HomeMy WebLinkAboutMIN COUNCIL 2022-03-23 2020-2022 Hawaii County Council
351h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
March 23, 2022
INVOCATION: Pastor Mel Haug of Bible First Mission Church gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:00 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
Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks 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-35 March 23,2022
Marge Bartelt: Bill 125 (Comm. 642), in support.
Todd Barrett: Bill 112 (Comm. 595); and
(representing West Hawaii Bill 115, Draft 2 (Comm. 601.12), in support.
Association of Realtors)
Sylvia Dolena: Bill 125 (Comm. 642), in support.
Deborah Ward: Bill 125 (Comm. 642), in support.
Wendy Laros: Bill 112 (Comm. 595); and
(representing Kona-Kohala Bill 115, Draft 2 (Comm. 601.12), in support.
Chamber of Commerce) (See Comm. 595.116)
Janice "Loke" Keihanaiku Bill 125 (Comm. 642), in support.
kuakahihuliheekahaunaele- (See Comm. 642.65)
Keanaaina:
Dwight Vicente: Bill 107 (Comm. 575);
Bill 112 (Comm. 595);
Bill 115, Draft 2 (Comm. 601.12); and
Bill 134 (Comm. 656), comment.
CHR. DAVID: Before we move on to "Approval of Minutes," I just wanted to
announce that Corporation Counsel Betsy Strance is available online if anyone
needs to call her.
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
of Minutes: February 23, 2022. Seconded by Mr. Inaba and carried by
(Approved) 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.
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-35 March 23,2022
Res. 328-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT IN THE GEOTHERMAL RELOCATION AND
COMMUNITY BENEFITS FUND TO PURCHASE EQUIPMENT FOR THE
HAWAII FIRE DEPARTMENT'S STATION 10 IN PAHOA
Transfers $300,500 from the Geothermal Other Current Expenses account; and
credits to the Geothermal Fire Equipment account.
Reference: Comm. 641
Intr. by: Ms. Kierkiewicz (B/R)
Approve: FC-108
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 328-22 and Finance
Committee Report No. 108. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I also just want to note, for the record,
I'm not introducing this "by request." This is something that was generated by
our office, and I just want to note that it was by the request of the Fire Department
that and other community partners. We had a robust discussion around these
funds being used to buy SCBA (self-contained breathing apparatus) compression
tanks, other equipment that really do help provide just life-saving apparatus to our
firefighters when they are responding to hazardous events out in the Puna region.
So,just looking for everyone's continued support on this. I believe we have
Chief Okinaka on Zoom or in our Hilo chambers in case anybody else has
technical questions about this. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Council Members, any questions
for Captain Okinaka? Seeing none, all those in favor please say "aye."
Vote on Res. 328-22: The motion to adopt Res. 328-22 and Finance Committee
(Adopted) Report No. 108 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: Okay.
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Hawaii County Council-35 March 23,2022
Res. 330-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES
FOR THREE WASHERS AND THREE DRYERS FOR THE OFFICE OF
HOUSING AND COMMUNITY DEVELOPMENT
Authorizes the Mayor to enter into a seven-year lease agreement with an estimated
monthly cost of$250 for laundry equipment for the Kulaimano Elderly Housing
proj ect.
Reference: Comm. 646
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-109
Vote on Res. 330-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 330-22 and
(Adopted) Finance Committee Report No. 109. Seconded by
Ms. Lee Loy 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.
Res. 331-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF
BUDGET AND FINANCE
Federally-derived funds of$5 million would be used to assist Hawaii County
households that directly or indirectly experienced financial hardship due to the
COVID-19 pandemic and can demonstrate a risk of experiencing homelessness or
housing instability.
Reference: Comm. 648
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-110
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 331-22 and
Finance Committee Report No. 110. Seconded by
Ms. Lee Loy.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALII-KLEINFELDER: These funds have a great impact for our
community, and I fully support this resolution. Thank you.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 331-22, please say "aye."
Vote on Res. 331-22: The motion to adopt Res. 331-22 and Finance Committee
(Adopted) Report No. 110 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.
Res. 332-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII, HAWAII TOURISM
AUTHORITY
Authorizes the Mayor to enter into a three-year agreement to establish the roles and
responsibilities for the implementation of the Hawaii Island Destination
Management Action Plan.
Reference: Comm. 650
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-111
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 332-22 and
Finance Committee Report No. 111. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I like the intention of this resolution. And
I'm hopeful that it really takes into account what local communities are asking for
as far as more direction for our tourists and our visitors. Looking for everyone's
support. Mahalo, Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 332-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 332-22: The motion to adopt Res. 332-22 and Finance Committee
(Adopted) Report No. 111 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.
Res. 333-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT WITH MARSHALL AND SWIFT FOR APPRAISAL
SOFTWARE AND DATA
Authorizes the Mayor to enter into a five-year agreement with a total cost of
$295,235.48 to renew software licenses for the Real Property Tax Division.
Reference: Comm. 651
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-112
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 333-22 and
Finance Committee Report No. 112. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: We do have Lisa Miura here from the Real
Property Tax Division if anyone has questions. I'm comfortable with this
resolution and in moving it forward.
CHR. DAVID: Thank you. Council Members? Seeing none, all those in favor of
approving Resolution 333-22, please say "aye."
Vote on Res. 333-22: The motion to adopt Res. 333-22 and Finance Committee
(Adopted) Report No. 112 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.
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Hawaii County Council-35 March 23,2022
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Yes.
MR. KANEALI`I-KLEINFELDER: I had a request from the department to waive
the five-day reconsideration hold for Resolution 333-22.
Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council
to Suspend Rule 15 to waive the 5-day hold for reconsideration.
Council Rules: Seconded by Ms. Lee Loy and carried by the following
(Approved) 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.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair.
Res. 334-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE
EMPLOYERS AND THE UNITED PUBLIC WORKERS UNIT O1 AND
EMPLOYEES EXCLUDED FROM BARGAINING UNIT O1 FOR THE
CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025
The estimated costs over the four years of the new contract resulting from
across-the-board increases and one-time bonuses would be $13,915,027.
Reference: Comm. 652
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-113
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 334-22 and
Finance Committee Report No. 113. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Ms. Sako is here from the Finance
Department if anyone has questions. I'm okay. Thank you, Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 334-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 334-22: The motion to adopt Res. 334-22 and Finance Committee
(Adopted) Report No. 113 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.
Res. 338-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII
YMCA TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF
KALAMAPII PLAY SCHOOL
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 669
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 338-22. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Just following the lead of Vice Chair Aaron
Chung. He gave a really sizable donation to Kalamapi`i Play School. And we all
heard the testimony from Kim Pierce last session; was really moved about all the
time and attention that is going into the designing,this very therapeutic
educational experience. And just really appreciate all of the work that she is
doing to fill in the gap that's so needed within the childcare space. So, happy to
support this and hoping that everyone will vote favorably as well. Thanks, Chair,
I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none,
Mr. Kaneali`i-Kleinfelder,please shout out if you have something to contribute.
Thank you. All those in favor of approving Resolution 338-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 338-22: The motion to adopt Res. 338-22 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.
Res. 339-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII
YMCA TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF
KALAMAPII PLAY SCHOOL
Transfers $2,087 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 670
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 339-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Just asking for everyone's support.
Ms. Kierkiewicz shared what this money is for, and I'm just helping fill the gap. I
yield.
CHR. DAVID: Thank you. Mr. Richards, go ahead.
MR. RICHARDS: I just wanted to weigh in once on this. The YMCA is doing a
great deal of work for the next generation, helping working families to get things
done. So, I really appreciate my Council Members recognizing the importance of
that. Fully support. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? All right, all those in
favor of approving Resolution 339-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 339-22: The motion to adopt Res. 339-22 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.
Res. 340-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE MOKU `O HAWAII
OUTRIGGER CANOE RACING ASSOCIATION TO HIRE SECURITY WHEN
CONDUCTING ITS PROGRAMS AT HILO BAYFRONT BEACH PARK
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 671
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 340-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. For my colleagues, this is actually really interesting.
Through COVID (coronavirus disease), a lot of our programs were suspended,
including ours down at the canoe hales. And unfortunately, through that
suspension, a lot of activity was happening. And now that the kids are getting
back out and doing their canoe races, there still seems to be a lot of that unwanted
behavior. And so, this funding is to provide it to Moku `O Hawaii, the entire
organization, to provide security for our kids when they're paddling down at the
beach park. I've asked them.
And I want to thank Ms. Kimball right now, who will be advancing another
resolution to match this fund, to use a total amount of$3,000, and collect data so
that they can help the Police Department understand what's going on and what
times some of this activity is happening, or unwanted activity is happening down
at the beach. So, I am asking for my colleagues' support, but I really do want to
thank the canoe association for taking this on, but also helping us write better
legislation that will actually help us down at the beach park and then end up
supporting our kids in the long run. Thank you. I yield.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, as Council Member Lee Loy mentioned, I'll be also
putting forth a CRF (Contingency Relief Fund) of matching funds. And just to
relay an anecdote: We just had our first practice last week, and our head coach
advised the kids, "Don't go to the restroom by yourself." That's kind of the
situation where we're at down there right now. And so, hopefully with this little
infusion to the canoe racing association, we can start to get some information that
will help us address some of the challenges that we have down there that resulted
from the couple years of closure down at the hales. So, thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. And thank you, ladies, for this.
Anyone else? Seeing none, all those in favor of approving Resolution 340-22,
please say "aye."
Vote on Res. 340-22: The motion to adopt Res. 340-22 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.
Res. 341-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE
FOR ITS WELLER HOUSE TRANSITIONAL HOUSING PROJECT
Transfers $6,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of Housing and Community
Development, Transition to Housing Fund account.
Reference: Comm. 672
Intr. by: Ms. David
Motion to Approve: Ms. Lee Loy moved to adopt Res. 341-22. Seconded by
Mr. Richards.
CHR. DAVID: If it's okay with my colleagues, I will go ahead and address this
resolution. Thank you. And I really want to thank and make note of
Regina Weller and her efforts to address our homeless population, especially in
Ka`u. And this money will actually help them secure they've already secured a
house, which was donated by a very generous person. And so, these funds will
help them with the transitional housing project out in Ocean View where it's
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Hawaii County Council-35 March 23,2022
desperately needed. So, I just really ask for your support on this one. Mahalo.
Anyone else? Seeing none, all those in favor of approving Resolution 341-22,
please say "aye."
Vote on Res. 341-22: The motion to adopt Res. 341-22 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: Okay.
Res. 342-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF THE
LIBRARY—WAIKOLOA REGION FOR ITS LITERACY PROJECT
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. 673
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 342-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Yeah, thank you. This has been an ongoing program I've
supported probably as long as I've been in office. And it has to do with literacy
and Friends of the Waikoloa Library. It's an ongoing project. It's a great project.
They start encouraging literacy from birth. So, they start getting a real jump on it.
And I just ask for my colleagues' support. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of approving Resolution 342-22,please say "aye."
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Vote on Res. 342-22: The motion to adopt Res. 342-22 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.
Res. 343-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
A DIGITAL MAILING MACHINE FOR THE OFFICE OF THE COUNTY
CLERK, ELECTIONS DIVISION
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
monthly cost of$35.31, to be used by the division's office at the West Hawaii
Civic Center.
Reference: Comm. 674
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 343-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This resolution was waived to Council to
expedite the funding and expedite getting the machine as well. We do have
Mr. Brown available here in Hilo if anyone has questions. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any questions, Council
Members? Seeing none, all those in favor of
MR. HENRICKS: Madam Chair, I'm sorry.
CHR. DAVID: Oh, I'm sorry.
MR. HENRICKS: If you could just indulge me. I'd just like to make notice that
the West Hawaii Office of Elections has moved. It used to be up where Housing
is. It's now down near where the gazebo is. And we just want to thank Ms. Costa
and everybody here at West Hawaii Civic Center for making that—
Bobby
hatBobby Command, for really helping out. It's a much better location. We're very
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Hawaii County Council-35 March 23,2022
thankful and we think that it not only benefits our office but our voters as well.
So, I just wanted to make that, at this opportune moment, to just make those
comments. Thank you so much.
CHR. DAVID: Thank you for that. And, yes, it is a prime location for the
convenience of our people, for having our Elections Office on the first floor, as
opposed to a flight of stairs. Anyway, okay. All those in favor of approving
Resolution 343-22, please say "aye."
Vote on Res. 343-22: The motion to adopt Res. 343-22 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.
Res. 344-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
TWO BLACK AND WHITE COPIERS FOR THE OFFICE OF THE COUNTY
CLERK, SUPPORT SERVICES DIVISION
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$3,170.
Reference: Comm. 675
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 344-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Again, this item was waived to Council to
expedite the copy machines for Support Services. I don't have any questions. I
yield, Chair.
CHR. DAVID: Thank you. Mr. Clerk, any comment? No? Okay. All right,
seeing none, all those in favor of approving Resolution 344-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 344-22: The motion to adopt Res. 344-22 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.
Res. 346-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Allows for the receipt of$4 million, to be used for the planning, design, and
construction of the public access road to the Kukuiola Assessment Center and
Emergency Shelter.
Reference: Comm. 681
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 346-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: No discussion, Chair. Thank you.
CHR. DAVID: Thank you. Anyone else? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Anyone from Finance or Office of
Housing and Community Development or Mayor in chambers or on Zoom?
MR. KANEALII-KLEINFELDER: Ms. Sako is here in the Hilo chambers.
MS. KIERKIEWICZ: Thank you for that.
(Note: At this time, Housing Administrator Susan Kunz came forward to
address the members of the Council.)
MS. KIERKIEWICZ: Aloha, Administrator Kunz. Great to see you. This was
waived out of Finance, and I totally understand and can appreciate the urgency in
moving on this. Very exciting to be getting $4 million from the DUR(Dwelling
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Hawaii County Council-35 March 23,2022
Unit Revolving) Fund. Could you just talk a little bit more about this? There is
information in the B-52, but just so that the public is aware of this sizable
donation and what it will mean for community.
MS. KUNZ: Sure. And I also want to mention that Sharon Hirota, I believe, is
also on this call. She's been the lead staff in my office on this project.
(Note: At this time, Housing and Community Development Specialist
Sharon Hirota came forward to address the members of the Council.)
MS. KUNZ: Hi, Sharon. So, this particular pot of money was allocated to the
Office of Housing for the planning and the design and construction of this public
road for Kukuiola. We've been working on this project. The previous
Administration had started work on this project, and we've certainly taken on the
responsibility to carry this out. It is a project that will have 16 emergency shelter
units and 48 permanent units onsite with an array of services, is what we intend to
do.
