HomeMy WebLinkAboutMIN COUNCIL 2022-04-06 2020-2022 Hawaii County Council
361h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
April 6, 2022
INVOCATION: Pastor Daniel Tomita of Kinoole Baptist 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, Hilo, 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
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 At this time, Council Members observed a moment of silence in recognition of
EXPRESSIONS OF the passing of Kumu Hula Johnny Lum Ho.
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-36 April 6,2022
Dale Ross: Res. 355-22 (Comm. 697), in support.
(representing Veterans of
Foreign Wars)
Andre Hassid: Bill 115, Draft 3 (Comm. 601.19), comment.
Loke: Bill 125, Draft 2 (Comm. 642.6), in support.
Jamae Kawauchi: Comm. 635, in support.
(representing Chad Fukui)
Pualani Kanahele: Res. 362-22 (Comm. 707), in support.
Dean Au: Bill 112 (Comm. 595),
(representing Hawaii (see Comm. 595.125); and
Regional Council of Carpenters) Bill 115, Draft 3 (Comm. 601.19), in support.
Sylvia Dolena: Bill 125, Draft 2 (Comm. 642.6), in support.
John Ku`uhoamele Cuban: Res. 362-22 (Comm. 707), in support.
Meleana Manuel: Res. 362-22 (Comm. 707), in support.
Christopher Delaunay: Bill 112 (Comm. 595); and
(representing Pacific Resource Bill 115, Draft 3 (Comm. 601.19), in support.
Partnership)
Margaret Bartelt: Bill 125, Draft 2 (Comm. 642.6), in support.
Lahala Spencer: Res. 362-22 (Comm. 707), in support.
(representing Huamakahikina) (see Comm. 707.1)
Nathaniel Kinney: Bill 112 (Comm. 595),
(representing Hawaii (see Comm. 595.125); and
Regional Council of Carpenters) Bill 115, Draft 3 (Comm. 601.19), in support.
Douglas Lilly: Bill 112 (Comm. 595); and
Bill 115, Draft 3 (Comm. 601.19), in support.
Bobby Brown: Bill 112 (Comm. 595); and
Bill 115, Draft 3 (Comm. 601.19), in support.
Pane Meatoga III: Bill 112 (Comm. 595); and
(representing Hawaii Bill 115, Draft 3 (Comm. 601.19), in support.
Operating Engineers Industry
Stabilization Fund)
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Hawaii County Council-36 April 6,2022
Wayne Perrin, Jr.: Bill 112 (Comm. 595); and
Bill 115, Draft 3 (Comm. 601.19), in support.
Laura Mallery-Sayre: Res. 354-22 (Comm. 696), in support.
(representing Daniel R. Sayre
Memorial Foundation)
Dwight Vicente: Bill 107 (Comm. 575);
Bill 112 (Comm. 595);
Bill 115, Draft 3 (Comm. 601.19);
Bill 143 (Comm. 682);
PC-51 (Comm. 666);
PC-52 (Comm. 667); and
PC-53 (Comm. 668), in opposition.
CHR. DAVID: Mr. Clerk, I think we're going to do the "Approval of Minutes,"
then we're going to jump to "Reports," and then a resolution and a bill out of
order. So, can we do the "Approval of Minutes"?
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 February 9,
of Minutes: 2022. 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 Approval Ms. Lee Loy moved to approve the Minutes of March 9,
of Minutes: 2022. 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.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Can we move to "Reports"?
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
PC-51: NOMINATION OF ZAHEVA KNOWLES TO THE LEEWARD PLANNING
(Comm. 666) COMMISSION
Requires Council
Confirmation by: April 9, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-51: Ms. Lee Loy moved to adopt Planning Committee Report
(Adopted) No. 51. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
PC-52: NOMINATION OF MICHAEL DELA CRUZ TO THE LEEWARD PLANNING
(Comm. 667) COMMISSION
Requires Council
Confirmation by: April 9, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-52: Ms. Lee Loy moved to adopt Planning Committee Report
(Adopted) No. 52. 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.
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Hawaii County Council-36 April 6,2022
PC-53 NOMINATION OF LOUIS V. DANIELE III TO THE WINDWARD
(Comm. 668): PLANNING COMMISSION
Requires Council
Confirmation by: April 9, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-53: Ms. Lee Loy moved to adopt Planning Committee Report
(Adopted) No. 53. 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 for that. Now, could we please go to Resolution 362?
Res. 362-22: SUPPORTS THE HUAMAKAHIKINA DECLARATION ON THE INTEGRITY,
STEWARDSHIP, AND PROTECTION OF HULA AS RATIFIED AT THE
KUPUKALALA KUMU HULA CONVENTION HELD VIRTUALLY IN
AUGUST 2021
Supports efforts to advance the practice of hula to the fullest extent possible.
Reference: Comm. 707
Intr. by: Ms. David
Motion to Approve: Ms. Lee Loy moved to adopt Res. 362-22. Seconded by
Ms. Villegas.
CHR. DAVID: If it's okay with Council Members, I would like to just say a few
words. I really want to thank the kumu hula who have showed up today. This is
such an important declaration. I was so honored and proud when I was asked to
bring this resolution forward. I believe everything that you folks are advocating
for has been an issue or issues for generations. And to bring it forward in this
manner, I'm so happy. So, I really want to thank you folks for all your hard work,
and generations of you in maintaining such a cultural heritage that is unsurpassed
in my mind. So, I just ask for my colleagues' support on this, and I will take
some comments from my Council Members. Thank you so much. Council
Members? Ms. Kierkiewicz, go ahead.
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Hawaii County Council-36 April 6,2022
MS. KIERKIEWICZ: Mahalo nui, Chair, and I kako`o all of that. As you
brought this forward and you held a moment of silence for Uncle Johnny, I just
reflected on my time as a haumana of Halau O Ka Ua Kani Lehua. I danced for
Uncle Johnny in my youth for 13 years, and I regret not going back. But I am so
grateful to have been part of his halau and to dance with Aunty Dee and
Aunty Toni and all those amazing women, and to just have hula part of my life.
