinance is not. That's what kind of causes me a little bit of short-circuiting,
yeah, in my brain because the rules have to be in compliance. It follows the
ordinance. It doesn't drive the ordinance. But that's where I want to talk to you
guys. But I'm certainly in favor of moving this ahead, though. Thank you.
CHR. DAVID: Thank you for that, Mr. Chung. Anyone else in Hilo before I
close it out?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Just a quick one. Mrs. Strance,
if you could please provide your opinion on whether or not this bill would be an
acceptable vehicle for what we're discussing. And just coming from some of the
testifiers and what I've learned over the past two hearings for this, I want to know
if this bill is an acceptable body for an ordinance that would be an automatic
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Hawaii County Council-6 February 17,2021
denial if we so chose. Because, I think that would substantially change the way
this bill could be written and would push for some amendments that need to be
done before next reading.
So, I'd really like to hear your opinion on that, and dig in a little bit because I
have a feeling that if it's prescribed by ordinance, this is the ordinance. And I
think some very simple language changes could affect what I think the
community is asking for, as well as some of the reservations that I feel about this
bill. I am not completely opposed to this bill the way it is. I just want to know
from your point of view, given that you understand law better than I do, how we
can and how we should move forward with this.
MS. STRANCE: Thank you, Council Member. I'm not prepared to provide an
opinion. I'm happy to do that research and provide it, but I'm not prepared to
give that advice today.
MR. KANEALI`I-KLEINFELDER: That's completely acceptable. I understood
that from your previous comment. I just wanted to make sure that you understand
where I'm coming from and help me get where I want to go.
MS. STRANCE: Understood.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. On that, I'm going to
close discussion and just make a couple comments before I take the vote. And
that is thank you, Mr. Darrow, Director Kern, for the explanation of this definitely
complicated issue. Seems like a simple measure, but it is tied to different
processes. I understand that. And so, I believe I have no issues at this point.
Given your explanation of what needs to happen and also what Ms. Lee Loy
refers to, I understand that coordinating everything is something that can happen
in one ordinance. And I totally understand that in being exposed to processes
along the way. It's not a quick fix, but we have to do it mindfully, and we have to
make sure that all of our rules are in sync with each other. So, I see this as an
opportunity of getting this one done. There's many more. So, I thank you for the
explanation and your diligence in trying to bring some clarity on this. And I will
be supporting this measure. So, Council Members, all those in favor of approving
Bill 5 at first reading, please say "aye."
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Hawaii County Council-6 February 17,2021
Vote on Bill 5: The motion to pass Bill 5 on first reading and adopt
(Approved) Planning Committee Report No. 8 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: This moves forward to second reading with a positive
recommendation. Thank you, Corp. Counsel.
Bill 10: AMENDS ORDINANCE NO. 09-131 WHICH RECLASSIFIED LANDS FROM
PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED —
20,000 SQUARE FEET (MCX-20) AT KAT, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY: 7-2-005:001
(Applicant: Palamanui Global Holding, LLC) (Area: 29.920 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment, which would allow a five-year extension to comply with
Condition E(Secure Final Subdivision Approval). The property is located
northeast of the Kona International Airport at Keahole, between Queen
Ka`ahumanu Highway and Makalei Estates Subdivision.
Reference: Comm. 50
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-9
Motion to Approve: Mr. Inaba moved to pass Bill 10 on first reading and adopt
Planning Committee Report No. 9. Seconded by
Ms. Kierkiewicz.
CHR. DAVID: Mr. Inaba.
MR. INABA: Yeah, we had Bill 11 yesterday in Committee. Bill 10 is a pretty
straightforward, simplified bill, and we didn't really have too much discussion
two weeks ago. So, I will be supporting this bill_ Mahalo.
CHR. DAVID: Mahalo, Mr. Inaba. Anyone else in Hilo? Comments? No? All
right. No one else in Kona? All those in favor of approving Bill 10 at first
reading and forwarding it to Council with a positive recommendation, I mean,
forwarded to second reading, say "aye."
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Hawaii County Council-6 February 17,2021
Vote on Bill 10: The motion to pass Bill 10 on first reading and adopt
(Approved) Planning Committee Report No. 9 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Bill 12: AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5
AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,
AS AMENDED), RELATING TO DEFINITIONS, USE PERMIT
REQUIREMENTS, PARKING REQUIREMENTS, AND ZONING DISTRICT
REGULATIONS FOR MEDICAL CLINICS AND MASSAGE,
ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH
SERVICE FACILITIES
The Leeward and Windward Planning Commissions forward favorable
recommendations for this amendment to the Zoning Code, which clarifies the
definition of medical clinics and personal services establishments, and identifies
zoning districts where such facilities would require a Use Permit.