So, we're moving along. We are very close to getting the grading permit. Soil
reports have been submitted. Environmentals have been conducted. So, I believe
that we will probably be breaking ground maybe early May is what we are
anticipating. Thank you.
MS. KIERKIEWICZ: Thank you, Administrator. Ms. Hirota, great to see you.
Anything to add? I know that you've worked so hard on all of this, and I do want
to invite you to just share a little bit about just reflect on your experience in this
process.
MS. HIROTA: Thank you. It's certainly has been a journey in regards to this
project. But we're positively moving forward and looking forward, shortly, to the
breaking of the ground and moving of dirt so we can provide the much-needed
services that is needed in West Hawaii. So, thank you.
MS. KIERKIEWICZ: Thank you for that. And just a little bit of context,
Administrator. The DUR Fund, this is something that each County has an annual
allocation of? Do we apply for it? I mean, how much money is in the pot? Could
you provide those details?
MS. KUNZ: I don't know what's the State's total balance of this pot of money,
but I believe this is a legislative allocation, and the Hawaii Housing Finance and
Development Corporation administers this fund. It is an application. It's not
something that's allocated to the counties. So, Sharon did a lot of work to secure
this money. Sharon, do you have anything else to add on this DUR Fund?
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Hawaii County Council-35 March 23,2022
MS. HIROTA: Yeah, no, it's as you say, that money's allocated by the State
Legislature. But each County, for each project, would need to apply directly to
the State.
MS. KIERKIEWICZ: Thank you, ladies, so much for indulging me in my
questions.
MS. KUNZ: No problem.
MS. KIERKIEWICZ: Madam Chair, I yield. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Villegas, go ahead.
MS. VILLEGAS: Aloha, ladies. Thank you for the great news. Boy, we've been
waiting on bated breath for Kukuiola for years now. I just have a couple of
questions because I did see some news about Senator Schatz being able to allocate
$10 million for Kukuiola, which was also very exciting. And if my memory
serves me correctly, there was another $10 million. Is this 44 million from that
other $10 million that was from a few years ago?
MS. KUNZ: I can speak a little bit to the $10 million that has been awarded to us
through Senator Schatz and Mazie Hirono, Senator Hirono, as well. So, we
worked with both senators from last year to secure this fund. So, the $10 million
is coming down to be applied for planning and design of the vertical construction
of this project. It's going to be a process. We are going to be working directly
with HUD (United States Department of Housing and Urban Development) out of
Washington, D.C. to secure these funds. I'm understanding that this is probably
the first allocation of earmarks that Congress has done in probably about 10 or
11 years.
MS. VILLEGAS: Yeah.
MS. KUNZ: So, it's a new process for everybody. We're hoping to secure this
money before the end of the year so that we can move forward with the vertical
construction and everything kind of falls into place nicely.
MS. VILLEGAS: So, this $4 million is related to a prior allocation. Correct?
MS. KUNZ: Yes. It's totally different pots of money. The $4 million is from the
State. The $10 million is coming out of Congress. There was not any previous
allocation of$10 million. Sharon and I have been vetting questions from the
newspaper, actually recently, about this confusion. I'm not sure exactly where
that's coming from. So, there's this $4 million from the DUR, from the State, that
we've received. There is an allocation of$2 million from the County. And that is
all the pots of money that we have secured so far for the grading and road
construction. And the $10 million would be applied to the (inaudible).
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Hawaii County Council-35 March 23,2022
MS. VILLEGAS: Okay, thank you. And then just in laywoman's terms, to me,
$4 million seems like a lot of money for a road for a project like this. I mean, we
have, currently, legislation at the State for $30 million for widening the highway
to four lanes between Henry and Kamehameha III highways. So, I just am a little
bit curious; $4 million is a lot of money for a road.
MS. KUNZ: Sure. Sharon, do you have details on the breakdown of the
$4 million?
MS. HIROTA: So, the $4 million, when you talk about the construction of a
road, it also includes the grading of the property. So, we had to do the planning
and design and all of that work, but it also includes the grading of the property.
I'm sure you're familiar with the site (inaudible).
MS. VILLEGAS: Yes. Gotcha. Totally. Now, we're taking—we're creating
level playing fields out of a lava field.
MS. HIROTA: Correct. Right.
MS. VILLEGAS: So, that makes more sense than just a road into the lava field.
MS. HIROTA: And we've got to bring in the infrastructure, right.
MS. VILLEGAS: Yes, infrastructure.
MS. HIROTA: So, it ends at Kealakehe Parkway, and we've got to bring it in to
alongside the road to both service our project as well as the future State project
that is mauka of the road. So, it's not just paving the road. It's picking up and
grading to make it—
MS.
tMS. VILLEGAS: Gotcha. It's like preparing all the groundwork when—I like
how you call it"vertical" development versus this is kind of the horizontal
preparation
MS. HIROTA: Correct.
MS. VILLEGAS: In order to add any vertical development to the top of it.
Thank you for clarifying that. That is incredibly helpful just in understanding the
price point. And very hopeful that our own County will be able to process our
grading permits a little bit quicker so we can get this project literally off the
ground. Thank you for answering my questions. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Mr. Inaba, go ahead.
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Hawaii County Council-35 March 23,2022
MR. INABA: Thank you. Beyond this $4 million, you said we have $2 million
of County funds allocated for this specific part of the project as well. Is that
correct?
MS. KUNZ: Yes. So, the $4 million is very much focused on the grading and the
construction and infrastructure for that road. The additional $2 million, because
we're going to have all of the equipment onsite, the developer recommended that
in order to save money, if we could secure the additional funding it would be
smart for us to continue grading the entire site that we plan to do the vertical
construction on. So, that's what we did.
MR. INABA: Okay. And you're confident that this $6 million will get the job
done? This is always the question we have to ask nowadays.
MS. KUNZ: No, I totally agree. We have weekly meetings with our developer,
and it's an ongoing discussion. The concern that has come up and the discussion
that's come up at Council, several meetings already, the concern about rising
costs and all of that is definitely on the table and being discussed. We think that
it's enough—cross our fingers.
MR. INABA: Okay. And then the groundbreaking, hopefully early May. Any
idea when grading might be done?
MS. KUNZ: The developer, I believe is anticipating, right, barring any kind of
other challenges, five to six months is what they're anticipating.
MR. INABA: Okay, that's good news. Thank you so much, Administrator and
Ms. Hirota. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Resolution 346-22, please say "aye."
Vote on Res. 346-22: The motion to adopt Res. 346-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair David–8.
Noes: None.
Absent: Council Member Richards – 1.
Excused: None.
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Hawaii County Council-35 March 23,2022
Res. 347-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTIFUNCTION COPY MACHINE FOR THE MASS TRANSIT
AGENCY
Authorizes the Mayor to enter into a three-year lease agreement with an estimated
monthly cost of$135.47, to be used by the agency's office at the West Hawaii
Civic Center.
Reference: Comm. 684
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Res. 347-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 347-22.
(Adopted) 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.
CHR. DAVID: Thank you.
Res. 348-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWELVE BUSES
FROM THE CITY AND COUNTY OF HONOLULU DEPARTMENT OF
TRANSPORTATION SERVICES
The donation, valued at approximately $50,000, would be used by the Mass Transit
Agency for island-wide public transportation.
Reference: Comm. 685
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
(Note: Comm. 685.1, from Finance Director Deanna Sako dated March 17, 2022,
transmitting proposed amendments to Res. 348-22, was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 348-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. I just think
this is a neat opportunity, and I appreciate the coordination between our own
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Hawaii County Council-35 March 23,2022
department here and the City and County of Honolulu. Used buses are not I
mean, we need buses. So this is, to me, very helpful. So, I will be supporting this
today. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. I do see an amendment in our folder, and if there's
not going to be any more discussion, I would want to move that amendment in.
Motion to Amend: Ms. Lee Loy moved to amend Res. 348-22 with the
contents of Comm. 685.1. Seconded by Mr. Inaba.
CHR. DAVID: Ms. Lee Loy, go ahead.
MS. LEE LOY: This looks like the gift that keeps on giving. We went from 12
to 13. Asking for everyone's support.
CHR. DAVID: Thank you. Mr. Richards, go ahead.
MR. RICHARDS: Yeah, I realize this is an amendment, so I'll speak specifically
to the amendment. I will support that because we know we heard from
Captain Andoh yesterday that this is a stepping stone to get us to where we need
to get. So, I will be supporting the amendment as well as the resolution. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of amending Resolution 348-22 with the contents of
Communication 685.1,please say "aye."
Vote on Motion The motion to amend Res. 348-22 with the contents of
to Amend: Comm. 685.1 was carried by the following voice vote:
(Approved)
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: Back to the main motion. Ms. Lee Loy.
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Hawaii County Council-35 March 23,2022
Vote on Motion Ms. Lee Loy moved to suspend Council Rule 24 to waive
to Suspend the holdover for the substantive amendment of
Council Rules: Res. 348-22. Seconded by Mr. Richards 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.
Vote on Res. 348-22: The motion to adopt Res. 348-22, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Res. 349-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE HAWAII STATE LIBRARY SYSTEM,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO
CONDUCT A FEASIBILITY STUDY TO CO-LOCATE A PUBLIC LIBRARY
AT THE FUTURE PAHOA TRANSIT HUB
The agreement would establish and define the respective roles and responsibilities
of the Mass Transit Agency and the Hawaii State Library System for the
execution of the feasibility study.
Reference: Comm. 686
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 349-22.
Seconded by Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I like this. This actually makes sense. It's
not too often that we actually get really efficient with the way that we look at
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Hawaii County Council-35 March 23,2022
projects, especially when we're going to co-locate both a State facility with a
County facility, all in one, hopefully, smooth move. Mr. Andoh, are you
available, Director?
CHR. DAVID: Administrator Andoh is here and coming to the table.
MR. KANEALI`I-KLEINFELDER: Thank you.
(Note: At this time, Mass Transit Administrator John Andoh came
forward to address the members of the Council.)
MR. ANDOH: Top of the morning, Chair and Council Members. John Andoh,
Mass Transit Agency.
MR. KANEALI`I-KLEINFELDER: Good morning, sir. Thank you for being
here. I reached out to our senator of the Puna area, Senator San Buenaventura,
yesterday and just discussed this with her briefly. And she was wondering where
we stand, what kind of timeline we're looking at, because ultimately there will be
a need for funding as well. What can you tell us about this, the resolution?
Maybe a timeline? Just an estimate of kind of what we're looking at here.
MR. ANDOH: So, as I understand from discussions with the State library system,
they're going to, in essence, cooperate with us with a consultant that will be
studying the Pahoa Transit Hub so we can get the cost savings of that project.
Once that has been identified then we would work with the library system to
ensure that we're on the same page for that site selection. And if we should agree
on that then the library has, I believe, up to a million dollars to help fund the
construction of their portion of that facility for the transit hub, which will help us
in the overall construction. So I say timeline-wise we're looking at a year for the
site selection analysis and environmental assessment. And then once we are able
to procure a site, then hopefully on to construction.
MR. KANEALI`I-KLEINFELDER: Sorry. So, one year for site selection and
environmental assessment? Or one year for site selection?
MR. ANDOH: Yes. One year for both combined.
MR. KANEALI`I-KLEINFELDER: Okay. That is good. We've been working
on this for a long time, for the Pahoa Mass Transit, whatever you want to call it, a
hub or a—it's a bus. What is the terminology for this thing? What would it
actually be?
MR. ANDOH: The Pahoa Transit Hub.
MR. KANEALI`I-KLEINFELDER: Transit hub. Okay. So, I just really like the
ability for us to work with the library system on this because then we're actually
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Hawaii County Council-35 March 23,2022
creating almost like a destination and a really positive hub for our community for
both mass transportation and the use of the library and other services. Do we
have sites that we've already kind of pre-selected? We've talked about this
before.
MR. ANDOH: There are 11 sites that have been provided that will be provided to
the consultant once they get on board. And then they'll be looking at that as it
relates to our transit needs, as well as now with a potential place in the library.
MR. KANEALI`I-KLEINFELDER: And do we have a consultant?
MR. ANDOH: We are in negotiations with that consultant. And hopefully, we'll
have an agreement for them to execute and then we'll be ready to go.
MR. KANEALI`I-KLEINFELDER: Okay. And then, the background on the
B-52, there is a discussion for $350,000 that may be used to supplement County
planning funds?
MR. ANDOH: Yes. So, the library system will kick in 350,000. And as you'll
recall, a month or half ago this Council approved us to receive another hundred
thousand of a TOD (transit-oriented development) grant from the State to help
focus on transit development opportunities as part of our site selection and
environmental analysis. And then, we'll be using the GET (General Excise Tax)
funds for the balance of the site selection and environmental assessment costs.
MR. KANEALI`I-KLEINFELDER: Okay, so we have about$450,000 in grant
funding to use towards a study for finding out the location and what the overall
service would look like for the County?
MR. ANDOH: Yeah, about$450,000 external funds, and then we have our
additional $300,000 GET funds that will be matching that.
MR. KANEALI`I-KLEINFELDER: That's awesome. Okay. Well, I thank you
very much for bringing this forward and for working with the State. They're very
excited, as well as the community. It's a great opportunity. So, I appreciate your
efforts on this, Mr. Andoh. Very well done. I yield, Chair.
CHR. DAVID: Thank you. Anyone else? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Mahalo nui, Chair. Mr. Kaneali`i-Kleinfelder answered or
asked a number of questions that I wanted to raise as well. But I just really
wanted to lend my support to what is happening here. Libraries are really this
connection point for community, and they help to catalyze a lot of creativity and
discovery and collaboration. And we saw during the pandemic that it was a place
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Hawaii County Council-35 March 23,2022
that really served community,providing a place for students to learn, for people to
work, for individuals to network. So, I'm excited about the potential and the
possibilities of this occurring in Puna.
A couple questions for you, Administrator Andoh. We referenced Pahoa but can
you give us a general idea of what the footprint of Pahoa looks like as you kind of
move through this planning process?
MR. ANDOH: I think I would say, like—when you're talking about the footprint
of Pahoa like ideally where we're looking at sites?
MS. KIERKIEWICZ: Correct.
MR. ANDOH: We're looking primarily at sites in the Pahoa Village area.
MS. KIERKIEWICZ: Okay. Are you able to kind of talk about subdivision-
wise? And I know that Planning Director Kern is here too. I don't want to put
you on the spot, but you are named the collaborator. So, why don't you just come
forward.
(Note: At this time, Planning Director Zendo Kern came forward to
address the members of the Council.)
MS. KIERKIEWICZ: I'm just trying to get a sense because can this go as far as,
say, to Ainaloa? I'm just trying to understand what you folks are identifying as
Pahoa, to just kind of hone in and get an idea of where this could be situated.