And through that,just was able to develop so much discipline and confidence, but
also perpetuate culture and find a way to continuously share aloha with the rest of
the community and the world. So, I will be supporting this declaration and
resolution wholeheartedly, and I hope that there are ways that I know it's your
last term but there are ways that we can continue to support this in other ways as
Council Members. So, thank you for putting this forward. I yield.
CHR. DAVID: Thank you so much, Ms. Kierkiewicz. Mr. Richards, go ahead.
MR. RICHARDS: Chair David, thank you so much because—and you and I have
discussed about this. Growing up, we have seen the evolution of our community
and society, and this is a great way of reminding us of the past while learning and
looking towards the future. And so just kind of a renaissance I've seen it in my
lifetime. This is exactly the right thing to do; support and actually help grow
going forward. So, fully support. Thank you so much. And thank you.
CHR. DAVID: Mahalo, Mr. Richards. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Mahalo, Chair David, first of all, for bringing this resolution before
us, but to the individuals who put together such a strong document that all of
numerous kumu hula could come and support. And if you look at this declaration,
I think it's even more powerful that it can transcend beyond hula itself. But it
speaks to culture and traditions; abuse to those things, ignorance, not just when it
comes to the hula but the way of our life. Protecting what we know and what we
love to be Hawaii. And that's what's so powerful about this document. So, I just
wanted to mahalo those who really put this together. And I hope that this is also
kind of perhaps a springboard for us to make better decisions because these apply
to other decisions that we make beyond hula itself. So, mahalo to you, all. Chair,
I yield.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, go ahead.
MS. VILLEGAS: I concur with all of the powerful sentiments just shard by
Council Member Inaba. As I read through this document, the terminology, the
powerful reclaiming, realigning, and recognizing the need to protect from
exploitation is so poignantly written about in this document. I thank you. It takes
a lot of hard work to sit down with a blank piece of paper and navigate what I can
only imagine were decades, if not centuries, of cultural trauma and exploitation.
And so, to take that negative and that challenge and to put together a piece of
legislation that can operate within western confines and be recognized as a
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Hawaii County Council-36 April 6,2022
resolution, but that contains these words that articulate not just the pain but the
progress and the moving forward and the reclamation, and creates boundaries,
standards of behavior, and expectations and kuleana, right.
And so, thank you for this. This is really exceptional and I consider it a great
honor to get to be here today and vote in support of this. So, mahalo for all the
work that it took to create this. This took a lot of work. So, thank you for that
and for articulating and continuing. I'm a big white girl, right? But I have such
respect for the lineage and the truth and the wisdom that resides in our host
culture. And so, thank you for making sure that everyone gets held accountable
for any way that they reflect it or practice. Mahalo you.
CHR. DAVID: Mahalo, Ms. Villegas. Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. I just wanted to mahalo you
for bringing this forward. Occasionally, you bring forward some really beautiful
types of legislation and this is one of them. I appreciate you on the Council, and I
do appreciate our testifiers who came in today in support of this measure. Again,
just want to mahalo you, Ms. David, for doing this. Thank you.
CHR. DAVID: Thank you. My pleasure. Anyone else? Ms. Lee Loy, go ahead.
MS. LEE LOY: Yeah. I do echo you bringing this forward, along with the
authors and the signatory. They are an all-star cast. And to have Aunty Pua come
and testify before the Council just places so much mana behind the document
itself but also the companion resolution. Oftentimes, it's very hard to articulate
Hawaiian culture in this colonial space that we have, and this really does bridge
that for us. So, thank you so much for that.
And also, oftentimes, culture is done in significant ways and alignments. We had
`61elo a month ago. We have this. We have the passing of a kumu hula, but we
also get to celebrate hula in the next few weeks here with the return of our Merrie
Monarch festivals. And so, I think that speaks volumes not only to the document
itself but what perfect timing all of this is coming together. So, thank you,
Ms. David, and I will be supporting this resolution.
CHR. DAVID: Thank you so much. Anyone else? Vice Chair Chung, go ahead.
MR. CHUNG: Thanks, Maile. And thank you for bringing this up. Very
interesting. I'm probably the least qualified person to speak on hula here, and I'm
not going to fake, yeah, my knowledge or anything like that. But as Holeka said,
this thing can be extrapolated to other things, too, because the words that I see
here are really "integrity,"yeah, and then "exploitation" on the other side, right.
And then, for years and years, I just get kind of irked when I see people outside of
our State really using or misusing or exploiting things that are from here. And it
can be as Hawaiian as the hula. Could be coffee. Right? You had the Kona
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Hawaii County Council-36 April 6,2022
coffee naming and other things. Just the names of—and even something as local
as the loco moco. I see those guys using them, right, in the Mainland. So, I really
think this has a broader application. I really wanted to thank you, though, Maile,
for this, yeah. That's just my perspective. Thank you.
CHR. DAVID: Thank you, Vice Chair Chung. Anyone else? Ms. Kimball.
MS. KIMBALL: I just have to because I have to refute Council Member Chung's
statement that he is the least qualified. I think I actually bear that title. But I do
want to say that I certainly appreciate you putting this forward. I think Council
Member Inaba is right, that this is something that can be extrapolated to many
other areas. But one of the things I wanted to just key in on real quick is one of
the testifiers mentioned this is actually kind of a starting point, and that there's
some work for us in here. And so, I look forward to partnering with all of the
folks that have worked on this to see how we can really enact some of these
efforts in a real tangible way. So again, thank you, Chair David, for putting this
forward. Thank you to everyone that put in just such enormous effort to create
this declaration and those that took the time to testify today. I appreciate it and
I'm happy to support. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Seeing no other discussion, I just really
wanted to express the thanks to me goes to Lahela Spencer, Kumu Lahela
Spencer. She brought this to my attention. And despite the timeframe of it, she
apologized for it, but I think things happen for a reason. And then, we, like
Council Person Lee Loy mentioned, it's so appropriate that we do this, and we
discuss this right before Merrie Monarch.