Reference: Comm. 52
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-10
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 12 on first reading and
adopt Planning Committee Report No. 10. Seconded by
Mr. Inaba.
CHR. DAVID: Is there any discussion, Ms. Kierkiewicz?
MS. KIERKIEWICZ: Chair, Deputy Director Darrow does have some comments
that he wants to offer up.
CHR. DAVID: Thank you very much. You may proceed, Mr. Darrow.
(Note: At this time, Deputy Planning Director Jeffrey Darrow came
forward to address the members of the Council, via videoconferencing
from Hilo.)
MR. DARROW: Thank you, Chair David. I just wanted to correct the record. At
our last meeting, I had made references to a use special permit that Ms. Stephanie
Bath had submitted to the Planning Department. It was my understanding that it
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Hawaii County Council-6 February 17,2021
was a detached structure. But in further discussion with Mrs. Bath, she had
informed me that it was actually within the residence and that, in the future, she
was considering an addition to her residence as part of the permit.
When we did speak about the bill last time at the Committee hearing, we did also
talk about the difficulties that an applicant faces when they try to get a permit for
a particular use, a commercial-type use within their dwelling. And so, I had a
long discussion with Mrs. Bath, as well as spoke with Department of Public
Works and they had informed me that there has been a change in their Code,
although I'm not sure. It sounded like it was in transition, but it was they were
talking about a work-to-living change where they would allow a particular use
within the residence through a change of use. But there were still pretty strong
requirements both from Building's side, as far as fire rating and those types of
parts of the permit, as well as Fire requirements that had to do with to the extent
that it may require fire sprinklers.
So, they—again, the information that we try to provide the applicant is, before
they would submit, that they take the time to go meet with these particular
agencies to make sure that they can move forward with their application through
the permitting processes beyond just receiving approval through a use permit or a
special permit. But there has been changes in both HRS as well as in Code to
kind of loosen it. It appears to allow these types of uses within residences. Thank
you.
CHR. DAVID: Thank you very much, Mr. Darrow. Anything else from Hilo?
Any other comments? No? You don't have ?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Oh, go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you for working with Mrs. Bath.
She's wonderful and she's been around since the beginning of the PCDP (Puna
Community Development Plan) and just a great community member. And she's
been struggling with the permit situation and trying to have a massage clinic in
her house or in the attached structure, and she along with many others. So, I'm
glad that you are taking the time to discuss this with her and help her find
solutions because I feel rather stuck from my position, given what's set forth by
HRS. So, thank you. I appreciate that, Jeff.
MR. DARROW: Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, then, all those in favor of approving Bill 12 at first reading,please say
Ic aye.
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Hawaii County Council-6 February 17,2021
Vote on Bill 12: The motion to pass Bill 12 on first reading and adopt
(Approved) Planning Committee Report No. 10 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Before we move on to "Order of the Day," can we take a five-
minute recess, please? Thank you. We're in recess.
Recess: At 10:56 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:05 a.m.
CHR. DAVID: Mr. Clerk, can we proceed with "Order of the Day, Second and
Final Reading," Bill 6?
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 6: AMENDS ORDINANCE NO. 10-32 WHICH RECLASSIFIED LANDS BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY
RESIDENTIAL— 1,000 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY
RESIDENTIAL— 1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY
RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5) AT KUKUAU 1sT, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-4-025:048, 053 AND 080
(Applicant: Ikaika Ohana; formerly Giampaolo "Paul" Boschetti) (Area: 5.5 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow revisions or time extensions to five conditions
to the existing change of zone ordinance. The new applicant proposes to build a
64-unit affordable housing development with a community center and garden,
laundry facilities, and a 116-stall parking lot, to be located on Kapiolani Street
across from the Police Department's Hilo Headquarters.
Reference: Comm. 18
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: January 20, 2021
Postponed: February 3, 2021
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Hawaii County Council-6 February 17,2021
(Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to
approve Bill 6.)
CHR. DAVID: Thank you, Mr. Clerk. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. At our last Council meeting when this
was before us, my esteemed colleague from Hilo, Vice Chair Aaron Chung,
referred to testimony that had come in from Pat Tummons (See Comm. 18.2)
related to egress. And so, I put together a meeting with the applicant, Planning
Department, and Public Works to review the testimony that was submitted and
really think through if this would be—what kind of impact it could potentially
have on the project. So, I'm going to let Deputy Director Jeff Darrow kind of
take the lead on recapping that discussion. But I do want to note that the
applicant is also available to Zoom and contribute to the discussion.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Darrow, go ahead.