Thank you.
MR. KERN: Sure. Good morning, Madam Chair, members of the County
Council. Zendo Kern, Planning Director. Thank you for the opportunity. The
ideal area would be within the village area; I would say within a radiusideally,
the bus hub would be located in an area that somebody could get off of the bus
and walk to shopping, to services, to doctors, whatever their needs would be,
without having to cross any major roadways or having to go too far. So, that's
kind of the general nexus of where the ideal location would be.
MS. KIERKIEWICZ: Okay.
MR. KERN: Does that help?
MS. KIERKIEWICZ: It's very helpful. And what comes to mind is like the
Pahoa Shopping Center and Luquins and Longs and Puna Kai. A lot of what
community needs is there, so that helps to kind of pinpoint potential locations.
MR. KERN: Correct.
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Hawaii County Council-35 March 23,2022
MS. KIERKIEWICZ: Okay. Great. And then, I just want clarification on this
particular resolution, this memorandum of agreement. Does this commit us to
co-locating the library at the hub or is this merely to enter into an agreement to
explore the possibilities? I just want to know what we're signing ourselves up
for.
MR. ANDOH: It's merely to enter into an agreement to explore and allow them
to participate in our existing process to build a transit hub. And then, this MOA
(memorandum of agreement)would lay out the next steps if we were successful
in being able to co-locate the library with the transit hub.
MS. KIERKIEWICZ: Got it. And so, as you are preparing the EA
(environmental assessment), it will include sites that may or may not have a
library, for instance. You're looking at all of that.
MR. ANDOH: The focus would be to include the library, but then there will also
be some sites, too, in case the library was not able to participate.
MS. KIERKIEWICZ: Okay, great. And you said that you have a consultant that
you are negotiating with. So, somebody has been selected. Just finalizing the
details of the agreement.
MR. ANDOH: That's correct. SSFM (SSFM International).
MS. KIERKIEWICZ: Okay. When is the announcement going to be put forward
about who has been selected?
MR. ANDOH: Once we just get the contract finalized from Corporation Counsel
and it's ready to be executed,proposals ready to go.
MS. KIERKIEWICZ: So, like, within a month?
MR. ANDOH: So, I would say I'm hoping a month.
MS. KIERKIEWICZ: Okay,perfect.
MR. ANDOH: Because, I know we've been wanting to get this project going for
a while.
MS. KIERKIEWICZ: Okay. Please stay in touch with my office and Matt's
office. This is something that I know we both really care deeply about in making
sure it happens for our community. So, thank you again for all of your hard work
and collaboration on this. Thanks. Madam Chair
MR. ANDOH: And I have to thank Zendo and his planning staff for helping me
with this.
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Hawaii County Council-35 March 23,2022
MS. KIERKIEWICZ: Yes. I was looking at both of you. And by the way,
Administrator Andoh, love your socks again today. Love the little bus icons.
Thanks.
MR. ANDOH: Oh, yeah. New York subway.
MS. KIERKIEWICZ: Thank you. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Oh, go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Just a quick note. The Pahoa
park, Billy Kenoi was really fundamental in making that park happen. And
during my time in Council, I came to realize there's a really well-done master
plan for that park that has yet to be kind of accomplished. And there's a lot of
different phases. I think we're either in Phase 1 or 2 of that park. But the later
phases really encompass, I know, a more grand scheme for making that park a
center point for our community as a whole in Puna.
So, I'm just putting that out there for both Planning Director and Director Andoh.
I don't know if it's a match, but it's a place where we own the land that has ties
into the community. It's very central and could lead to more connectivity within
Pahoa Town. So,just putting that note out there just for you guys to kind of put
on the back-burner. Thank you.
MR. ANDOH: Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Resolution 349-22, please say "aye."
Vote on Res. 349-22: The motion to adopt Res. 349-22 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 27
Hawaii County Council-35 March 23,2022
Res. 350-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTIFUNCTION COPY MACHINE FOR THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
monthly cost of$400, to be used by the department's office at Hanama Place in
Kona.
Reference: Comm. 687
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 350-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This item was waived to Council. I have no
further discussion. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 350-22, please say "aye."
Vote on Res. 350-22: The motion to adopt Res. 350-22 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.
Res. 351-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A MINIATURE
MEDITERRANEAN DONKEY TO THE DEPARTMENT OF PARKS AND
RECREATION
The donation from Ms. Sherri Carden, valued at approximately $2,000, would be a
new addition to the petting zoo at the Pana`ewa Rainforest Zoo and Gardens.
Reference: Comm. 688
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 351-22.
Seconded by Mr. Richards.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This item was waived to Council. And I've
just got to mention, I know Sherri Carden very well. I think she's a great asset in
our community. I really appreciated this resolution. It caught me off guard. But
the donation of a Miniature Mediterranean Donkey named Mocha Latte with a
value of about$2,000 to be added to our Pana`ewa Petting Zoo. I think it's neat,
and I hope everyone supports it today. But just really appreciate Ms. Carden
doing this for our zoo, for our keiki. So, I hope for everyone's support today.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you. It's not every day that a Council gets to
accept a donkey. But Mediterranean donkey; the ones I know have been
specifically Sicilian donkeys, so I'm going to assume it's the same thing. And in
my experience, these are great little pets. And they're not the typical donkey that
can be quite a jackass. These are actually good little donkeys and great for petting
zoos. So, definitely going to support this. I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Lee Loy, go ahead.
MS. LEE LOY: Yes. I have to say thank you. As the representative who gets to
have the zoo in her district, I really do appreciate this. But we have Deputy from
our Parks Department. If you don't mind sharing, Michelle, go ahead.
(Note: At this time, Parks and Recreation Deputy Director Michelle
Hiraishi came forward to address the members of the Council.)
MS. HIRAISHL Aloha. Good morning, Chair, members of County Council.
CHR. DAVID: Good morning.
MS. HIRAISHL Michelle Hiraishi, Deputy Director of Parks and Recreation.
Yes, we are very, very happy to get this donation. The donkey has actually been
in the zoo for about a month, so he's been settling. I'm awaiting this process.
Sherri does come to visit. Every single day she comes to visit Mocha; make sure
that he's settling okay, that he's connecting with the other donkeys that are there
in the zoo. The petting zoo is not currently open. Coming out of COVID, we are
just getting back to that, so we have to reestablish our volunteers. But we hope to
have Mocha—assuming acceptance by the County Council, we hope to have
Mocha ready for public by June, latest July.
MS. LEE LOY: Thanks, Michelle. Thanks for being here. Chair, I yield.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Thank you. Anyone else? Thank you, Deputy, for that
explanation. Can't wait to see Mocha. All right, anyone else? Seeing none, all
those in favor of approving Resolution 351-22,please say "aye."
Vote on Res. 351-22: The motion to adopt Res. 351-22 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.
MS. HIRAISHL Thank you.
Res. 352-22: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF COMPUTER
EQUIPMENT AND SOFTWARE FROM THE STATE OF HAWAII
DEPARTMENT OF HEALTH TO THE HAWAII POLICE DEPARTMENT
The donation, valued at approximately $11,500, would be used to produce various
reports.
Reference: Comm. 689
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 352-22.
Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I have no discussion on this, Chair. This
was waived to Council. I appreciate the donations. There's been a lot of
donations lately, and I really appreciate it. I'm never going to look a gift horse in
the mouth. Mahalo.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Resolution 352-22, please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Res. 352-22: The motion to adopt Res. 352-22 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: Before moving on to bills for first reading, Council Members, do
we need a break?
MS. KIMBALL: Chair, I just did a check. Do we need to waive the Rules on
either of these last two on the donations?
CHR. DAVID: I'm sorry. I didn't—
MS.
idn'tMS. KIMBALL: Do we need to waive reconsideration on these last two?
CHR. DAVID: I don't think it was requested but I'm not sure.
MR. HENRICKS: I'm not aware of any request to do so.
CHR. DAVID: Yeah. Okay. And getting back to a five-minute break. No?
Move on? Okay. Mr. Clerk, bills for first reading,please.
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-35 March 23,2022
Bill 107: AMENDS ORDINANCE NO. 18-115, WHICH RECLASSIFIED LANDS FROM
OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND
GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU IST AND 2ND, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-4-008:013, 030, 074,
076-078, 084, 085 & 090-100 (FORMERLY TMK: 7-4-008:013 & 030)
(Applicant: West Hawaii Business Park, LLC) (Area: Approx. 282.367 acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment, which amends Condition J(Kamanu Street Construction Timing)
and adds Condition N (Roadway/Driveway Requirements Related to Development
of Parcel 77) and Condition O (Ownership Transfer and Development of
Parcel 90). The properties are located along the east(mauka) side of Queen
Ka`ahumanu Highway in Honok6hau, North Kona.
Reference: Comm. 575
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-47
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 107 on first reading
and adopt Planning Committee Report No. 47. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just want to note that we have the applicants
here—Riley Smith, Bill Moore—in Council chambers. We also have the
Planning Director here. I did want to note that at Committee I did mention that
Condition N, I thought, was lacking some of the comments that the Planning
Commission raised in their discussions. It's there. It's a little buried.
But in going through that, we saw "we,"the Planning Department—we found
that a couple of the TMK (tax map key)numbers were incorrect. So, I'm just
elevating that now. And at second reading, I will be putting forward amendments
that ensure that every single TMK is accurately referred to because that really
does matter. So, I just wanted to make sure that that was noted for the record and
everyone knows that our office and Planning Department is actively working to
resolve that. So, thank you. Chair, I yield.
CHR. DAVID: Thank you for that, Ms. Kierkiewicz. Anyone else?
Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you, Chair. I just had disclosed this during
Committee. Council, I do serve on the board that is affiliated but unrelated to the
function of this, and I will be participating.
CHR. DAVID: Thank you. Anyone else?
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Hawaii County Council-35 March 23,2022
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I wanted to revisit one of the sections in this
to follow up with the applicant, if I could. Thank you.
CHR. DAVID: I'm sorry. Did you say you're ?
MR. KANEALI`I-KLEINFELDER: I have some questions on two of the sections
that are in the ordinance for the applicant.
CHR. DAVID: Okay. The consultant is on they're on their way.
MR. KANEALI`I-KLEINFELDER: Thank you.
(Note: At this time, Riley Smith, President and Chief Executive Officer of
Lanihau Properties, and William L. Moore, Planning Consultant, came
forward to address the members of the Council.)
CHR. DAVID: Gentlemen,please identify yourselves for the record before
Mr. Kaneali`i-Kleinfelder proceeds with his questions.
MR. SMITH: Good morning. This is Riley Smith. I'm the President and CEO
(Chief Executive Officer) of Lanihau Properties. We're the owner of West
Hawaii Business Park. And with me is Bill Moore, our land planning consultant
that assisted us with our entitlements back in 2004, and continuing on as we
proceed through the development of our project.
CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you very much. I'm just going to
follow up. I think you guys touched on this briefly, and thank you for being here
this morning. Section A kind of gives that, "the applicants, successors, or
assigns," and then in parenthesis, "applicant." So,that's basically saying that the
applicant, the successors, or assigns, they're all considered the applicant at this
point. And then going forward in the document, there's a change to every section
that kind of puts that same language in. Is that correct?
MR. MOORE: That is correct. That was a change that the Planning Department
requested just to simplify the ordinance. So, the applicant includes any
successors, anyone that comes in after. So, it covers any sale, any requirements.
That requirement will follow the transaction.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. And then for Section O, I
found this just a little bit worrisome this morning. I was reviewing the document,
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Hawaii County Council-35 March 23,2022
and I just—can you kind of explain for me Section O? What effect does this have
for this whole ordinance? What I'm driving at is, I mean, I almost feel like this
section is saying that once it's transferred to the County, there should be no
requirements of improvement. But I want to make sure that the road is improved
before being given to the County, because that's part of the cost that's usually
incurred by the developer.
MR. MOORE: The donation of the property, it includes an easement to the
property. So, that is the responsibility of the end user. Hopefully, it'll be done in
conjunction with Parcel 77. But the reason for this amendment is that under the
current requirements, when we give or when Lanihauactually, it's already done.
When the County accepts the dedication of this property and constructs the sewer
pump station, they cannot occupy that sewer pump station until all of
Kamanu Street Extension is constructed. So, they could build it now, but they
could not use it until, something that they don't control, which would be
West Hawaii Business Park's responsibility.
So, this separates the use of that property from the construction of Kamanu Street,
and the two actions are independent. They're looking at a driveway coming off of
Kanalani Street as the access, as opposed to a road construction or dedicated road.
So, this just allows that project to move ahead, independent of any other action by
West Hawaii Business Park.
MR. KANEALI`I-KLEINFELDER: Is this TMK that's listed in this section
correct? Is this one of the ones that was incorrect? The 7-4-008:090? Is that the
correct TMK?
MR. SMITH: Parcel 90 is the intended sewage pump station that we're in the
process of dedicating to the Department of Environmental Management. So, it is
the correct TMK.
MR. KANEALI`I-KLEINFELDER: And then, is there a clear picture of that
TMK anywhere within the document that was submitted to the County?
MR. MOORE: Yes. It's Exhibit—I'd have to look at—it's Exhibit 5 of the
application.
MR. KANEALI`I-KLEINFELDER: Okay. I'm going to look for that very
shortly; and then, Chair, if you could come back to me in a second, please.
CHR. DAVID: Thank you. Anyone else here in Kona? Just for the record, the
person speaking in answer to Mr. Kaneali`i-KI einfelder's questions was
Mr. Moore
MR. MOORE: That's correct.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: For the record. Thank you.
MR. MOORE: I'm sorry. I'll identify myself in the future, for the record.
CHR. DAVID: All right. Thank you. No questions? Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Okay, thank you, Chair. Okay, let's just go
back, then. So, Section J this was my concern: O and J almost I mean, I
understand what you're saying but I just want to—I mean, maybe just lay it out
for me very clearly. (Condition) O says there will be no required improvements
to Kamanu Street, pursuant to Condition J. But J is basically saying that the
applicant shall construct Kamanu Street. And I found them they're kind of
they're not resonating, I guess. Maybe I'm just not understanding it also. If you
could just maybe lay it out for me very clearly.
MR. MOORE: Sure. Again, this is Bill Moore speaking. Condition J says that
Kamanu Street shall be constructed except as provided in Conditions K, L, M, N,
and O. So, O becomes an exception to the requirement that Kamanu Street be
constructed. So again, it removes that Parcel 90 from the requirements that
Kamanu Street be constructed before occupancy.
MR. KANEALI`I-KLEINFELDER: Okay. So, the construction will still happen
via the developer. Is that correct?