And when I saw Aunty Pua walking down the hallway this morning, my heart just
smiled so big because Lahela said that she was going to come and testify, and that
was a blessing to me. And it makes this resolution and all the work that the
200-plus kumu hula had done outstanding and just speechless. So, I really thank
every single one of you for continuing our cultural heritage, which is so
important. And thank the Council for their support. Mr. Clerk, do a roll call or
just a vote? Take a vote? Thank you. All those in favor of approving
Resolution 362-22, please say "aye."
Vote on Res. 362-22: The motion to adopt Res. 362-22 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.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Mahalo. Mahalo nui, everybody, for coming. Thank you.
Mr. Clerk, I have a request that we take Bill 134 out of order also.
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)
First Reading: March 23, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 134 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. We had significant discussion in Committee
and at first reading, but we also have Mr. Sid Fuke, representative for the
application here if there are any questions. I'll be supporting this measure and
encourage my colleagues to do so as well. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Kimball, go
ahead.
MS. KIMBALL: Just reminding the Chair that I have recused myself from
decision-making on this item.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 134 at second and final reading, please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Bill 134: The motion to pass Bill 134 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Kimball — 1.
CHR. DAVID: All right, can we just go up to the top and do the resolutions
before we get into the bills?
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Res. 362-22 in this category was taken up previously, out of
order.)
Res. 345-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SERVICE
ADDENDUM WITH SUSTAINABILITY PARTNERS LLC FOR THE
PROVISION OF BATTERY ELECTRIC INFRASTRUCTURE AND BATTERY
ELECTRIC BUSES
Authorizes the Mayor to enter into a 10-year service addendum for the
construction of a new infrastructure network and the acquisition of five 35-foot
electric buses.
Reference: Comm. 680
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-119
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 345-22 and
Finance Committee Report No. 119. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-36 April 6,2022
MR. KANEALII-KLEINFELDER: Mahalo, Chair. We had a good discussion
regarding this resolution in Committee, and I look forward to everyone's
continued support. It's a great opportunity for our community in moving towards
electrification of our transit fleet.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 345-22, please say "aye."
Vote on Res. 345-22: The motion to adopt Res. 345-22 and Finance Committee
(Adopted) Report No. 119 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. 353-22: 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 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 695
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 353-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. This is, I think, the third contribution by one of us
to this so I won't go into the program in great detail, but just look for everyone's
support. Thank you.
CHR. DAVID: Thank you. Mr. Richards, go ahead.
MR. RICHARDS: I just want to add thanks, all Council Members, for the
support for the YWCA (Young Women's Christian Association) and YMCA
(Young Men's Christian Association). Great organizations.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 353-22, please say "aye."
Vote on Res. 353-22: The motion to adopt Res. 353-22 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. 354-22: 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 DANIEL R. SAYRE
MEMORIAL FOUNDATION TO PURCHASE A WATER FILTRATION
SYSTEM AND ICE MAKER FOR THE HAWAII FIRE DEPARTMENT'S
KAILUA FIRE STATION IN WEST HAWAII
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Hawaii Fire Department, Fire Protection-
Other Current Expenses account.
Reference: Comm. 696
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 354-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. Asking for your support. And Ms. Sayre was able to
give a little bit of background. But happy with that private donation, from a
homeowner whom the Fire Department helped, with my own contingency funds
from our offices was able to purchase these two items, much-needed at the
station. So, thank you for your support.
CHR. DAVID: Anyone else? Seeing none, all those in favor of approving
Resolution 354-22, please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Res. 354-22: The motion to adopt Res. 354-22 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. 355-22: 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 WEST HAWAII
VETERANS CEMETERY DEVELOPMENT AND EXPANSION
ASSOCIATION, INC., TO CONSTRUCT A VIETNAM WAR MEMORIAL
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 697
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 355-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Thank you. Real straightforward. It's for the construction of a
Vietnam war memorial. Happy to continue supporting those efforts at the
West Hawaii Veterans Cemetery. I ask for your support.
CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor of
approving Resolution 355-22, please say "aye."
Vote on Res. 355-22: The motion to adopt Res. 355-22 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.
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Hawaii County Council-36 April 6,2022
Res. 356-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KONA HONGWANJI
MISSION TO PURCHASE PERSONAL PROTECTIVE EQUIPMENT AND
SUPPLIES FOR ITS KONA HONGWANJI CUB SCOUTS PACK 12
Transfers $1,000 from the Clerk-Council Services –Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 698
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 356-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Inaba.
MR. INABA: Yeah, I just wanted to take a quick moment on this one to
recognize the Cub Scouts. As part of their activity, they had invited an elected
official or somebody in government to come and talk story about what we do. So,
I went up to the Kealakekua Armory one afternoon—way far from where I live,
but some of those `ohana are family friends—and was able to share and told them,
"These are things that we do at the County Council. These are things that we
don't do. And that's things that Mayor Roth's Administration takes care of." So,
just the basics that a 12-, 10-year-old needs to know. And with that, I was happy.
I know to us it looks like manini money, the $1,000, but it goes far for the
activities or the snacks for them on their huaka`i. And if you look in your
testimony folders for today, they did have an activity yesterday where they all
handwrote their testimonies and had their parents submit them via email (see
Comm Nos. 698.1, 698.2, 698.3, 698.4, 698.5, and 698.6). So, I wanted to show
them that process of being involved and that civic engagement component. So,
mahalo to them for the good work that they do, and I ask for your support of this
measure. Mahalo.
CHR. DAVID: Thank you, Mr. Inaba for that. Anyone else? Ms. Lee Loy, go
ahead.
MS. LEE LOY: I have to say thank you, Mr. Inaba, for this. I participate a lot
with scouts and completely have been there with they come, actually, to the
chambers here and we've introduced them to that civic process. But it's also
about them earning their badges on their way to becoming an Eagle Scout. So,
thank you for doing this for them. I yield.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in
favor of approving Resolution 356-22, please say "aye."
