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HomeMy WebLinkAboutMIN PWMTC 2021/09/21 2020-2022Committee on Public Works and Mass Transit 11th Session West Hawaii Civic Center 74-5044 Ane Keohokdlole Highway, Building A Kailua-Kona, Hawaii September 21, 2021 CALL TO The regular meeting of the Committee on Public Works and Mass Transit ORDER: was called to order at 10:30 a.m. in the Council Chambers, Kona, by Ms. Susan L. K. Lee Loy, Chair. ROLL CALL: Present: Ms. Susan L. K. Lee Loy, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair (via videoconference from Hilo, came in later) Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Mr. Holeka Goro Inaba, Member Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Heather Kimball, Member Mr. Herbert M. "Tim" Richards, III, Member (came in later) Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The Chair called Dwight Vicente, who registered to speak in regards to Res. 195-21 (Comm. 374), and came forward when called. CHR. LEE LOY: With that, I'll be closing public testimony. Relley, could I check? On my notes here, I have Kevin Perry as the applicant, or the applicant's representative. Is he available in our Zoom? MR. ARACELEY: Madam Chair, he is not in your Zoom room. CHR. LEE LOY: Okay, no worries. Thank you. With that, Mr. Clerk, please resolution for the day. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. (There were none.) PWMTC-11 September 21, 2021 Res. 195-21: ACCEPTS THE DEDICATION OF ROADWAY LOT 58, KIKAHA AT WEHILANI, PHASE 1, BEING IDENTIFIED AS TAX MAP KEY: 6-8- 037:058, SITUATED AT WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM CASTLE & COOKE WAIKOLOA, LLC, A HAWAII LIMITED LIABILITY COMPANY The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 374 Intr. by: Ms. Lee Loy (B/R) Motion to Approve: Mr. Richards moved to recommend adoption of Res. 195-21. Seconded by Mr. Inaba. CHR. LEE LOY: To my colleagues, we also have in our pinky folder Communication 374.1, which is a request to withdraw; but since the development of this letter, there has been some other conversations. And so, I actually want to call Judge Strance forward. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee. CHR. LEE LOY: The resolution itself attaches some exhibits, and after further review of those exhibits, Corporation Counsel has found some need to adjust those exhibits, so they'll be working with the applicant. So Judge Strance, if you don't mind bringing us up to speed with Resolution 195 and the attached exhibits. MS. STRANCE: May I remove my mask? Good morning. Elizabeth Strance, Corporation Counsel. We've requested some extension of time before this matter is fully considered by the committee. You may have noticed in the exhibits that there are a number of encumbrances associated with the dedication. I'd like to have a little bit more time to look at those to further evaluate whether they are appropriately accompanying a dedication to the County. So you can see that they're subject to CC&Rs (Covenants, Conditions and Restrictions) and a number of other association -type of restrictions and easements, and so we just want a little bit more time to review those. If they're appropriately there, they'll stay there; if they're not, we will be requesting amendment to the resolution. We've reached out to Cooke (Castle & Cooke Waikoloa, LLC) to let them know that we want to have further conversation about that. So we're just asking for a little bit more time. I know it's been around for a while. I had some concern that the packet that has accompanied the resolution referenced Exhibits A and B, but they weren't attached. We just want to dot our Page 2 PWMTC-11 September 21, 2021 is and cross our is before the matter gets placed back, before the Council, and that we can feel a little more confident that it's in the form that it should. I do apologize, it may be an issue of a change in administration, and my being a little more, I don't want to say paranoid, but at least careful and knowing what we're asking the County to sign onto. CHR. LEE LOY: Thank you, Judge Strance, and thank you for being so thorough. I do also want to point out to my colleagues, attached to the resolution are letters from the various agencies: Water Department, Planning Department, Environmental Management, and Public Works, which have no objections, and often times, these are done to satisfy conditions of zoning, so they're also looking at it from their lens, too. But with that, what I did hear is the administration asked for an extension of time, and so if I don't—if anyone has any questions, go ahead and take them now. But I will be entertaining a motion to postpone Resolution 195-21 to October 19th. Any questions? Ms. Kimball. MS. KIMBALL: Chair, just point of information. Are we postponing or withdrawing at this point? CHR. LEE LOY: Based on my conversation with Judge Strance, it would be postponed. The resolution itself is a viable document. It's the attached exhibits that are not. And so if we do have to amend it, we would amend to a Draft 2 with the appropriate attached exhibits. MS. KIMBALL: Thank you for the clarification. I'll make the motion to postpone. Vote on Motion Ms. Kimball moved to postpone Res. 195-21 to to Postpone: October 19, 2021. Seconded by Ms. David and carried (Approved) by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kdneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair Lee Loy – 9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (There were none.) Page 3 PWMTC-11 September 21, 2021 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (There were none.) CHR. LEE LOY: I think that's it. We're at the end of our agenda. Please, a motion to adjourn? ADJOURN- There being no further business, at 10:40 a.m., Ms. Kimball moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kdneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair Lee Loy — 9. Noes: None. Absent: None. Excused: None. CHR. LEE LOY: Mr. Clerk, our meeting is adjourned at 10:40 a.m. Ms. u L. K. Lee y, C a' (Date) Public Wor and Mas Trans mitt SL/na Page 4