MR. MOORE: That's correct. Under this requirement, there's still
approximately 180 acres of industrial-zoned lands that any occupancy of, other
than for quarry uses, will trigger the Kamanu Street. So, there is a, in not so nice
terms, there's a huge club, incentive carrot sitting over the developer to complete
those improvements.
MR. KANEALI`I-KLEINFELDER: Okay. That's good. There's been times in
the past where it hasn't happened. I think it's important.
MR. MOORE: And again, Exhibit 5 shows that approximately 170-acre area that
any development activity in there would trigger the balance of the Kamanu Street
improvements.
MR. KANEALI`I-KLEINFELDER: Okay. And then just to check, Condition K
says that the applicant shall construct the roadway improvements to County-
dedicable standards. And in this case, what are the dedicable standards?
MR. SMITH: Riley Smith, responding to your question. This is MCX-20 zoning.
MCX-20 zoning to a County-dedicable standard includes a 60-foot right-of-way
with curb, gutter, sidewalk. Similar to what we're constructing on
Kanalani Street today, that roadway started in June of 2021. We're going to
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Hawaii County Council-35 March 23,2022
finish in August of 2022, and we're working with the Department of Public
Works to accept dedication of that roadway by October so that the public can use
it when accessing the Kaloko Light Industrial area. Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Mr. Smith. That
really did take care of my questions. Thank you. Thank you, both. Thank you,
Bill. Thank you, Riley. I appreciate your guys' time this morning. That was very
fair. Thank you. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else here in
Kona? Seeing none, gentlemen, Mr. Smith, Mr. Moore, thank you so much for
being here.
MR. MOORE: Thank you.
CHR. DAVID: On that, all those in favor of approving Bill 107 at first reading,
please say "aye."
Vote on Bill 107: The motion to pass Bill 107 on first reading and adopt
(Approved) Planning Committee Report No. 47 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: Mr. Clerk, can we do a little skip over and take Bill 115 first,
please?
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-35 March 23,2022
Bill 115: AMENDS SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP),
(Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM OPEN(0), MULTIPLE-FAMILY
RESIDENTIAL—4,000 SQUARE FEET (RM-4), MULTIPLE-FAMILY
RESIDENTIAL—6,000 SQUARE FEET (RM-6), MULTIPLE-FAMILY
RESIDENTIAL—8,000 SQUARE FEET (RM-8) AND VILLAGE
COMMERCIAL— 10,000 SQUARE FEET (CV-10) TO PROJECT DISTRICT
(PD) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX
MAP KEYS: 6-9-008: POR. 013, 022, 025, POR. 029 AND 033
(Applicant: Waikoloa Land Company) (Area: 133.822 acres)
The Leeward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop "Area B" of the
proposed Kumu Hou project, to consist of 900 multi-family residential timeshare
units, private community centers, a convenience retail center, golf support
facilities, an operations facility,public parks and recreational amenities, and
associated infrastructure. The properties are located between the 75- and 76-mile
markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the
King's Highway Foot Trail, `Anaeho`omalu and Waikoloa.
Reference: Comm. 601.12
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-49
and
Comm. 601.11: From Council Member Ashley L. Kierkiewicz, dated March 15, 2022, transmitting
informational material relating to Bill 115, Draft 2.
; and
Comm. 601.13: From Council Member Ashley L. Kierkiewicz, dated March 16, 2022, transmitting
a proposed amendment to Bill 115, Draft 2.
; and
Comm. 601.14: From Council Member Ashley L. Kierkiewicz, dated March 16, 2022, transmitting
proposed amendments to Bill 115, Draft 2.
; and
Comm. 601.15: From Council Member Ashley L. Kierkiewicz, dated March 16, 2022, transmitting
proposed amendments to Bill 115, Draft 2.
(Note: Comm. 601.16, from Council Member Holeka Goro Inaba dated
March 18, 2022, transmitting proposed amendments to Bill 115, Draft 2, was
circulated.)
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Hawaii County Council-35 March 23,2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 115, Draft 2, on first
reading and adopt Planning Committee Report No. 49.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you so much, Chair. We had three very
comprehensive Committee discussions on this suite of bills. And so if it's all
right with you, Madam Chair, I wanted to start moving through the amendments.
CHR. DAVID: Sure.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 2, with
the contents of Comm. 601.13. Seconded by Ms. Lee Loy.
CHR. DAVID: Thank you. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. And this is related to the foundation.
And so, if I could please call up the applicant and the various representatives.
(Note: At this time, John Plunkett, Vice President of Waikoloa Land
Company; Sidney Fuke, Planning Consultant; and Cary Boeddeker,
President of the Waikoloa Foundation, came forward to address the
members of the Council.)
MS. KIERKIEWICZ: Gentlemen, if you could kindly introduce yourselves for
the record and provide a little bit more information about this particular
amendment. There was a lot of discussion in Committee about how we would
sort of identify some proceeds going to the Waikoloa Foundation in order to
benefit specific causes that we feel are of critical importance.
MR. PLUNKETT: First of all, thank you, Madam Chair and Council, for having
us here. Just to be clear, the whole idea for the Waikoloa Foundation and the
two percent in the encumbrance we put on the land, we came up with this long
before we filed the application. So, we're absolutely willing to put the
encumbrance on the property and the two percent of the gross proceeds to go to
the foundation. No one with the County ever asked us to or suggested that was
part of what we should be applying for. This was part of the legacy that we
wanted to leave when we were designing Kumu Hou. Kumu Hou is critical to be
able to fund the foundation for what we hope to do here.
The initiatives that were identified were as the result of discussing this with the
community, input from Council and so forth. And they're very consistent with
what we set out to do with the foundation. So, therefore, we're willing to provide
for that. I think that's really all I have to address on that right now.
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Hawaii County Council-35 March 23,2022
MS. KIERKIEWICZ: Thank you, Mr. Plunkett. Mr. Fuke, anything else to add?
And I know that I believe I saw Ms. Boeddeker on Zoom. And so, Cary, if
you're on and would like to weigh in, feel free to do so at any time.
MR. FUKE: Sure. Again, good morning, members of the Council. My name is
Sidney Fuke, Planning Consultant. Thank you very much for considering this
application and also these amendments. We understand that there had been some
questions internally regarding really whether the foundation, having a separate
condition, should really be part and parcel of the application. The more we
thought about it, yes, maybe it should be optional. But nonetheless, I think, in the
interest of transparency, having a condition that makes reference in some way,
shape, or form to the foundation obligates the applicant to provide, as part of its
annual report, how the foundation is operating, how it's being used, and whether
the funds are being distributed according to the representations made. So, it's
kind of tied in with the issue of transparency in having this condition.
In re-reviewing the language that was already distributed to your office, Council
Member Kierkiewicz, we found that there's some editorial things that we would
respectfully request that this body consider. And if you don't mind, I would like
to briefly discuss what these changes would be.
MS. KIERKIEWICZ: Please, Mr. Fuke.
MR. FUKE: Sure. In the first sentence, it reads, "As represented by the
applicant, prior to submitting any development for Site Plan Approval . . . " I
mean, that's clearly an error. It should have been, like, "prior to submitting any
plans." So, the request is to delete the term "development" and to insert the term
"plans." And then it kind of continues, "Site Plan Approval on the project district
zoning land covered by this ordinance, the Applicant shall record a covenant at
the State of Hawaii Bureau of Conveyances, which shall run with the land," and
to delete the term "and" and to insert"that." So, it would be "shall run with the
land that require 2 percent of the proceeds." So, that grammatically kind of like
flows.
And then if you continue further down, it says, like, for "the first-time sale of any
residential unit or time share interest on the land"to be "donated to the Waikoloa
Foundation, of which no less than one-fourth or 25 percent of such proceeds shall
be . . . ." And it's written, "donated to an agency or program." I think the
concern was that, internally when we review that again, an agency could convey
an understanding that maybe it's a government agency. But it's really not
because the money is never intended to be—no money is ever intended to be
conveyed to the County directly.
So, what we wanted to recommend is to delete the term "donated to an agency or
program,"but rather just to substitute in its place the term "used." So, it would
read, "shall be used to support the County's affordable housing and/or destination
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Hawaii County Council-35 March 23,2022
management initiatives, and no less than one-fourth or 25 percent of such
proceeds shall be," and then eliminating the term "budgeted." Again, to use the
same term to use "to directly or indirectly support potable water" and "other
related needs," etcetera.
So, basically, those are kind of editorial changes that just kind of makes it very
clear and cleaner. And we respectfully request this body to approve this
amendment as we are suggesting. Thank you.
MS. KIERKIEWICZ: Thank you, Mr. Fuke, for elevating those editorial
comments and just being available to further explain the intention around this
particular amendment. With that, Madam Chair, I'm going to yield to my
colleagues so they can ask questions of the applicant. Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Council Members, questions?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I just want to give a little bit of
background here. Over the course of the four, five, six weeks we've been looking
this over, I was really concerned about our water usage in the area and I still am.
But as I was reached out to some of the constituents in the Hawaiian Homes
communities and just—they're trying to understand why a development this size,
you know, the approval, what's going to be required, what are going to be the
strains on the community. And what I recognized from that conversation wasI
mean, we have existing communities in the area. The workforce in the area is
being—some of their jobs are in this area for the Waikoloa—not the Waikoloa
Foundation, but in the Waikoloa area.
And so, I had asked the applicant if they'd be open to doing an amendment that
would put funds towards potable water sources for our Native Hawaiian Homes
community, specifically, and they responded. I want to highlight that; that they
took the time to listen to the concerns of our community and to the concerns that I
heard were being raised. And in a very short period, I think it was a period of no
more than three or four days, they were able to come back with an amendment—
albeit
mendmentalbeit with some changes needed that were explained today but an amendment
that really does hit home for me, in that, willing to put funding on the table to help
supply Native Hawaiian communities with potable water sources, which has been
such a need in the South Kohala district, in areas like Kailapa or Waimea. And it
just I was really impressed by their responsiveness.
So, given that it may need amendments today and they may come back, the
intention of this, to me, is very true to what's needed in the community; very
much helps with making sure that we're taking care of our local community. And
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Hawaii County Council-35 March 23,2022
again, a lot of these guys are the same folks that work in the Waikoloa area. And
this, to me, truly is community-building through a very simple amendment to an
ordinance that has such an impact on our community.
So, I just wanted to take that moment to give some background to this amendment
and say mahalo for working with myself and the community to put this forward. I
really do appreciate what you folks have done here today. So, I'll be supporting
this resolution, as amended when it comes back, but just want to take that time to
put that out there. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, I just also want to take a brief moment to really recognize
the effort to, I think, understand us better than maybe we even understand
ourselves, some of the confusion around this particular amendment as it was
worded last time. Very clearly solved. So, I just want to thank you for your
expertise and addressing what we expressed as concerns in the last hearing. And
happy to support this amended language. Thank you. I yield, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. Yeah. The applicants have been incredibly
responsive and have been true to their word. So, I actually wanted to direct this
question to Ms. Kierkiewicz. They're asking for some editorial changes, and they
have come honestly before us, hearing our concerns. And so, I'm just wondering
if we want to move this forward with the promise, as Mr. Richards always uses,
the pinky promise, that we will come back with their suggested edits, or if you
want to have staff work on this right now, get it revised, and then advance the
amendment at this time.
MS. KIERKIEWICZ: Chair, if I might respond?
CHR. DAVID: Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you. These changes are new. And I'll be really
honest. As the applicant transmits materials to my office, everyone is copied on
these. We are not making any changes. We want to make sure that their direct
ask is being articulated 100 percent to this body. And so, we agree with these
editorial changes. I don't have staff to be working on amendments today.
And so, I would like to hear if there are any other editorial changes that need to be
made because, at some point, I will withdraw this particular amendment. I do not
feel comfortable making floor changes at this point. This is very important
decision-making that we are doing right here. And so,just want to make sure that
we are all able to read exactly what we are going to be voting on with the
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Hawaii County Council-35 March 23,2022
amendment. And so, looking to take that up at second reading. Just wanted to
provide that kind of clarification around how I'm hoping to proceed with this. So,
if anybody else has any other mana`o around 601.13, related to the foundation,
please do elevate your insights now. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy.
MS. LEE LOY: Thank you. That's been answered. I yield.
CHR. DAVID: Okay. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And thanks, Ms. Kierkiewicz, for doing
this. I understand the intent of this, but Mr. Kaneali`i-Kleinfelder made a
comment about Kailapa and then South Kohala. And I'm trying to very that, but I
think a portion of that is actually in North Kohala. So, I think we have to be very
specific about this. I don't want to have an ordinance that doesn't fit with the
intent of what's trying to happen here. So, I will verify that. If I recall right, I
think it may come right down the middle of it, but I have to go back and look at
the maps. I will communicate that to Ms. Kierkiewicz, and then we'll go from
there. So, thanks. I just want to verify we get this done right. Thanks. I yield.
CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead.
MR. INABA: Yes, thank you. So, for that second one-quarter percent that we're
talking about with regards to the support for potable water, if it was to be used
directly by the foundation, how would you folks go about that?
MR. FUKE: The way it's set up is that, you know, like the 25 percent would be
set aside to address affordable housing, specifically dealing with the water
infrastructure for South Kohala and possibly, as Council Member Richards
mentioned, perhaps expanding it to be South and North Kohala. So, I would
imagine that the foundation would have to determine to which entity it would be
conveyed to, whether it would be working directly with DHHL (Department of
Hawaiian Home Lands). Or if DHHL has a consultant that needs funding to
develop the required master plan or whatever that relates to water infrastructure,
then the foundation would be providing funds directly to that specific entity. It
wouldn't be providing the monies to DHHL, the County, or Department of Water
Supply or whatever have you.
So, they essentially would be working private to private to implement that overall
objective, the discussion of which would eventually find its way in the annual
report that is obligated by the applicant to abide annually to the Planning
Department. To address each and every condition that's outlined over here, they
would have to provide some discussion, some and even maybe more detailed
discussion, relative to that.
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So, that's the area of what we call like transparency. So, we can make a lot of
representations here, but in terms of like how the funds are actually being
generated, how much has been generated and how it's been distributed and used,
they would all be embodied within the annual report.
MR. INABA: Thank you. And I actually should have directed that question to
Ms. Boeddeker since she's leading the foundation. So, Cary, if you could answer
that question, please.
MS. BOEDDEKER: I think Mr. Fuke did a great job of answering it. First of all,
thank you for having me. Aloha. I'm sorry that I can't be there in person. I have
a family obligation off-island. But I first wanted to just thank County Council
Member Kaneali`i-Kleinfelder for even bringing this really worthy initiative to
our attention. I couldn't think of a better initiative for the foundation, which goes
right along with our mission statement, which is to preserve and to protect the
native resources. So, I think DHHL is exactly who you would work with in this
case to come up with some kind of plan in terms of where the needs would be met
the most, you know, the greatest.