Vote on Res. 356-22: The motion to adopt Res. 356-22 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. 364-22: 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 HILO HIGH SCHOOL
FOUNDATION FOR THE 2022 HILO HIGH SCHOOL PROJECT GRAD NIGHT
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 709
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 364-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: I just ask for your support.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 364-22, please say "aye."
Vote on Res. 364-22: The motion to adopt Res. 364-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
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Hawaii County Council-36 April 6,2022
Res. 365-22: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG, KUNIHIRO,
& BROOKE, AS SPECIAL COUNSEL TO REPRESENT THE DEPARTMENT
OF HUMAN RESOURCES, WORKERS' COMPENSATION DIVISION
Extends the retention of special counsel services with additional compensation of
$60,000 and total compensation not to exceed $610,000.
Reference: Comm. 710
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 365-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This measure was
waived to Council. And it was by our Deputy Corporation Counsel Keyra Wong,
sent a B-52 along with the document. I was hoping that someone from
Corporation Counsel would be present today to guide in discussion. I know we
have Ms. Strance. Is there a Ms. Wong here? Or Mr. Leopoldino? Thank you
for being here today.
(Note: At this time, Human Resources Director Waylen Leopoldino and
Human Resources Manager Sommer Tokihiro came forward to address
the members of the Council.)
MR. LEOPOLDINO: Good morning, Chair David and Council. Waylen
Leopoldino, Director of Human Resources.
MR. KANEALI`I-KLEINFELDER: Thank you for being here today, sir. Thank
you for being here today, ma'am. I'm going to let other Council Members go to
their questions if there are any. Again, this was waived to Council to expedite
funding. Mr. Leopoldino, before I let it go, could you please just give us a brief
explanation why the waive and what this is.
MR. LEOPOLDINO: Sure. The Special Counsel, as described on the agenda,
helps our Workers' Compensation Division with claims that require more
specialized counsel, specifically with any kind of medical claims, any kind of
claims that could be significant liability to the County, any older claims, and
claims that require additional investigation. So, this law firm has been providing
support in those areas for quite some time. And so, our request is to add the
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Hawaii County Council-36 April 6,2022
additional funds so we can go out to procure, go back out and procure, go through
that process. So, we just need that additional time to do that. In fact, we have a
meeting scheduled this Friday to start that process.
MR. KANEALI`I-KLEINFELDER: Okay. I am remembering in the past there
was quite a large amount of Workers' Comp. (Compensation) claims that the
County was struggling to process and move through. Is that still the case?
MR. LEOPOLDINO: I have with me Sommer Tokihiro. She's our Workers'
Compensation Manager, and she can provide more insight as to the statistics that
we have for Workers' Comp.
MR. KANEALI`I-KLEINFELDER: Thank you.
(Note: At this time, Human Resources Specialist II Sommer Tokihiro
came forward to address the members of the Council.)
MS. TOKIHIRO: Good morning, Council Members. We're making significant
progress. Right now, the County has about 306 active claims as of today. Over
the past couple of years, the number started somewhere close to 500. We've been
able to bring it down to 300. There's still more work to do, but we're making
significant progress in that. The Special Counsel has been helpful in resolving
some of the old claims. But then, we do use them to investigate denied claims for
a variety of reasons and help us to kind of protect the County's liability, where the
exposure may be significant due to the nature of injuries or underlying medical
conditions, things like that, that they help us to investigate so that the County is
not paying for things that we shouldn't be.
So, as Waylen mentioned, we do have a meeting scheduled on Friday to go back
through the process because it's a professional services contract. So, we'll be
going back through the professional services list and looking at the firms that are
currently on the list, as approved to provide counsel for our Workers'
Compensation, and then establishing a new contract.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. And then, can I ask what,
maybe, one of our oldest outstanding claim is? Is there a really lengthy history?
Are we going back a year, two, or five or ten?
MS. TOKIHIRO: Unfortunately, I could tell you that there is a relatively active
claim that's in excess of ten years old. But even when a Workers' Compensation
claim is resolved, the County may still be responsible for ongoing medical
treatment. So, there are claims that go back into the '80s where we're still
providing some level of medical support. So, it varies. But right now, the oldest
active, I would say, is about ten years. But we've really shortened the duration
that claims are open. We're working to close them and settle them on a faster
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Hawaii County Council-36 April 6,2022
basis to limit the ongoing medical. And then also in cases where we can settle
them on a full-wash basis so the County has no ongoing liability, we're doing that
as well.
MR. KANEALI`I-KLEINFELDER: Okay. And then, the resolution is for special
services, special counsel, and that's going to help speed up the process or deal
with some of the more challenging claims, or both?
MR. LEOPOLDINO: I would say both.
MR. KANEALI`I-KLEINFELDER: Okay, fair enough. Okay, I yield, Chair.
Thank you very much. Thank you for being here today.
CHR. DAVID: Thank you, Mr. Mr. Kaneali`i-Kleinfelder. Mr. Inaba, go ahead.
MR. INABA: Thank you. In light of what I believe this resolution is requesting,
which seems to be an additional $60,000, where are we? It's requesting an
additional $60,000, which would bring the total to $610,000. Is that right?
MR. LEOPOLDINO: Yes, that's correct.
MR. INABA: Okay. And then for the $550,000, I would assume, cap that
currently exists, based on the last resolution, have we approached or are nearing
that cap?
MR. LEOPOLDINO: We are actually at that mark at this point. Yes, that's
where we're at.
MR. INABA: Okay. And is there usually a B-52 or some type of document like
that accompanying resolutions like this? No, Deanna is shaking her head no.
Okay. I'm just wondering if there's any kind of reporting that goes to show for
the public to know how these funds are being used. I mean, we know what you
folks are saying, but there's nothing really beyond that that shows every, what,
couple years we're giving $50,000, $60,000. Is there any type of mechanism for
reporting of that sort?
MR. LEOPOLDINO: My first response is, with Workers' Compensation, it's
very confidential what the money is spent on, but I can let Sommer add to see if
there's anything we can provide.