(Note: At this time, Deputy Planning Director Jeffrey Darrow came
forward to address the members of the Council, via videoconferencing
from Hilo.)
MR. DARROW: Thank you, Chair David. Again, Jeff Darrow with the Planning
Department. We did have a meeting to discuss this with Director Rodenhurst as
well as Council Member Kierkiewicz regarding the request to cut off
Kukuau Street or make it just an emergency access. The difficulty with that in
this particular project is if we limit the access to Kapiolani Street alone, it's
already required to be a right-in and right-out. And so in discussions, what that
would cause is actually worse traffic for the particular project because people
would have to they could not turn left in on Kapiolani. They would have to go
around the block and then somehow to do a U-turn or do something to be able to
get into the project. They do need Kukuau to be able to do the left turns in or the
right turns coming from Komohana.
The Director for Public Works did look at the traffic studies and it is sufficient. It
doesn't overwhelm the area as far as the studies that were done. From a planning
standpoint, we would agree that it would be more appropriate to keep the Kukuau
access in place, especially given the fact that Kapiolani is a right-turn in, right-
turn out only.
MS. KIERKIEWICZ: Thank you, Mr. Darrow. I appreciate you,
Director Rodenhurst, and the applicant for making the time to review, really
consider what was being brought forward and come to a conclusion, which is the
ordinance before us is more than satisfactory. And so, hopefully, Vice Chair
Chung, the work that we've done satisfies the discussion. Thank you. I yield.
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Hawaii County Council-6 February 17,2021
MR. CHUNG: Yes. And thank you, Jeff and Director Rodenhurst, for following
up on that. As I've stated the last time, that concern was raised by a constituent
and it wasn't an unreasonable concern. It's not to say that every concern that
comes up I'm going to ask for a deferral. But it really was sensible in my view, or
not—it wasn't without any sense, let's just put it that way. But I did explain to
that person. I went to her home and I said that I'm not an engineer, and I've left it
in the hands of our engineering team, and whatever they come up with I will defer
to. And I think she understood that. So, that being the case, I'm going to support
this.
But I've got to say, though, I don't think that havingI think having right-turn in
and right-turn out only at Kapiolani isn't a wise move. That's just my thought. I
don't know what's driving that. And I've got to disagree with you, Jeff, in the
sense that if we allow a freer access over there, I don't see how people are going
to go and turn around in other areas to come back because all they've got to do is
wait at that intersection and, whether they're going to turn left or right, you just
go in.
I'm thinking that theI know that there's added traffic since the
Kapiolani Extension was developed, but not so much so that it would render
having a freer flow off of Kapiolani. I think it's more driven by the Police
Department, but I never see those guys coming out with their blue lights anyway
from their building. So, I really don't see a big problem. I think it is going to
create more traffic on Kukuau because that's going to be the freer access. But if
our professionals have said that it's the way to go, then I'm going to defer to it.
Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else in Hilo? No? Anyone in
Kona? Seeing none, all right. All those in favor of approving Bill 6 at second
and final reading, please say "aye."
Vote on Bill 6: The motion to pass Bill 6 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David–9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you, Mr. Clerk. Thank you, Mr. Darrow.
Page 40
Hawaii County Council-6 February 17,2021
Bill 13: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Reappropriates lapsed fuel tax funds from past fiscal years by establishing the
following program appropriation to the Capital Budget:
Kawailani/P6hakulani/Ainaola and Kawailani/`Iwalani Traffic Signals Engineering
Project($10,546.40).
Reference: Comm. 59
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 3, 2021
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 13: Mr. Kaneali`i-Kleinfelder moved to pass Bill 13 on second
(Adopted) and final reading. Seconded by Mr. Inaba and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Bill 14: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Appropriates the seventh increment of the fuel tax revenues established by
Resolution No. 504-08 to the following programs: Roadway Projects -
Engineering ($1.7 million); Bridge Inspection, Repair and Replacement Program -
Engineering ($1.2 million); and Local Road Improvements - Highways
($2.9 million).
Reference: Comm. 60
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 3, 2021
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
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Hawaii County Council-6 February 17,2021
Vote on Bill 14: Mr. Kaneali`i-Kleinfelder moved to pass Bill 14 on second
(Adopted) and final reading. Seconded by Mr. Inaba and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Bill 15: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Appropriates excess fuel tax revenues collected pursuant to Ordinance 19-7 to the
following programs: Roadway Projects ($27,420.13); Bridge Inspection/Repair
($18,280.08); and Local Road Projects ($45,700.21).