MR. INABA: Okay, so yeah. I think if there is—this wording here with regards
to directly supportingcurrently, "support potable water or other related needs,"
I don't know if that just needs to be clarified for whoever's working on this
amendment. But if it is direct initiatives or action by the foundation, perhaps
prior to the next meeting we can have more clear insight as to what specific action
your foundation will take if you folks are going to be using the funds directly.
MS. BOEDDEKER: Well, I think we go back to, again, that partnership and
understanding what exactly they need. We haven't even had one conversation yet
with DHHL, but I do see the great need here, as we discussed earlier. But I think
it's really them helping us to understand what is needed here; what do these
communities need, specifically. I think that's the partnership that we're looking
for.
MR. INABA: Great and let's get started on that. Thank you so much. Chair, I
yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Appreciate the dialogue. I'm going to
be withdrawing Communication
CHR. DAVID: Hang on a second
MS. KIERKIEWICZ: Sorry. Yes.
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Before you withdraw. Everybody's done, right? Okay. You're
going to withdraw this, but for discussion purposes, I just wanted to say a few
words and express my thoughts on this. While I really appreciate the offer of the
foundation and what they are planning on proposing, for me, the issue of water, to
me, is a public trust issue that's constitutionally protected. And I seeI have
concern on putting it in part of a financial condition in an application process for
development where I feel that there are already laws in place that already protect
those things.
Number two, my concern is having money or the foundation and funds generated
by a private foundation included in a subdivision application. I don't know why,
but it just doesn't feel—for me, procedurally, I'm not sure if I can understand
that. And my concern is the precedence that this will set for future developments
if we open the door for including contributions of money by developers, whether
it's a foundation or anything like that. And this is just my personal opinion.
Because, I'm sitting here listening to all the great things. And granted, your
offers for working together with this community is outstanding, but for me, on a
procedural basis I just can't I don't know what it is.
And maybe because you're going to withdraw this, it'll give me some time to
really digest this. Because, what we do here, especially with money from the
outside, being part of a legal application process, I'm not sure. I don't know what
it is, but I just don't feel that this is the foundation aspect of it can go on, on its
own course, without being included in this application process. So, that's my
opinion. So, before you withdraw it, I just wanted to put that on the record.
MS. KIERKIEWICZ: Thank you, Chair, for saying that. And I'm going to be so
bold and use a few words here. But what I hear you saying is you don't want to
set a precedent where you can essentially buy your zoning. And I think what
we're all struggling with is to find a way to really memorialize the commitment
that the developer is bringing to the table, but having to do so in a way where it is
not a condition of our decision-making. And so, thank you for elevating that.
Mr. Fuke, Mr. Plunkett, maybe we can work on other language based on Chair's,
I think, very valid comments here that really memorializes your commitment that,
as she says, doesn't set any unrealistic precedence moving forward.
MR. PLUNKETT: If I may, this is important to us and that we're clearly
agreeable to doing. And we want transparency and we want to be able to
demonstrate to the County that we're living by the commitments that we made to
you. And so, whether or not it's contained in the ordinance or in our annual
reporting, we don't have any objection to being able to be transparent with you so
that you can be assured. Because one thing that was always that we want, we
don't want to just rely on promises. We're willing to provide things that back up
what we say we will do.
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Hawaii County Council-35 March 23,2022
So, in that light, we're open to adjusting it so that it's however we can do it as part
of the annual reporting or whatever so that you know where our foundation is
spending its money. Frankly, I think that these initiatives of affordable housing
and destination tourism management and potable water for the Native Hawaiian
communities are all very worthy causes that the foundation supports, and we're
willing to stand by that commitment.
CHR. DAVID: Ms. Kierkiewicz, are you—could I ?
MS. KIERKIEWICZ: I'm done, Chair. Thank you.
CHR. DAVID: Okay. Thank you for that because before I go to you,
Ms. Kimball—and my issue is, yes, I really appreciate the fact of openness. But
the issues that you address, from my point of view, is not only specific to the
Waikoloa area. Waters,public trust properties and all of that is global and
island-wide issues.
So, when you commit to working, I would love to see you commit through the
foundation's work, independently of this process, where if they wanted to work
with DHHL. But I don't want to set a precedent that this is how Native
Hawaiians get their issues addressed, through development, if you can understand
that. And be transparent at the same time, because there's already laws that
protect these things, that we are actually trying to note it down on a piece of paper
and make it a condition. So, I hope you understand where I'm coming from, and
have some food for thought for discussion as we go along. Go ahead, Mr. Fuke.
Sorry.
MR. FUKE: So, Chair David, if I understand correctly, then, your reservation is
not so much in terms of what the foundation is attempting to do. They're all very
favorable, as you heard from different Council Members. It's more a question of,
like, whether you believe that whether it kind of like meets the, quote, unquote,
"legal test as being part and parcel of the condition." We kind of like struggled
with that as well.
The reservation, I mean, I was kind of like sharing my own reservation with
Mr. Plunkett and others. I was just saying that, yeah, so okay, "So, if you don't
have that condition, then some of the Council Members might feel like, `There
you go again; these developers making all these promises. And after they get the
entitlement, they kind of walkaway."' So, we were just trying to find how do
you hold the feet to the fire, the developer's representation's feet to the fire. And
so, that's part of the reason that motivated us to having a condition along those
lines. We totally understand the concern that you raise.
So, one possible option that we have, you know I mentioned about the annual
reporting. The annual reporting has to go item by item, you know, what have you
done. So, if you go item by item, there has to be some acknowledgement of the
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Hawaii County Council-35 March 23,2022
foundation in one of these conditions. So, if you have 25 conditions, then one of
these 25 conditions have to make reference to a foundation to which, then, in the
annual report—
CHR.
eportCHR. DAVID: This is a separate
MR. FUKE: There can be a discussion.
CHR. DAVID: It's a separate process in itself that you folks include in your
reporting based on the conditions of this application.
MR. FUKE: Correct, yeah. And you know also that the existing ordinance
already provides that if there's noncompliance with these conditions or the
representations, then it falls on the shoulders of the Planning Director to possibly
initiate action for amendment and so on and so forth. And it's going to go back to
this body. So, you're going to have an opportunity to kind of revisit the issue and
say, like, "Mr. Plunkett, you said this and you guys never do that." So, we
understand that. So, if that's the situation and if the Council is willing,
Committee Chair is also willing, we can structure language very quickly, maybe
provide it to, you know, working with the Committee Chair maybe by this week.
And hopefully the Council can consider it, we're hoping, at second and final
reading, together with all of these minor editorial changes.
CHR. DAVID: And I think, for myself, I'm trying to articulate it as best I can,
my concerns over this process regarding this one particular condition. And so, in
the meantime between now and then, I will have some discussion with Corp.
(Corporation) Counsel just to see to get more clarification myself as well. So,
thank you for that and thank you for listening. Ms. Kimball.
MS. KIMBALL: I believe Council Member Lee Loy had her light on first.
CHR. DAVID: Oh, Ms. Lee Loy.
MS. LEE LOY: Thank you. Listening to Chair David, it really wasn't sitting
well around my piko, and I actually took it a step further. As Ms. Kierkiewicz
coined, it's like buying zoning. It doesn't feel right. But more importantly for us,
I kind of went down the rabbit hole of what does this do, who are we committing
the funds to, do we need to disclose? Then there was the mention of DHHL,
which I have a lot of family members and so does Mr. Kaneali`i. In fact, Kailapa
is where his family has lots. And so, all of a sudden this just started to feel not
pono.
So, thank you for elevating that, Ms. David. But I do hear the applicant, who's
done this work for so long, find another pathway forward. I think through the
annual reporting process is a perfect place to do it because not only can they
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Hawaii County Council-35 March 23,2022
report on conditions, but they can report on a whole bunch of other things that
would be beneficial to the community. So, thank you for sharing that,
Aunty Maile. I really do appreciate it. I yield.
CHR. DAVID: Mahalo, Ms. Lee Loy. Ms. Kimball and then Mr. Richards.
MS. KIMBALL: Yeah, I'll be brief. We've had a couple discussions when
we've had parties come before us about, okay, the Land Use Commission or the
State Land Use says it's good, the CDP (Community Development Plan) says it's
good, you know, all of that. And then, why is the Council weighing in? I look at
our process is also procedural, and our conversations are also part of the record.
And so, when we're talking about setting precedence, this whole conversation, the
fact that this is an applicant-led initiative rather than an imposed condition, that's
part of the record and part of the conversation. So, I certainly can hear your
concerns about precedence and the potential perception of pay-to-play. But I
think we've covered that well in our proceedings, which would be referred to for
any future considerations.
I really appreciate that the applicant wants to ensure that there's transparency over
time, that there's consistency to commitment to this promise, regardless of who's
in these seats in the future and who's in those seats in the future. So, I think that,
while the ordinance is important and the wording in the ordinance is important,
we have to take everything in the sum total, including these deliberations, when
we consider what precedence is being set by this process. Thank you, Chair, I
yield.
CHR. DAVID: Thank you, Ms. Kimball. And yeah. And on thatoh,
Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you, Chair. First of all, to the applicant, fully
appreciate the intent and the desire. And I won't rehash as far as the transparency
and all that, completely agree. But Chair David does bring up a very valid point
and concern because there is methodology in place to address this already. And
we as a Council are trying to take care of our community, but there is something
in place that should be doing that, that isn't. And you bring a valid point, and we
have to give this a lot more thought. I totally appreciate what the intention is here
because that's been a community that needs water. But this may not be the way
to do it because it may dilute the effort of the bigger need. And, Chair, I
appreciate you bringing that up. So, I'm going to have to give this a lot of
thought. Thanks for bringing that up. Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Mr. Fuke, I think you get the gist of the
discussion, and we'll work on something accordingly. We'll bring it forward at
the next reading.
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Hawaii County Council-35 March 23,2022
MR. FUKE: Sure. Thank you.
Withdraw Motion MS. KIERKIEWICZ: So, Chair, I'll be withdrawing my motion to amend
to Amend: Bill 115 with the contents of 601.13.
CHR. DAVID: Thank you. Motion to amend with Communication 601.13,
Mr. Clerk, has been withdrawn by Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you.
CHR. DAVID: Thank you.
MS. KIERKIEWICZ: If I might, I have a few more amendments.
CHR. DAVID: Go ahead. All right.
MS. KIERKIEWICZ: Thank you.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 2, with
the contents of Comm. 601.14. Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. This is related to Kings Highway Foot
Trail,just identifying the SHPD (State Historic Preservation Division) number
that we talked about at Committee and just cleaning up some of the language so
it's very clear as to the intention in how we will proceed. Mr. Fuke, I invite you
to provide additional comments if you'd like.
MR. FUKE: That is correct. There's no changes to the no change, rather, to the
proposed amendment.
MS. KIERKIEWICZ: Thank you, Chair. I yield.
CHR. DAVID: Thank you. Anyone else on the proposed amendment?
Mr. Kaneali`i-Kleinfelder, any comments? No? All right, on that, all those in
favor of amending Bill 115, Draft 2, with the contents of Communication 601.14,
please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Motion The motion to amend Bill 115, Draft 2, with the contents of
to Amend: Comm. 601.14 was carried by the following voice vote:
(Approved)
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: Now, I have a question procedural. There are other
amendments. So, we'll let them go one after the other and then ? Okay.
Perfect. Go ahead, Ms. Kierkiewicz. You have the floor.
MS. KIERKIEWICZ: Thank you so much, Chair.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 2, with
the contents of Comm. 601.15. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. This amendment is about the language
regarding water conservation and reduction and offset. And so, Mr. Fuke, if you
just kind of want to walk us through some of this language. We did talk about it
in Committee, but you have further refined it. Thank you.
MR. FUKE: Thank you, Madam Chair. As you know, the condition was pretty
much intended to codify the applicant's representation that the project's potable
water demand was going to be offset through the implementation of conservation
or irrigation systems, resulting a net-zero water demand.
What we would like to recommend is, like—and again, we apologize—is that,
just in the interest of consistency, the first sentence reads, like, "The applicant
shall effect conservation and/or new irrigation systems within the Resort that
reduce the Resort's overall potable water," etcetera. The verb "reduce" actually
should be "offset," similar to the second sentence where we specifically mention
that the ordinance shall be offset through conservation measures, etcetera. So, it's
more we consider it more like an editorial change. But if this is one item that you
would elect to, again, withdraw and have it considered when all of the changes are
submitted without any more further changes, then we would have no objections.
MS. KIERKIEWICZ: Okay, thank you. I appreciate that. And if I could just call
our Planning Director forward. Because, one of the things the department raised
during Committee was just ensuring that we had some type of water conservation
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Hawaii County Council-35 March 23,2022
plan so we had a baseline for which the applicant is able to report in their annual
report to the County. Director Kern, if you could just weigh in to make sure that
the language is satisfactorily represented here.
(Note: At this time, Planning Director Zendo Kern came forward to
address the members of the Council.)
MR. KERN: Good morning, Madam Chair, members of the County Council.
Zendo Kern, Planning Director, here. I reviewed the amended condition and I'm
good with it from the department's standpoint.
MS. KIERKIEWICZ: Okay. Thank you for sharing that for the record.
MR. KERN: Thank you.
MS. KIERKIEWICZ: Chair, that's all I had for now. Curious to see if anybody
else has additional insights on how we might further refine this amendment. But
tracking with the one that we had done just a couple ago, I will be withdrawing
after folks have had a moment to weigh in. So, thank you. I yield.
CHR. DAVID: Thank you. Council Members, comments on proposed
amendment 601.15? Seeing none, go ahead, Ms. Kierkiewicz.
Withdraw Motion MS. KIERKIEWICZ: Thank you. Chair, I will be withdrawing the motion to
to Amend: amend Bill 115 with the contents of Communication 601.15.
CHR. DAVID: Thank you. The motion to amend Bill 115, Draft 2, with the
contents of 601.15 has been withdrawn by Ms. Kierkiewicz. All right. Mr. Inaba,
go ahead.
Motion to Amend: Mr. Inaba moved to amend Bill 115, Draft 2, with the
contents of Comm. 601.16. Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. Yes. And this is in relation to Condition Z of the bill
before us. And it's really in response to community requests for more affordable
units as part of the overall development. In addition,just cleaning up some
language that just is a little,perhaps, unnecessary, and adding language that
reflects what Kumu Hou has represented in our meetings throughout these
deliberations over the last month or so.