MS. TOKIHIRO: So, the firm bills us, basically, time and expense, based on the
number of referrals that they have or the number of claims that they're handling at
the time. So, the funds that are utilized for this contract come from the Workers'
Compensation - General Fund. So, there is no reporting to the public, per say, but
we are invoiced on each of the claims that they're handling on a monthly basis,
reporting the detail of the work performed, and then the expense for that.
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Hawaii County Council-36 April 6,2022
MR. INABA: Okay, thank you. And then, you might have said it, but the
intention in looking forward, is it that we'd be continuing to work with these
people and continue to have resolutions like this before the Council for additional
funds?
MR. LEOPOLDINO: So, this request is just so that we can extend the current
contract to go out to procurement. So, as of right now, we would prefer to
sorry, I'll let Sommer answer. But as far as this request, it's temporary so we can
go out to procure. Yes.
MR. INABA: Okay. Good enough. Thank you so much, Director. Chair, I
yield.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Chung, go ahead.
MR. CHUNG: Waylen, okay I understand what the purpose of this resolution is,
yeah. And so, when is procurement going to be completed?
MR. LEOPOLDINO: So, we're going to actually initiate discussions this Friday
with Corporation Counsel, because it is a Corporation Counsel contract.
MR. CHUNG: So, how much money do we spend a year on this contract,
generally speaking?
MR. LEOPOLDINO: I'll have Summer provide the answer.
MS. TOKIHIRO: So, the average has been somewhere around $75,000 a year.
MR. CHUNG: Oh, that's all?
MS. TOKIHIRO: Yeah.
MR. CHUNG: That's real cheap, yeah? That's terrific, yeah. Okay, I mean, I
see all these things being bandied about, right, $300,000 and $200,000
MS. TOKIHIRO: So, it is
MR. CHUNG: It comes out to about$75,000 a year?
MS. TOKIHIRO: Yeah. So, that's what the average has been over the life of the
contract with this firm, which was started in 2015. That was when the contract
was initiated. So, the average spent has been approximately $75,000 a year. In
the last couple of years, as I mentioned, with some of the increased efforts, the
spend has been higher, but I would consider that to be an outlier and definitely not
something that we would see on a consistent basis.
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Hawaii County Council-36 April 6,2022
MR. CHUNG: And so, they're representing you guys at the administrative level,
the labor appeals board level, all of those things, for $75,000 a year?
MS. TOKIHIRO: Yes.
MR. CHUNG: That's fantastic. Right? Okay, well, thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in
favor of approving Resolution 365-22, please say "aye."
Vote on Res. 365-22: The motion to adopt Res. 365-22 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. 366-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE
ATTORNEY GENERAL, HAWAII CRIMINAL JUSTICE DATA CENTER
Allows for the establishment of terms and conditions under which criminal history
record checks will be provided to the County Vehicle Registration and Licensing
Division in compliance with the Real ID Act.
Reference: Comm. 711
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 366-22.
Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Ms. Sako, if you could come forward? Just
give us a little background on this. This was waived to Council as well. Thank
you for being here this morning.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning, everyone. This is kind of an unusual agreement.
We've actually been using their services for many years now, since the Real ID
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Hawaii County Council-36 April 6,2022
Act came into effect. And they're wanting to do a written agreement now, which
is not a cost or anything. It's actually just how we would protect the data so that
it wouldn't be released once we have it. And so, they really wanted this last
week, which is the reason we asked to waive. But we did explain
intergovernmental agreements need to come through our County Council. So,
happy to answer any questions you may have.
MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Sako. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have
questions? No?
MR. RICHARDS: Chair,just real quick.
CHR. DAVID: Go ahead.
MR. RICHARDS: So, this is a safeguard for the community. It's just keeping
confidentiality.
MS. SAKO: It is, yeah. So, according to the Real ID Act, we do have to
background check our employees. And then once we have that data, they just
want to make sure that it wouldn't fall into the wrong hands. And there's
retention requirements and things like that.
MR. RICHARDS: It's a no-cost. So thank you. I fully support.
MS. SAKO: Thank you.
CHR. DAVID: Thank you, Mr. Richards. No other discussion on this one?
Okay, all those in favor of approving Resolution 366-22, please say "aye."
Vote on Res. 366-22: The motion to adopt Res. 366-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Inaba— 1.
Excused: None.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair.
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Hawaii County Council-36 April 6,2022
Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council
to Suspend Rule 15 to waive the 5-day hold for reconsideration of
Council Rules: Res. 366-22. 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.
CHR. DAVID: Now, can we go to Bill 115, please, for second reading?
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Bill 115: AMENDS SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP),
(Draft 3) 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. 601.19
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: March 23, 2022
(Note: The following communications were circulated:
1) Comm. 601.24, from Council Member Holeka Inaba dated March 30, 2022,
transmitting proposed amendments to Bill 115, Draft 3;
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Hawaii County Council-36 April 6,2022
2) Comm. 601.25, from Council Member Ashley L. Kierkiewicz dated April 1,
2022, transmitting informational material relating to Bill 115, Draft 3;
3) Comms. 601.26, 601.27, 601.28, and 601.29, from Council Member Ashley L.
Kierkiewicz dated April 5, 2022, transmitting proposed amendments to
Bill 115, Draft 3;
4) Comm. 601.30, from Council Member Ashley L. Kierkiewicz dated April 5,
2022, transmitting informational material relating to Bill 115, Draft 3; and
5) Comm. 601.3 1, from Council Member Matt Kaneali`i-Kleinfelder dated
April 6, 2022, transmitting proposed amendments to Bill 115, Draft 3.)
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 115, Draft 3, on
second and final reading. Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Gentlemen, I know you're seated here.