Reference: Comm. 61
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 3, 2021
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 15: Mr. Kaneali`i-Kleinfelder moved to pass Bill 15 on second
(Adopted) and final reading. Seconded by Mr. Inaba and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-6 February 17,2021
Bill 19: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
(Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2021
Appropriates revenues in the following Federal —Workforce Innovation and
Opportunity Act(WIOA) Disaster Recovery Dislocated Worker Grant(DWG)
accounts: Employment($67,000) and Education/Training ($447,988); and
appropriates the same to the following WIOA Disaster Recovery DWG accounts:
Employment Administration/Planning ($6,700), Employment($60,300),
Education/Training Administration/Planning ($44,798), and Education/Training
($403,190). Funds would be used to assist dislocated workers by providing
disaster relief and humanitarian assistance employment in Hawaii County.
Reference: Comm. 92.2
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 3, 2021
Vote on Bill 19: Mr. Kaneali`i-Kleinfelder moved to pass Bill 19, Draft 2,
Draft 2 on second and final reading. Seconded by Mr. Inaba and
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Bill 20: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2021
Appropriates revenues in the Federal Grants —Economic Development
Administration (EDA) Economic Adjustment Assistance Disaster Recovery
Program account($2,251,163); and appropriates the same to the EDA Economic
Adjustment Assistance Disaster Recovery Program account. Funds would be used
towards a Puna Wastewater Statement to conduct a comprehensive Programmatic
Environmental Impact Study, and for a North Kona Sewage Pump Station and
Force Main Project.
Reference: Comm. 102
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 3, 2021
Page 43
Hawaii County Council-6 February 17,2021
Vote on Bill 20: Mr. Kaneali`i-Kleinfelder moved to pass Bill 20 on second
(Adopted) and final reading. Seconded by Ms. Kierkiewicz and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
PC-7 NOMINATION OF MATTSON DAVIS TO THE BOARD OF APPEALS
(Comm. 97):
Requires Council
Confirmation by: February 21, 2021 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-7: Ms. Villegas moved to adopt Planning Committee Report
(Adopted) No. 7. Seconded by Mr. Inaba and carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
GOREDC-5 NOMINATION OF CHARLES KUNZ TO THE MERIT APPEALS BOARD
(Comm. 93):
Requires Council
Confirmation by: February 21, 2021 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-6 February 17,2021
Vote on Mr. Inaba moved to adopt Governmental Operations,
GOREDC-5: Relations and Economic Development Committee Report
(Adopted) No. 5. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
GOREDC-7 NOMINATION OF KELLY VALENZUELA TO THE BOARD OF ETHICS
(Comm. 95):
Requires Council
Confirmation by: February 26, 2021 (Section 13-4(k),
Hawaii County Charter)
Motion to Approve: Mr. Inaba moved to adopt Governmental Operations,
Relations and Economic Development Committee Report
No. 7. Seconded by Ms. Villegas.
CHR. DAVID: Any discussion?
MR. RICHARDS: Chair? Richards.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: For the same reason with Ms. Self, I'm going to recuse myself
on this one.
CHR. DAVID: Thank you very much.
MR. RICHARDS: With your permission.
CHR. DAVID: All right. Thank you. Of course. All right, all those in favor
please say "aye."
Page 45
Hawaii County Council-6 February 17,2021
Vote on The motion to adopt Governmental Operations, Relations
GOREDC-7: and Economic Development Committee Report No. 7 was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Richards — 1.
PRPSC-12 NOMINATION OF KATHLEEN LASSITER TO THE POLICE COMMISSION
(Comm. 96):
Requires Council
Confirmation by: February 26, 2021 (Section 13-4(k),
Hawaii County Charter)
Vote on PRPSC-12: Mr. Richards moved to adopt Parks and Recreation and
(Adopted) Public Safety Committee Report No. 12. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
CHR. DAVID: Before we leave, Mr. Chung, I need a motion from you.
MR. CHUNG: What can I do for you?
Page 46
Hawai`i Count}' Council-6 February 17, 2021
CHR. DAVID: I'd like you to move to announce that it's your birthday so we can
all say happy birthday to you.
MR. CHUNG: Aw, come on. I told you it was a medical reason, right? Old age.
CHR. DAVID: I believed until somebody set me straight. So, we want to wish
you a very happy birthday, Aaron, and thank you.
MR. CHUNG: Thank you, Maile.
ADJOURN- There being no further business, at 11 :21 a.m., Mr. Chung moved to adjourn the
MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball. Lee Loy, Richards, Villegas,
and Chair David —9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you, everybody. Have a great day. We're adjourned.
Council Approval: MAR 1 7 2021
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