So, looking at the communication before you in the pinkie folder, we know Kumu
Hou wants to leave a legacy with this new project. And part of that legacy, like
they said, was creating these 140 workforce housing, and that's before the
timeshares. So, this amendment before you ensures that we get those 140 units
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Hawaii County Council-35 March 23,2022
built and we have housing for our people prior to the development of the
timeshare units. Beyond that, it also puts into place an additional requirement of
250 workforce housing units to be developed later in the project, after 450 of the
timeshares have been built and prior to issuance of the 450 first set of permits for
a timeshare.
And lastly, it ensures and clarifies language around the term of"affordability" for
all of the affordable units, ensuring that, in fact, all of them will be affordable for
a term of 65 years. So, asking for any questions or comments, if anything needs
to be clarified. But it's pretty straightforward, and it's a request of this
community in terms of the need for affordable housing, most especially here in
West Hawaii.
CHR. DAVID: Thank you, Mr. Inaba. Council Members, questions?
Ms. Villegas, go ahead.
MS. VILLEGAS: I want to thank you, Mr. Inaba, for your creativity in
articulating and choosing specific numbers to identify the desire for more
workforce housing, and for putting together kind of the protocol and what would
be the marching orders for how to make that happen. I am grateful for that. We
have a vast need of workforce housing, and the Waikoloa development area is a
key hub to a lot of that workforce that travels across the island to serve in their
roles in those facilities. I suppose I'm interested to see what the response will be
from the developer and his representatives, their representatives, as to what that
means to them, and the plausibility and the feasibility of that. I myself, I suppose
I would rather have a guarantee of workforce housing versus a guarantee of
money going to a nonprofit that then gets to decide amongst themselves where
that money is put, when we know that this is a very specific need.
I'm also in support and grateful of the conversations around solving the water
issues in Hawaiian Homes. And having had experience with Kohanaiki and the
impact fees and the requirements that were put forward in that development and
working under some of my mentors who sat and had the hard conversations
saying what was going to be a requirement of the Kohanaiki development in
moving forward, and there were some big ones there, I think this project has
another opportunity to set that precedent.
I appreciate the testimony from those in the Kona-Kohala Chamber of Commerce,
and their communication that they are behind any and all housing being built.
However, I share the concerns of other constituents who want to make sure that
the percentages of housing—we've suffered under inadequate percentages of
housing being built for those who actually live here versus making a development
project financially attractive or feasible for the developer. So, I digress here but,
based on that, I want to thank Mr. Inaba for this proposed amendment. And I
suppose it would be a good time to hear from you gentlemen.
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MR. PLUNKETT: Let me start off. I haven't actually seen the amendment or the
proposed amendment. And I would like to read it, consider everything that's put
in front of us. That said, we did commit to build 140 workforce housing units, no
matter what, in the project. And the reality of the phasing of it, as I understand it,
is that it will all be really built at once when it's of that size. And I'll confirm that
with Mr. Carr. I'm not sure if he's available by Zoom. But that said, that doesn't
concern me. We have agreed that as part of this process that we will apply for a
201H exemption on the site, which is currently zoned for 140 units. And we're
absolutely agreeable to applying for as many units as we can reasonably fit on the
site to make it work.
And if you're looking to quantify that number, I'd like to be able to step back and
confer with the people I need to confirm with, so that we can try to answer that. I
can't sit here right now and say 250 works, but we're going to make it work as
much as we possibly can. And so, I don't know if you have anything to add to
that, Sid.
MR. FUKE: Very little. I'm not the one paying the bills. But, essentially, like
their—if I understand, conceptually, the concerns are, not a concern but the ask is
really, like, twofold. One is to consider additional units over and beyond 140, and
the other one is to accelerate the delivery of at least the 140 units. Is that correct?
MR. INABA: I think the first part is correct. The second part is what I believe to
be your representations before this Council during these proceedings, that we
would have the 140 prior to the timeshares.
MR. FUKE: Well, we haven't seen it entirely. But specifically relative to the
number of units, I think the applicant had already represented that they want to
construct as many as they can, as they physically and financially can. So, if you
look at the existing language, it already provides that. It already acknowledges
that. It acknowledges further that the additional units can and will be provided,
provided that the appropriate entitlements can be secured—can be secured
vis-a-vis the 201H program. Because, you can't expect to have additional homes
be delivered if the zoning and other kinds of infrastructure-related Code
requirements kind of prohibits you from doing it. So, the language already
includes that.
So, we have to kind of like, essentially, digest what's been said. We can't I
think it'sI would not recommend to Mr. Plunkett right now to accept
amendments without at least giving them a chance to vet it with their potential
developer, like Stanford Carr. And then, try to comport with understanding the
broader objectives, coming forth with perhaps some tweaking or some
amendments to kind of adjust the broad conceptual issue.
MR. RICHARDS: Chair?
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Hawaii County Council-35 March 23,2022
CHR. DAVID: Yes?
Point of Order: MR. RICHARDS: Just a procedural point of order. I'm a little shocked that they
haven't seen this amendment at all. And I think it would be prudent and
respectful if we went into recess to at least give them a chance to read it before
asking a lot of questions. And your call, but I just think this group has been very
amenable to lots of input. But, I mean, they haven't even read the amendment
yet. So, I think a short recess would be in order.
CHR. DAVID: Okay. That's a good suggestion. Or the introducer; Mr. Inaba,
what is your ?
MR. INABA: Yes, I'm fine with that.
CHR. DAVID: Okay. So, we're going to take a recess. Ten minutes—is that
adequate time? I'm just wondering because what Ms. Kierkiewicz has done was
she withdrew it because that means you can always bring it back to allow more
discussion, as opposed to just ten minutes of your time. I'm not sure if you can
actually that's enough to do it. I'm just a suggestion would be what
Ms. Kierkiewicz has done, where if youClerk, if he withdraws it, he can bring
this back after the—at the next meeting?
MR. HENRICKS: Yeah, it's withdrawal of a motion.
CHR. DAVID: The motion, right?
MR. HENRICKS: The communication maintains its integrity.
CHR. DAVID: Yes, it's still alive. But you'll just withdraw the motion to
amend. So, that's up for discussion. I'd likeI'm sorry. Who's that? Oh,
Mr. Carr is here. Aloha, Mr. Carr.
(Note: At this time, Stanford Carr, Stanford Carr Development, LLC,
came forward to address the members of the Council.)
MR. CARR: Hello. Sorry. I had technical difficulties getting in. Thank you.
CHR. DAVID: Okay. Then, your preference to go—he hasn't seen it either.
MR. FUKE: Yeah. Madam Chair, like in deference to (inaudible)to the
applicant, Mr. Carr, we have to kind of like have a chance to kind of really
discuss it, because it has major implications in terms of what they're representing
and what they actually can deliver. And so
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Hawaii County Council-35 March 23,2022
CHR. DAVID: I think that's reasonable. I will—Mr. Inaba, would you consider,
then,just withdrawing the motion and leaving this communication, as well, alive
for discussion?
MR. INABA: Yeah. So,just to clarify, then, we'd be discussing this at second
and final reading. Is that correct, Mr. Clerk?
MR. HENRICKS: Potentially.
CHR. DAVID: Potentially, unless it's
MR. INABA: Wait, we don't talk about it today?
MR. HENRICKS: I don't know that there is going to be a second and final
reading. I don't know if this is going to get postponed. I'm just—you know what
I mean? There's variables out there, yeah. I don't want to say what could happen
or not happen.
MR. INABA: Yeah.
MR. FUKE: Madam Chair, can I ask a question, more like a procedural question,
then?
CHR. DAVID: Yes, Mr. Fuke. Go ahead.
MR. FUKE: There were two proposed amendments that were withdrawn.
Correct? One dealing with the water issue and the other one dealing with the
foundation. And so, the idea is for the applicant to work together with the
Committee Chair and come forth with language that will be, like, properly
numbered and all that stuff, and be considered in conjunction with the second and
final reading. So, if that's the case, then, we would be more than happy to kind of
along those procedural lines to review the recommendation or suggestions by
Council Member Inaba. And maybe we can agree wholeheartedly, or maybe
come forward with some tweaks, understanding what the broad, like, ask is. And
we're asking, basically, give us a chance to take a look at it and come forth with
either saying we can't agree with this. Or if we cannot agree with this, provide
the Committee Chair with an alternative language.
CHR. DAVID: That's reasonable. I believe that should be the most reasonable
way to proceed. Mr. Inaba, is that okay? Because, these proposedI mean, these
communications are still going to be alive and active on our agenda for the next
hearing.
MR. HENRICKS: I don't know whether it would be on the agenda, but yeah, we
could retain them to be on the agenda as a form of public notice.
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Withdraw Motion MR. INABA: Yeah, you know what? I think it's fine to withdraw and give the
to Amend: applicant an opportunity to review not just Ms. Kierkiewicz's amendments, but
this one as well. With that, though, and in light of this seeming to be a really big
ask for them, I will withdraw but I'm not comfortable today in moving forward
this to second and final reading with all of this language change going on. So, I
want to put that out before I withdraw my motion. But I withdraw the motion to
amend right now.
CHR. DAVID: Okay. So, Communication 601.16, the motion to amend Bill 115,
Draft 2, with that communication has been withdrawn by Mr. Inaba. Thank you.
Mr. Inaba, are you suggesting—what are you—as far as moving forward?
MR. INABA: I know we're back on the main motion, it appears, and we had, I
believe, three amendments then—is it two?
MS. KIERKIEWICZ: Chair, we've had two withdrawn.
MR. INABA: Including mine.
MS. KIERKIEWICZ: Three, including yours.
MR. INABA: Okay, very well. Three amendments withdrawn. So, with that, I
mean I know we're back on the main motion, and there might be further
discussion to be had, but we are kind of where we left off at the last time.
CHR. DAVID: Okay, I'll just call for discussion on the main motion. We're
back to the main motion.
MR. INABA: Okay.
CHR. DAVID: Ms. Lee Loy, go ahead. Do you have any ?
MS. LEE LOY: I have to think where we are. Thank you, Chair.
CHR. DAVID: You're welcome.
MS. LEE LOY: On the main motion. On the main motion, I support this project.
I think the applicants have demonstrated their willingness to listen and move
various amendments through or have the discussion. I think we have a great
foundation to make more amendments if necessary. I think it gets a little clunky
if we make amendments on second reading because then we're going to end up
having to hold it over for another reading. And so, I'm open.
I think what bothers me the most is I'm getting concerned that we're going too far
in amendments and that this project is getting augmented along the way; some of
it very good. But now, we're talking about units and really committing to the
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amount of units. And I just know, and Ms. Kimball brought this up, we're in a
process. And this process always starts with notice. And it's very clear to me, in
the land use process, there's an idea of what is going to be accomplished. And
my concern is that when we add in additional units, it feels a little bit like a bait-
and-switch, compared to what was originally represented to where we're headed.
I think the amendments we've done in Committee were good and the discussions
been great, but now, this is just beginning to feel a little bit out of bounds. I think
we all want affordables, workforce housing. I think what they're doing is on
point for a communityfrankly, a resort community that doesn't have members
of community in it. And this is what this bill does. I'm open to where we want to
go with this, but if we're going to make more amendments, I would rather do it on
first reading than at second reading.
Point of Order: MS. KIMBALL: Point of order, Chair.
CHR. DAVID: Thank you. Go ahead, Ms.thank you for that, Ms. Lee Loy.
Go ahead.
MS. KIMBALL: I didn't want to interrupt Council Member Lee Loy, but I
believe since we have passed one amendment on this bill that we actually need to
waive the Rules to continue discussion on the main motion. No? We're still at
first reading? Okay. Just clarifying that. Thank you.
CHR. DAVID: Thank you. Go ahead, Ms. Villegas.
MS. VILLEGAS: So, at this point, is it appropriate to make a motion to
postpone?
CHR. DAVID: It's up to you guys. Whoever wants to
MS. VILLEGAS: I would make that motion to postpone. I'm more comfortable
with keeping this at first reading, as well, as we continue to have amendments.
Motion to Amend: Ms. Villegas moved to postpone Bill 115, Draft 2,to
April 6, 2022. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion? Mr. Richards, go ahead.
MR. RICHARDS: I was going to comment on the original motion, but the
postponement will work because there is justification for the postponement. And
I agree with what Ms. Lee Loy said concerning making amendments because
doing it at second reading, we'll then have to go to a third reading. So,
procedurally, we're in the right direction.
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But I also want to comment on the reason we're going to have to do that is
because we've gone through the process. And what Ms. Kimball has said, we're
in a process. We're going forward. A lot of the hard work was done at
Committee, but now we are to me, it feels like we're moving the goal post and I
don't like that. And we have bills before us that are putting in workforce housing.
We all need it; we don't disagree with that. But the fact that we're dropping this,
not even at the I Ph hour, it's the I Ph hour and 59 minutes, I don't think that's
appropriate. So, I'll support the postponement but I really don't like the fact that
we're moving the goal post; that's not fair to the developer. And they have done
a lot to accommodate the community. So, I find this very distasteful. Chair, I
yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Ms. Kierkiewicz first and then I'll go to you, Mr. oh,
Mr. Kaneali`i-Kleinfelder, she's deferring to you. Go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you. I just—today's conversation
has been very interesting. I think, above all, we have an applicant in front of us
who's been very amenable to making some changes and really trying to codify
what their intentions are towards the community, and be very clear of what's the
purpose behind that. And I appreciate that immensely. I am not too impressed
with the conversation today, as a whole.
And I hope that the community's needs are heard. There's been a lot of
discussion so far. And I really hope that we do hear the community's needs here
and really work with this applicant, as they've been so open to setting I don't
think what we call a precedent, but more so just being open to work with the
community. So, I support the motion to postpone. I think it would be better for
us to come back at first reading and not feel rushed and concerned that we're
passing something that's not ready.
But to this point and to today, I feel like we've had a very open and worthwhile
discussion with the applicant and the community and within our own body. So,
I'll be supporting the motion to postpone. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, can I go
to Mr. Chung first? He hasn't spoken yet. Mr. Chung, go ahead.
MR. CHUNG: Yeah. Sometimes, it's interesting to see how two people can look
at a set of facts and come to different conclusions. I agree with Mr. Kaneali`i-
Kleinfelder 100 percent in terms of what's been forth by the developer. I haven't
said much during the course of these discussions, but I'm going to be voting
against the postponement; I know I'm going to be in the minority. And then, I'm
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going to talk, somewhat, about one of the motions or the amendments that have
been made, even if it's been withdrawn. But it has to do with my vote on the
postponement. And it really has to do with the increase in the workforce housing.
Mr. Richards talked about moving the goal post, and really at the last minute. It's
not something that you guys caused. It's something that the Council caused, and
then we're causing the postponement. What I'm worried about is this. I don't
know how this all will tie in. I mean, I know you've said in the past that if you
can develop more workforce housing, you will. But I think one of the main
constraints will be archeological studies, and that is going to take time to revisit. I
don't know if—and I don't know how the votes will lie on this Council in terms
of the ultimate measure. But I'm very concerned about how things are going.