But before I ask you to provide some comments based on discussions you've had
with some of my colleagues over the last couple weeks, I did want to ask
Corporation Counsel Judge Strance to come forward. She did transmit guidance,
via memo (memorandum), to the Council. And I would just appreciate you
sharing what you can, Judge Strance, here to help kind of level-set and temper our
discussions on the amendments that have been brought forward.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Good morning, Council. Elizabeth Strance, Corporation
Counsel. The comments that I provided to the Council Members weren't
specifically directed to these bills, but were really in response to an accumulation
of testimony and discussions that the Council has had on bills and land use
classification and zoning changes. And then sometimes, tempers pop up and it
becomes personal instead of contextual. And so, I wanted to just provide the
Council with the legal standards against which the Council should be evaluating
requests and conditions of zoning and land classification approvals.
And so, the legal standard is that the Council determines whether a specific
condition has a rational nexus to the impact created by the approval. So, a nexus
is just a connection. And that the scope of the condition is roughly proportional to
the impact caused by the approval. And so, when you get the background report
from the commission you'll often see, like, the police have commented on
whether it would result in increased impacts on the departments. You'll get
traffic studies and recommendations based upon those traffic studies. You'll get
comments on the likelihood of bringing in workers and the need for affordable
housing, and those kinds of things. And so, those reports talk about those in those
general contexts.
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Hawaii County Council-36 April 6,2022
And I think a lot of times, the discussions here are about those but not kind of
drawing it back to a standard or information that's been provided that would
provide a basis that it have that discussion. So, really, my intention is not to put
my thumb or weigh in on anything or any particular bill, but just to provide the
Council with some context in which to hold a broader discussion on these matters.
MS. KIERKIEWICZ: Thank you, Judge Strance. We appreciate you helping us
kind of set up those guardrails. Thank you. All right, Mr. Fuke and Mr. Plunkett,
if you could come forward and just provide us a high-level overview of where we
are. I also wanted to provide some time to Ms. Boeddeker to talk about the
resolution that was recently adopted by the Foundation. Thank you, gentlemen.
(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.)
MR. PLUNKETT: Chair David and Council, thank you for having us back again.
I just wanted to give a little context and overview of our attitude toward how we
got to where we are today, and hopefully, it will help you as you are guided in
your decisions.
So, over five years ago, we were looking at our operations for the Kings' golf
course. And we could not figure out, for the last 25 years, how to make any
money with it, and we just continually lost money. And so, we were coming to a
decision to close that golf course. Hilton Grand Vacations would be the big,
impacted parry and has been a partner and stakeholder in Waikoloa for many,
many years. And so, I got to make a trip to Orlando to talk to them about closing
that golf course and how to look at other alternatives, and I was put back on a
plane the other direction pretty quickly because suffice it to say, they weren't too
crazy about the whole idea.
But rather than lawyer up on both sides, we worked together very closely with
Hilton. And we went through many iterations and plans to be able to swap some
properties, move things around, not tear up the golf courses, provide comfort that
the golf course would stay open, at some level that we would protect all of their
stakeholder views for timeshare owners that were there currently, and to protect
their golf course frontage and views for all future timeshare owners. And we
worked closely with them, and they had a lot of input into our plan. We were
very productive. And I believe, at the end of the day, we had a more consolidated
plan, one that worked better for them as far as consolidated land holdings and a
master agreement that assures that the golf course will stay open. It'll be reduced
down to 27 holes. And so, in my view, this was kind of a win-win situation for
both of us. And that process took well over a year with Hilton.
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Hawaii County Council-36 April 6,2022
Subsequent to that, we started putting together a team and a concept for a project
that's now called Kumu Hou, and kind of fast-forwarding through some things,
we've got Mr. Fuke, whom I don't need to introduce to any of you. We all know
he's a force of nature. I think we can all agree on that. Some ten years ago, we
summoned up to see Mayor Billy Kenoi and,putting it in Billy parlance, it was to
smack me in the head on something. And so that happened. But I was really
struck by him and could never get over his passion for the community and his
passion for everything about this island. And I'd only met him once, and that
was the occasion. But as I say, I never got over it.
And so, when we started conceiving Kumu Hou, we asked him to help us in the
outreach to the community to figure out what are the right things to do to make
this work. And no shortage of opinions ever. One of them was that we were
discussing possible developers for affordable housing, who should that be. And
again, Billy would say in Billy parlance in smacking me in the head, "John,
you're not listening to me. I told you this, that Stanford Carr is the right guy for
it. He'll make sure that he gets it done and it'll be done right." And so, we chose
Stanford Carr to work with to be our developer of affordable housing. He also
suggested that we bring Kanani Aton, another community leader, onboard with us
because she has a rich understanding of the culture and the community here. And
Billy would say that she will serve you well, and she has.
And finally, and certainly not least, Ron Boeddeker was a visionary developer
that started Waikoloa back in the late '70s when it was just lava. And he loved it
here. Loved the island. Well, he sits here today, right here, in a different version.
So, when we asked Cary to join us, she said, "Immediately." She never left us but
she was out doing other things. And she came on board and said, "The
Foundation, that's mine, guys. This is what I want to do." And so, we put
together this team. And then, we recruited PBR Hawaii too, after interviewing
several firms, which is one of the most professional planning firms I've ever dealt
with. And they put together a first-class consultant team that I think stands up to
any on the Mainland. And it was led by Anne Bouslog. And the effort has been
tremendous.
So, fast-forwarding through all of that, we end up with an 800-page application.
Lots of vetting, discussion, comments through the Planning Department. We
have this large amount of community outreach. We finally end up in front of the
Leeward Planning Commission, and they asked all the right questions in my view.
And Chairman Vitousek and his group should be commended. And after a couple
of sessions with them, and I thought they were tough, and then we get in front of
you folks. So, this is our fifth meeting with you, and I can say unequivocally that
we have been interested in listening to all concerns, and even the concerns of
those that might not be inclined to support us. And we've tried to accommodate
those in every way that we possibly can.