And Maile brought up that whole issue about the foundation. That's not unlike
what I had mentioned the last time. I didn't want to bring it up again this time,
but it's this isn't sitting well with me, the way this is going, especially from an
outfit that has really bent over backwards in trying to address the concerns of this
body and of the community, within the constraints of their financial resources and
ability to develop. So,just as a protest vote, I'm going to be voting "no" against
the motion because we've taken this too far. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else on the motion?
Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I will also be voting against the
postponement. A lot of the amendments that have been put forward are the
continuation of discussion from prior Committee meetings. And I mean, as
Council Member Chung said, the developer has engaged us and community every
step of the way here. And so, I'm really taking that into consideration and
wanting to move this forward because you really don't have to negotiate and play
ball with us. You could just continue to move forward but you don't. You really
take everything that every single member of this body has elevated into
consideration and put a lot of thought behind the recommendations that are
coming forward. And so I'm voting "no," again in protest. But because I just feel
that we have a process that we need to be following in moving this forward so that
you believe in the process that we have to talk about and bring these projects
forward. So, I'll be voting against it. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Villegas, go ahead.
MS. VILLEGAS: I just, for me, my understanding is this is part of the process.
Amendments can be made at any point during our hearings. Living on the west
side, being very familiar with this property, I think that for me, and this is more of
a personal passion, peace is—it's challenging to sit andI just feel, for Holeka
and I, there's a lot more investment. This is the west side of the island. If
development of this size was coming in to Puna or Downtown Hilo, I think there
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would probably be, regardless of how amazing the developers are, which you
guys have been wonderful to work with, but based on the time that we're at in
history and all of the different issues that we are facing as an island„A and the
pleas that have been made for the last two years to transition away from such a
reliance on external resources and the visitor and tourist economy, I want you to
understand that that's why I'm asking for a postponement. And we are trying to
navigate where that compromise is.
And it does not take away from or mitigate the gratitude of this precedence of this
new opportunity for workforce housing within this space. But the question to me
becomes, is it enough? And 20 years from now, will the comment be, "Why did
you approve of that? That wasn't even that added such a burden in comparison
to the small mitigation of workforce housing.” So, those are the things that weigh
heavy on my heart and mind because we keep doing the same things, and we keep
ending up with the same 10-20 percent of workforce or affordable housing in it.
And we just keep perpetuating the model of the housing shortage. So, those are
my challenges.
I appreciate your graciousness with the process and with those of us who are
continuing to learn through it. But in my understanding, this is the time to make
amendments. This is the time to then postpone. There isn't a huge—I mean, you
guys have been working on this strategy for decades now. And so, I can't
imagine that another couple months is going to make or break it, as you continue
to do some more research on what this request would then entail for you guys.
So, thank you for taking that as humbly as possible from myself and from my
colleagues and to understanding where that puts us as representatives of
West Hawaii and for our constituents and what's happening right now. Thank
you. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Mr. Richards and then I'll go to
Ms. Kierkiewicz.
MR. RICHARDS: Thank you, Chair. And I don't want to belabor the point but,
Ms. Villegas, I completely disagree with you. District 9 is my district as well.
And this is the west side. And I fully support and appreciate what this group has
done coming forth. And in 20 years, they may look and say, "Why didn't you
approve this?" So, I think that's a very wrong way to approach this.
I do fully appreciate what Mr. Chung has said. And we are moving the goal post.
And so, I understand procedurally going forward of what we have to do to get
some of this stuff done. But I will also not be supporting the postponement
because I don't think it's right. They have come to the table. They have
delivered. They don't have to do any further workforce housing. We're not
talking about 250. We're talking about an additional 250. And there's space for
it; we can do it in the open green space that we so wanted. I mean, this has been
derailed. Thank you, Chair. I yield.
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CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you. Chair, I just want to urge that please engage
applicants. I mean, this is not just for this project but going forward. Do the work
of engaging with the applicant so that we are able to come to these discussions
ready and prepared to do the business that we were elected to do. And I just think
by dragging it on, what we do is become the very thing that we are always trying
to be avoiding, which is becoming a barrier in the process. So, I just urge that a
lot of these conversations happen in between meetings so that, as we are here, we
can come to discuss; the applicant is fully prepared to share their ability to
commit. But I think to put them on the spot this way, I don't know;just a little bit
inconsiderate. So,just urging that. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Chung, go ahead.
MR. CHUNG: Yeah, thank you again, Maile. I want to dispel any notion that in
my "no"vote on this deferral or postponement matter is to delay or to rush, I'm
sorry, to rush something through. We still have second reading. So, why can't
we at least move this ahead? In deference to the good work that these folks have
done, and keep it—now, take it to second reading. And if it gets postponed at that
time, well so be it. But I just don't see the reason to do it now. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Mr. Inaba, go ahead.
MR. INABA: Mr. Clerk, if we do amend on second reading, it would need to
have another reading? Is that correct?
MR. HENRICKS: It's not an additional reading. It's just that on any amendment
that is more than a typo would then put a holdover on the bill; it would stay at
second reading until the next regular meeting.
MR. INABA: Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. Yeah, I'm going to actually vote against the
postponement and, I was going to say it's not a protest vote. I'm doing it for a
few reasons, which is I do think we need to keep things in Committee longer if
they're not ready for prime time. And so, it is a vote based on procedure. We had
this in Committee for a couple of hearings, and that's where we need to do the
work, in my opinion. And that's my opinion. So, I'll be voting to move this
forward now. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? All right, on the motion
to postpone, I do believe, based on what we've discussed today, the many issues
we've talked about, you folks need some time to digest this. And I believe you
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will have that time between now and second reading. I don't particularly care to
postpone this anymore because I appreciate the fact that you folks have been
willing to sit here and negotiate something that was already approved at the
Planning Commission and in that process.
So, I think whatever we need to do can be done within two weeks at second and
final reading. And then however it ends up at that time, hopefully you have had
the opportunity to talk story with the Council Members that are proposing
amendments and come to an understanding or not. But you have two weeks to do
that. So, on that note, yes, I will not be supporting the postponement as well. So,
Mr. Clerk.
Vote on Motion The motion to postpone Bill 115, Draft 2, to April 6, 2022,
to Postpone: failed by the following roll call vote:
Failed
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
and Villegas —3.
Noes: Council Members Chung, Kierkiewicz, Kimball,
Lee Loy, Richards, and Chair David—6.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. Motion to postpone fails and Bill 115, Draft 2, as
amended with Communication 601.14, moves to second and final reading.
MR. HENRICKS: We're on the main motion now to pass on first reading
(inaudible).
CHR. DAVID: We're on the main motion, thank you, as amended. All right,
why don't you do a roll call vote, please.
Vote on Bill 115: The motion to pass Bill 115, Draft 2, as amended to
Draft 3 Draft 3, on first reading and adopt Planning Committee
(Approved) Report No. 49 was carried by the following roll call vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, and Richards —6.
Noes: Council Members Inaba, Villegas,
and Chair David—3.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
MR. HENRICKS: So, the motion carries.
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CHR. DAVID: Thank you. Can we just now move back to Bill 112?
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Bill 112: AMENDS SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM OPEN(0) AND MULTIPLE-FAMILY
RESIDENTIAL—8,000 SQUARE FEET (RM-8) TO MULTIPLE-FAMILY
RESIDENTIAL—6,000 SQUARE FEET (RM-6) AND SINGLE-FAMILY
RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIKOLOA,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-9-008:021,
POR. 027, POR. 028, AND POR. 031
(Applicant: Waikoloa Land Company) (Area: 45.932 acres)
The Leeward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop "Area A" of the
proposed Kumu Hou project, to consist of up to 264 multi-family residential units,
up to 25 single-family residential lots, and associated infrastructure. The
properties are located between the 75- and 76-mile markers on Queen Ka`ahumanu
Highway and west(makai) of the highway to the King's Highway Foot Trail,
`Anaeho`omalu and Waikoloa.
Reference: Comm. 595
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-48
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 112 on first reading
and adopt Planning Committee Report No. 48. Seconded
by Mr. Richards.
CHR. DAVID: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We've discussed this pretty
significantly with the companion measure. So, looking forward to the vote.
Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, Mr. Clerk, roll call
please.
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Hawaii County Council-35 March 23,2022
Vote on Bill 112: The motion to pass Bill 112 on first reading and adopt
(Approved) Planning Committee Report No. 48 was carried by the
following roll call vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, and Richards —6.
Noes: Council Members Inaba, Villegas,
and Chair David—3.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. And now, can we move tooh, Bill 112 moves
forward to second and final reading. And I believe there was another out-of-order
request. Bill 134,please.
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:
Bill 134: AMENDS SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES
(A-20a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT KALAOA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-7-008:130
(Applicant: Garvin and Laura Goode) (Area: Approx. 9.581 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to seek subdivision of the
property into three lots for conveyance to family members and continued operation
of an approved bed and breakfast establishment. The property is located at
27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalaoa
Camp Road in South Hilo.
Reference: Comm. 656
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-50
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 134 on first reading
and adopt Planning Committee Report No. 50. Seconded
by Mr. Inaba.
(Note: At this time, Sidney Fuke, applicant's representative, came
forward to address the members of the Council.)
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
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MS. KIERKIEWICZ: Thank you, Chair. We had robust discussion in
Committee. We appreciate the Goodes' presence during Committee. Mr. Fuke,
representative for the applicant, is here if we have any questions. Thank you,
Mr. Fuke, for your presence.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Kimball, go ahead.
MS. KIMBALL: Yes. Chair, I'm just reminding folks I am recusing myself from
decision-making on this Particular matter on the advice of Corp. Counsel.
CHR. DAVID: Oh, that's right.
MS. KIMBALL: Thank you.
CHR. DAVID: Thank you for that reminder. Anyone else? Seeing none,
Mr. Clerk, a roll call, please.
Vote on Bill 134: The motion to pass Bill 134 on first reading and adopt
(Approved) Planning Committee Report No. 50 was carried by the
following roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Member Chung— 1.
Excused: Council Member Kimball — 1.
CHR. DAVID: Thank you.
MR. FUKE: Thank you very much, Madam Chair, for putting me out of order.
CHR. DAVID: Thank you, Mr. Fuke, for your patience. Okay, let's go back to
the top of the agenda. Not the top, but I think we're at Bill 125. Am I correct?
MS. KIERKIEWICZ: Yes.
CHR. DAVID: Yup. Okay.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Bill 125: AMENDS CHAPTER 4, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO ANIMALS
Amends and adds definitions relating to injuries caused by Dangerous Dogs,
revises penalties for those who are convicted of negligent failure to control a
Dangerous Dog, adds provisions for habitual negligent failure to control a
Dangerous Dog, and adds additional penalties for violations of Dangerous Dogs
regulations.
Reference: Comm. 642
Intr. by: Ms. Kierkiewicz
Approve: PRPSC-34
(Note: Comm. 642.5, from Council Member Ashley L. Kierkiewicz dated
March 21, 2022, transmitting proposed amendments to Bill 125, was circulated.)
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 125 on first reading
and adopt Parks and Recreation and Public Safety
Committee Report No. 34. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 125 with the
contents of Comm. 642.5. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you very much, Chair. And I also have Corporation
Counsel Deputy Cody Frenz on Zoom in case folks have technical questions. But
these amendments are really coming forward after our really incredible discussion
during Committee. Council Member Chung pointed out placement of commas.
So, those had been moved so that there is real clarity and understanding with the
various fines and penalties that are being prescribed here that align with statute.
And I also just want to mahalo nui Council Member Kaneali`i-Kleinfelder for
bringing forth the conversation around clarity regarding the seizure and
impoundment of the dog that has attacked a person or another animal. And so, we
also were sure to elevate those insights here.
I also wanted to just take a moment to acknowledge some of the testimony that
has come in on some of these amendments. Dr. Carl Oguss, for instance, asked
about retraining, rehoming the animal (see Comm. 642.43). After reviewing the
existing language of the Code, in additional penalties we found that it had already
been listed. So, there was really no need to add another amendment to include
that language. So,just appreciate everyone's continued support on this measure.
Thank you, Chair.
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CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else on the motion to
amend? Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. Yeah, I'm going to be supporting this
amendment. It really does just reinforce a big policy shift that we need to have
happen here in Hawaii County. And I just really want to thank Ms. Kierkiewicz
for tackling this section of the Code that just, maybe pun intended, needed a little
bit more teeth. So, thank you and thank you for listening and advancing these
amendments. Chair, I yield.
CHR. DAVID: Thank you. Anyone—Ms. Kimball, go ahead on the amendment.
MS. KIMBALL: Yeah, I'll also be supporting the amendment, and I just wanted
to compliment you, Council Member Kierkiewicz and Deputy Corp. Counsel, on
how nicely you addressed the language of the duration of holding the animals. I
think we had a very thorough discussion around having some intentionality
behind that, and I think you've come up with a really nice solution. So, thank you
and I'll be supporting this.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Mr. Kaneali`i-
Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you very much. Mahalo,
Ms. Kierkiewicz, for listening to some of the points that I think were raised by the
community and different members who have come forward, and really clarifying:
What do we do with the dog that's held? What do we do with the dog itself?
Where is it held? How long? I think those are really important things to nail
down. It takes away from kind of this ether that the dog will be floating in and
really sets some concrete guidelines for how it's handled, and at the same time
protects the community. So, really appreciate you being open to that and taking
into account, and getting that amendment turned around so fast. So, appreciate it.
Thank you. I'll be supporting this today.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the
amendment? Mr. Richards, go ahead.
MR. RICHARDS: Yeah. I will echo Mr. Kaneali`i-KI einfelder's statement that
these are good amendments. I'm fully supportive of this going forward. So,
thanks, Ms. Kierkiewicz.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of amending Bill 125 with the contents of Communication 642.5,please
say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Motion The motion to amend Bill 125 with the contents of
to Amend: Comm. 642.5 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Richards, and Chair David—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. DAVID: Now, we're back to the main motion, as amended. Any
discussion? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I just, again, wanted to take the
opportunity to mahalo the community for continuing to show up and provide
testimony via Zoom, via email, sending it to our office, sharing it out on
Facebook. Our office reads all of that, and we take all of that into consideration.
So, thank you for being part of the process.
I also want to mahalo (Deputy) Corporation Counsel Cody Frenz, Prosecutor
Waltjen, Chief Ferreira. I think we went through ten different iterations of this
particular amendment with the help of Leslie Chow and our Clerk Jon Henricks.
So thank you all, so much. This was a real team effort to ensure that we have the
best possible language here in our Code because this was such a needed update.