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Hawaii County Council-36 April 6,2022
And it involves not just the affordable housing and the Foundation, which we've
talked about ad nauseam, but you take examples like the Waimea Aquifer. We
could have had engineers in here arguing about what the sustainable yield of that
aquifer was, but why even bother to argue over it. Kanani explained to me that
this is an important cultural asset for the people of Hawaii. And we have the
ability. We have the good fortune of being the master developer in Waikoloa and
control the Waikoloa Resort Association. So, I asked Scott Head, who is our guy
on the ground here who's invaluable and very much a part of the community to
dig into this. And the conclusion was that we could do this on a net-zero basis
and not impact the aquifer, and we could do it legally. And we would likely get
the support of our members because it makes sense. And we can do it through
converting softscape landscaping to hardscape, and utilization of brackish water
and other things. But this was after listening to all of you.
So, I'll wrap up my comments by saying just a little analogy. The Waikoloa
Foundation recently acquired a canoe for the Hoemana Canoe Club. It's going to
have its blessing on Saturday, and it's aptly named Kumu Hou. I didn't have
anything to do with that. So, anyway, it's sitting out in the bay. I'm hoping you
guys will call it in, and that I hope we've earned your trust and support. And so, I
will then ask Cary Boeddeker, or actually Ron in some form, to speak a little bit
more about Foundation.
MS. KIERKIEWICZ: Cary,just introduce yourself for the record, and then just
high-level overview of the resolution that you transmitted to our office. I just
want to make sure we're referring to the correct communication, that 601.30,
from my colleagues. Thank you.
MS. BOEDDEKER: Okay. Aloha, Chair David and the County Council. My
name is Cary Boeddeker, as you all know. I just want to start by saying thank you
so much for this process. What I've learned through this process, I said this last
time, but I have learned a tremendous amount. And one of the things I've learned
is the passion that each of you have in representing your district. Whether or not
we agree on Kumu Hou, I am impressed with the passion that each of you have to
represent your people.
So, through the process of listening and hearing the concerns that have been
expressed with codifying the Foundation's condition as part of the ordinance, I
felt it was important to memorialize all of the comments made to both you and the
community in a resolution founded by the Waikoloa Foundation. I know that
there are concerns about the resolution being attached to the ordinance, and so I
was trying to brainstorm myself about what would make sense to have everyone
have a level of comfort that perhaps some of the language that they don't feel is
appropriate to be part of the ordinance could be made as a resolution on the
Waikoloa Foundation's side. That is my commitment to each of you, to codify all
of the commitments that we've made throughout this process for the last five
meetings.
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Hawaii County Council-36 April 6,2022
So, the resolution that I sent to all of you yesterday really goes into detail. The
language, you'll see, and hopefully you all read it,really talks about the
two percent. It talks about the quarter percent. It talks about what types of
initiatives that we're going to be focusing on and working towards. You have the
mission statement. And the mission statement was important for me to put in here
because not everything that we do, that could have been presented to us, I could
have done. Because, I stand for what the Foundation's mission is, which if you
read the very last paragraph, it's very important to me to maintain the integrity of
what the Foundation's mission is, which is to steward the precious cultural and
environmental attributes that make Hawaii unique. The Foundation preserves the
archeological and ecological resources of the past, while supporting the
advancement and education that will benefit both the `aina and `ohana of this
community for generations to come.
So I truly feel that everything that I have committed, and the Foundation has
actually put into this resolution is very much aligned with what the mission
statement is of the Foundation. So, that's why we've done this because I don't
know where the amendment will take us in terms of what you all think is
appropriate or not in terms of language. But that's why I've done it here. The
commitment is made here on behalf of the Foundation.
And Kanani, of course I really respect all of her opinions, and I asked her to help
me. So, the next page is some very important wise-saying proverbs that I thought
would be very applicable to this process, to what we've been working towards
here. And she helped me pick out some beautiful ones that were on the last page
that I don't know if you want to speak to that, Kanani.
(Note: At this time, Kanani Aton, Outreach Specialist for Kumu Hou,
came forward to address the members of the Council.)
MS. ATON: I just wanted to thank you for the chance to share that not only is it
the resolution going forward on the hana, or the work, with the community and
the work that we've established together, but also the education and the
instruction from the people of the land; that we get to represent that part also, their
voices in our resolution to call in the instruction from our elders. And what a
great day for us to share that, in alignment with earlier celebrities and icons in our
culture, and beautiful work being done around other resolutions and declarations
and proclamations. So, I feel like it's just a really good moon and a really good
time for these things to come through. So, mahalo.
MS. KIERKIEWICZ: Thank you, ladies, very much. And mahalo nui,
Mr. Plunkett, for the overview and for just reminding us of the imprint that former
Mayor Kenoi had on the project. A really creative brilliant leader, always looking
for the very best out of everyone because he knew our community deserved the
very best. So, thank you for rising to the occasion and meeting the challenge of
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Hawaii County Council-36 April 6,2022
finding ways to give back to community, but also making sure that your project is
working in concert with `aina. So, thank you. Chair, at this time, I'd like to start
moving through the amendments that I've put forward with your
CHR. DAVID: Thank you. Go ahead.
MS. KIERKIEWICZ: Okay. All right, mahalo nui. The first amendment that I'd
like to take up is Communication 601.29.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 3, with
the contents of Comm. 601.29. Seconded by Ms. Lee Loy.
CHR. DAVID: Thank you. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Mahalo nui, Chair. At first reading, we had seen a
variation of this, and this is related to the offsetting of the potable water use.
Wanted to make sure that we had the correct language here. I will turn it over to
the applicant to explain a bit more, but it also talked about ensuring that there was
a water plan that was established so that as the applicant is submitting their annual
report, there is something for the Planning Department to be gaging against.
Mr. Fuke?
MR. FUKE: Sure. Good morning, Madam Chairman, members of this Council.
Specifically in response to your question, yes. I think when we first had it at
the—during the first reading portion, I think a question was raised by members of
the Planning Department as far as how do they monitor this condition. So, we
had structured the language. We had it vetted with Director Kern, and that's the
language you see before you. And that language that is embodied in 601.29 had
been reviewed previously by the applicant and found them to be acceptable.
MS. KIERKIEWICZ: Thank you. Just looking for everyone's support on this.