And I just appreciate everyone's support here because it is something that is going
to allow for justice and accountability.
And I do want to report Captain Amaral was here yesterday for the Haweo
Award. And he said, "Ash, you don't even know how many more calls we have
been getting because of this bill,"because people now know there is a potential
tool. There's a tool and it's spotlighted additional needs and changes that need to
be made to Chapter 4. So, I appreciate everybody paying attention and believing
in this process. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 125, as amended with Communication 642.5,
please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Bill 125: The motion to pass Bill 125, as amended to Draft 2, on first
Draft 2 reading and adopt Parks and Recreation and Public Safety
(Approved) Committee Report No. 34 was carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Richards, and Chair David—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Bill 128: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Decreases the County of Hawaii—Tenant Based Rental Assistance Program
account($2,035,200) and the University Heights Home Reconstruction account
($289,800); and appropriates the funds to the Hale Na Koa O Hanakahi
Independent Senior Housing account($2,325,000).
Reference: Comm. 647
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-114
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 128 on first
reading and adopt Finance Committee Report No. 114.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Is Ms. Kunz on from Housing?
(Note: At this time, Housing Administrator Susan Kunz and Housing and
Community Development Specialist VI Royce Shiroma came forward to
address the members of the Council.)
MR. KANEALII-KLEINFELDER: There she is. Thank you for being here
today, Director. How are you doing?
MS. KUNZ: I'm good.
MR. KANEALII-KLEINFELDER: Beautiful. Yeah,just give us a little
background on this. This is at first reading.
MS. KUNZ: Yeah. And I also want to mention I have Royce Shiroma also on
this call, who is the Grants Division Manager who oversees these programs. But
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Hawaii County Council-35 March 23,2022
basically, this is the transfer of funds from the originally awarded Tenant-Based
Rental Assistance Program. We've had a slow up on some of the expenditure to
this particular program because of the rent program monies that we've received
this past year. So, we are going to be moving these funds to another project so
that we can spend down these monies. And this is the veteran homes project on
Kino`ole Street. Royce, did you want to add in any more detail to the project?
MR. SHIROMA: No. That was it.
MS. KUNZ: Okay.
MR. SHIROMA: Yeah. They came in. They applied and they have notified us
that they wanted to not accept the money. Yeah.
MR. KANEALI`I-KLEINFELDER: Okay, thank you very much. And this is
that lot, right, right above the 7-11 below the university?
MS. KUNZ: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. It's been a long time coming, so it's
exciting
MS. KUNZ: It has.
MR. KANEALI`I-KLEINFELDER: To get moving forward. Thank you. I
appreciate it. Okay, I yield, Chair. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Bill 128 at first reading, please say "aye."
Vote on Bill 128: The motion to pass Bill 128 on first reading and adopt
(Approved) Finance Committee Report No. 114 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kierkiewicz and Richards —2.
Excused: None.
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Hawaii County Council-35 March 23,2022
Bill 129: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Federal - Emergency Rental Assist Program
COVID-19 (ERA2 PT) account($5 million); and appropriates the same to
the Emergency Rental Assistance Program COVID-19 (ERA2 PT) account
($4.5 million) and the Emergency Rental Assistance Program COVID-19
(ERA2 PT) —Administration account($500,000). Funds would be used to assist
Hawaii County households that directly or indirectly experienced financial
hardship due to the COVID-19 pandemic and can demonstrate a risk of
experiencing homelessness or housing instability.
Reference: Comm. 648
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-115
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 129 on first
reading and adopt Finance Committee Report No. 115.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: We touched on this idea briefly during
Resolution 331. It's really opportune for our community, especially if you look at
different things that are happening in our economy, in our populations. So,just
appreciate the movement by our department of housing and Sharon Hirota and
Susan Kunz to get this done.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 129 at first reading, please say "aye."
Vote on Bill 129: The motion to pass Bill 129 on first reading and adopt
(Approved) Finance Committee Report No. 115 was 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: Council Member Richards — 1.
Excused: None.
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Hawaii County Council-35 March 23,2022
Bill 130: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
JUNE 30, 2022
Increases revenues in the Office of Housing and Community Development's
Community Development Block Grant(CDBG) Program Income account
($200,000); and appropriates the same to the Ulu Wini Low Income Housing
Wastewater Treatment Plant—Repairs account, bringing the total appropriation to
$350,000.
Reference: Comm. 649
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-116
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 130 on first
reading and adopt Finance Committee Report No. 116.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: As you can see in your notes, we had a good
Committee discussion on this item. No further discussion. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 130 at first reading, please say "aye."
Vote on Bill 130: The motion to pass Bill 130 on first reading and adopt
(Approved) Finance Committee Report No. 116 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.
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Hawaii County Council-35 March 23,2022
Bill 131: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2021 TO JUNE 30, 2022
Increases the Environmental Management Hilo Wastewater Treatment Plant
Upgrades-Phase I project by $13 million, bringing the total appropriation to
$18 million. Funds for this project shall be provided from the General Obligation
Bonds, Capital Projects Fund -Fund Balance and/or Other Sources and would be
used towards the design of an alI-encompassing renovation of the Hilo Wastewater
Treatment Plant.
Reference: Comm. 653
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-117
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 131 on first
reading and adopt Finance Committee Report No. 117.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: No, I don't have any further discussion.
There were some questions raised during Committee, and I just want to make sure
everyone's questions were answered by the Director. We do have Ms. Sako here
available as well.
CHR. DAVID: Thank you. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. I just want to thank Ms. Sako for providing us with
a list of all the projects that will go along with this measure. So, thank you,
Deanna, for giving that to us. I yield.
CHR. DAVID: Yes, thank you. Thank you for that, Ms. Lee Loy. I saw that
from Director. Anyone else? Seeing none, all those in favor of approving
Bill 131 at first reading,please say "aye."
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Hawaii County Council-35 March 23,2022
Vote on Bill 131: The motion to pass Bill 131 on first reading and adopt
(Approved) Finance Committee Report No. 117 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 132: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE
(Draft 2) COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A
PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS;
FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS
OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC;
AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE
ISSUANCE AND SALE OF THE BONDS
Authorizes the issuance of up to $149,500,000 in General Obligation Bonds to
fund certain Capital Improvement Projects including: design and construction
costs for renovation of the Hilo Wastewater Treatment Plant; Public Works facility
repair and maintenance; Parks and Recreation facility repair and maintenance;
repair and maintenance at County Housing projects; Animal Control facilities
acquisition and maintenance; Solid Waste facilities repair and maintenance; and
Bond Issuance Costs.
Reference: Comm. 654.2
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-118
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 132, Draft 2,
on first reading and adopt Finance Committee Report
No. 118. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Again, good discussion in Council. This is a
big move for our County. Ms. Sako is here and has been waiting very patiently,
specifically for this item, in case any questions should arise. I yield for now.
CHR. DAVID: Thank you. Any other—Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I just want to acknowledge
Director Sako. Mahalo nui for taking the time to generate that spreadsheet that
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Hawaii County Council-35 March 23,2022
we asked for where all the department heads were listing the projects that they
intended to fund with this GOB (General Obligation Bond). And so, I just wanted
to recognize that because it does take a lot of time and energy and effort to pull all
this information together. So, we have it; it's very helpful. And I will be
supporting this measure because it does provide us with the funding leverage we
need. And we know that you're going to be moving very carefully, Ms. Sako,
ensuring that we use all the available Federal money first. But this also just gives
us a little bit more leverage and buying power. So, thank you, Chair. I yield.
CHR. DAVID: Mr. Richards.
MR. RICHARDS: Yeah, thank you. And echoing Ms. Kierkiewicz, thank you,
Ms. Sako, for the list and taking the steps forward to get these things addressed in
our County. We know the needs in the County are great, and this is a big swing at
it but we've got a lot more to do. Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, appreciate the list. The other request was a brief
paragraph of rationale as to why these particular projects were chosen. Some of
these are obviously immediate needs and urgent, others less so. So, I still would
like to request, before we hear this in final reading,just a brief description from
each department as to how they chose the projects selected to be funded through
this ordinance. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those in
favor of approving Bill, where are we, 132, Draft 2, please say "aye."
Vote on Bill 132: The motion to pass Bill 132, Draft 2, on first reading and
Draft 2 adopt Finance Committee Report No. 118 was carried by
(Approved) 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-35 March 23,2022
Bill 142: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the State Grants —Kukuiola Assessment Center and
Emergency Shelter account($4,000,000), and appropriates the same to the
Kukuiola Assessment Center and Emergency Shelter account. Funds would be
used for the planning, design, and construction of the public access road to the
Kukuiola Assessment Center and Emergency Shelter.
Reference: Comm. 681
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Bill 142: Mr. Kaneali`i-Kleinfelder moved to pass Bill 142 on first
(Approved) reading. 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.
Bill 143: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Federal Grants —Housing Choice Voucher Program
account($450,000); and appropriates the same to the Voucher Rental Subsidies
account, bringing the total appropriation to $21,450,000. Funds would be used for
rental assistance for eligible program participants.
Reference: Comm. 682
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-35 March 23,2022
Vote on Bill 143: Mr. Kaneali`i-Kleinfelder moved to pass Bill 143 on first
(Approved) reading. Seconded by Ms. Lee Loy 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 144: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Fund Balance from Previous Year account($50,000),
and appropriates the same to the Kulaimano Operations Maintenance account.
Funds would be used for a design and feasibility study for adding buildings to the
Kulaimano Elderly Housing project.
Reference: Comm. 683
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Bill 144: Mr. Kaneali`i-Kleinfelder moved to pass Bill 144 on first
(Approved) reading. Seconded by Ms. Lee Loy 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: Mr. Clerk, can we move on to Order of the Day.
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):
Page 76
Hawaii County Council-35 March 23,2022
Bill 121: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Fund Balance Reserved for Liquor Control account
($100,000); and appropriates the same to the Liquor Control Other Current
Expenses account($100,000). Funds would be used to cover costs associated with
internet and phone installation at the West Hawaii office located in Kailua-Kona.
Reference: Comm. 621
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Vote on Bill 121: Mr. Kaneali`i-Kleinfelder moved to pass Bill 121 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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 133: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Interest—County Revolving account($1,185.16), and
appropriates the same to the following accounts: Wainani Estates Subdivision
Phase 1 ($242.32) and Kona Operations Partnership Housing ($942.84).
Reference: Comm. 655
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
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Hawaii County Council-35 March 23,2022
Vote on Bill 133: Mr. Kaneali`i-Kleinfelder moved to pass Bill 133 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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 135: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Interest—Other Federal —COVID-19 account
($1,038.90), and appropriates the same to the Housing Assistance Program
Administration—COVID 19 account.
Reference: Comm. 658
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Vote on Bill 135: Mr. Kaneali`i-Kleinfelder moved to pass Bill 135 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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-35 March 23,2022
Bill 136: AUTHORIZES THE ISSUANCE OF SPECIAL TAX REVENUE BONDS OF
THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING THE
COSTS OF CERTAIN PUBLIC IMPROVEMENTS AND INCIDENTAL
EXPENSES RELATING TO THE COUNTY'S COMMUNITY FACILITIES
DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT); AMENDS CERTAIN
PROVISIONS OF THE ORDINANCE OF FORMATION FOR THE DISTRICT
RELATING TO THE LIEN OF THE SPECIAL TAXES SECURING SUCH
BONDS; FIXES OR AUTHORIZES THE FIXING OF THE FORM,
DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS
AND PROVIDES FOR THE SALE OF SUCH BONDS TO THE PUBLIC
Authorizes the issuance of up to $22 million in special tax revenue bonds to acquire
and construct sewer improvements and to pay for incidental expenses.
Reference: Comm. 660
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 136 on
second and final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I believe we've had a very good discussion
on this, and this is a good opportunity. Mahalo. I yield, Chair.
CHR. DAVID: Thank you. Seeing no other discussion on this side, all those in
favor of approving Bill 136 at second and final reading, please say "aye."
Vote on Bill 136: The motion to pass Bill 136 on second and final reading
(Adopted) 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.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
(There were none.)
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Hawaii County Council-35 March 23,2022
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.
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 121: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Fund Balance Reserved for Liquor Control account
($100,000); and appropriates the same to the Liquor Control Other Current
Expenses account($100,000). Funds would be used to cover costs associated with
internet and phone installation at the West Hawaii office located in Kailua-Kona.
Reference: Comm. 621
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Vote on Bill 121: Mr. Kaneali`i-Kleinfelder moved to pass Bill 121 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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.
Page 80
Hawaii County Council-35 March 23,2022
Bill 133: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Interest—County Revolving account($1,185.16), and
appropriates the same to the following accounts: Wainani Estates Subdivision
Phase 1 ($242.32) and Kona Operations Partnership Housing ($942.84).
Reference: Comm. 655
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Vote on Bill 133: Mr. Kaneali`i-Kleinfelder moved to pass Bill 133 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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 135: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Interest—Other Federal —COVID-19 account
($1,038.90), and appropriates the same to the Housing Assistance Program
Administration—COVID 19 account.
Reference: Comm. 658
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Vote on Bill 135: Mr. Kaneali`i-Kleinfelder moved to pass Bill 135 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy 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-35 March 23,2022
Bill 136: AUTHORIZES THE ISSUANCE OF SPECIAL TAX REVENUE BONDS OF
THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING THE
COSTS OF CERTAIN PUBLIC IMPROVEMENTS AND INCIDENTAL
EXPENSES RELATING TO THE COUNTY'S COMMUNITY FACILITIES
DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT); AMENDS CERTAIN
PROVISIONS OF THE ORDINANCE OF FORMATION FOR THE DISTRICT
RELATING TO THE LIEN OF THE SPECIAL TAXES SECURING SUCH
BONDS; FIXES OR AUTHORIZES THE FIXING OF THE FORM,
DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS
AND PROVIDES FOR THE SALE OF SUCH BONDS TO THE PUBLIC
Authorizes the issuance of up to $22 million in special tax revenue bonds to acquire
and construct sewer improvements and to pay for incidental expenses.
Reference: Comm. 660
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 9, 2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 136 on
second and final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I believe we've had a very good discussion
on this, and this is a good opportunity. Mahalo. I yield, Chair.
CHR. DAVID: Thank you. Seeing no other discussion on this side, all those in
favor of approving Bill 136 at second and final reading, please say "aye."
Vote on Bill 136: The motion to pass Bill 136 on second and final reading
(Adopted) 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.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
(There were none.)
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Hawai`i County Council-35 March 23,2022
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.
ADJOURN- There being no further business, at 12:06 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Lee Loy 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: We are adjourned. Mahalo, everybody.
Council Approval: APR 0 2022
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