Madam Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Discussion on this
amendment? Seeing none, all those in favor of approving the motion to amend
Bill 115 with the contents of Communication 601.29, please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.29 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: Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. The next item I'll take up is 601.28.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 3, with
the contents of Comm. 601.28. Seconded by Ms. Lee Loy.
CHR. DAVID: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. This is a way in which we are able to
just memorialize the intention of the Waikoloa Foundation and ensure that is
being provided to the Planning Department, again because statements were made
publicly about ways in which we want to support community. And this is one of
the ways that we can hold you accountable to that.
I also invite Planning Director Kern to make any comments and to just confirm
thumbs up back there. Mahalo nui. He's confirming that the Planning
Department is in support of this amendment. Thank you. Mr. Fuke, anything
else?
MR. FUKE: I think that what Ms. Boeddeker presented, which is the resolution,
that in our estimation would be the substitute in terms of that correspondence that
goes to the Planning Department. And so, that would be used essentially as like a
measuring stick for all subsequent annual reports.
MS. KIERKIEWICZ: Thank you, Mr. Fuke. Looking for everyone's support.
Thank you, Madam Chair.
CHR. DAVID: Thank you. Any further discussion on the amendment?
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, thank you. I just want to make sure that I confirm. I
appreciate the resolution and I feel like this is an appropriate way to satisfy some
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Hawaii County Council-36 April 6,2022
of those concerns that we had in conjunction with this. So, I will be supporting
the amendment. I, for one, would be amenable to this being the template for
achieving that goal. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Richards, go ahead.
MR. RICHARDS: I'll echo what Ms. Kimball has said. This is really setting a
great stage going forward, and taking this from our documentation, putting in the
Foundation's documentation so we don't get bogged down on things, and then
used as a measuring stick. I like that. So, I definitely do support it. Thank you.
CHR. DAVID: Thank you. Anyone else? So, Director Kern, could you come up
here for a minute?
(Note: At this time, Planning Director Zendo Kern came forward to
address the members of the Council.)
CHR. DAVID: Thank you, Director Kern.
MR. KERN: Good morning, Madam Chair, Members of the County Council.
Zendo Kern, Planning Director.
CHR. DAVID: Good morning. Okay. As I'm reading this amendment regarding
the Foundation, so once this becomes effective the interaction with the Planning
Department and this Council will be, with respect to the Foundation, will be
through the Planning Department. So, they would be reporting to you, and you
would be reporting to us.
MR. KERN: Sure. And then, the annual progress report would be a public
record. So, anybody that wanted to see it, it would be available upon request.
And then you folks could request it at any given time as well.
CHR. DAVID: I see. So, your involvement or the Planning Department's
involvement in how the Foundation addresses the funds that they derive from the
project will not be going through you folks, right? You're just getting the report
is what I'm
MR. KERN: We're getting the report on how they're maintaining, basically the
promises, the missions that were made to that.
CHR. DAVID: Has this been done before?
MR. KERN: I'm not exactly sure as far as related to like a foundation and those
types of conditions. It's done for all other conditions of projects. So,
theoretically, yes it has. This is a little bit nuanced. Sidney might have a little
more information on that than myself.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you.
MR. FUKE: I'm not so much aware of anything relating to the County level. But
before the Land Use Commission, the Land Use Commission also requires annual
reports to be submitted. And that annual report also includes representations
made by the applicant.
CHR. DAVID: I see.
MR. FUKE: So, this is the same situation.
CHR. DAVID: Okay. Representations that were made, conditions that they need
to satisfy. I'm asking whether conditions relating to the money issue for
foundations, has that ever happened before?
MR. FUKE: Not to my knowledge. In this situation here, the way we see it
operating is that you have this resolution, annually the Waikoloa would have to
provide a report to the Planning Director. It's also available to the public because
it's a public document, as well as the Council. Then, everybody would be able to
see, "Well, hmm, are they doing this? Are they doing that?" And maybe they're
misusing the funds. I mean, perhaps, like in the eyes of the reviewer, like whether
it's from the Planning Director or members of the Council or even the public.
There is a provision in the existing ordinance that allows for either the Planning
Director or, for that matter, the County Council could initiate any amendments or
change to the zoning ordinance. So, that would be an indirect way of having, I
guess, other entities kind of like make sure that they're publicly representing kind
of like falls generally along those lines.
CHR. DAVID: Right. And I understand the need for accountability and planning
processes and stuff. It's just that this funding issue for me, I have some difficulty
with that, because it is connected to this approval that we're considering. And I
appreciate the revisions that you folks are doing, separating that issue as best you
can, but that's why I wanted to make sure, in my mind, if this has ever been done
before because I find it very unusual. So, okay, Mr. Clerk
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: I just want to clarify. This amendment and just doing
another scan through 115 andfolks, correct me if I'm wrong but not
specifying or directing that any percentage be a condition of this bill.
CHR. DAVID: No, I understand that.
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Hawaii County Council-36 April 6,2022
MS. KIERKIEWICZ: Okay. I just want to be
CHR. DAVID: I understand that totally.
MS. KIERKIEWICZ: Really clear that we're just memorializing the intention to
support community, and that is through submission of the plan. And the
resolution that the board adopted is that framework, that template, that allows us
to ensure that you're keeping yourselves accountable. Thank you.
CHR. DAVID: Yes, I totally understand that. So, Mr. Kaneali`i-Kleinfelder, go
ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. And your question was, I
think, good, but I don't know if I caught an answer. So, this new Condition II
(Double I),"Within 90 days, applicant shall submit to the Planning Director a
document detailing the mission and objectives of the Waikoloa Foundation,"
which in this case is the resolution. And the, going forward, this doesn't talk
about any expenditures or progress report of that fund that had been discussed. I
mean, how does that play in and how do we ?
MR. FUKE: So, the way we would see this is that should the ordinance be
adopted within 90 days, then there would have to be like an official
correspondence from the applicant attaching that resolution to say, "This is to
address Condition IL" Then, that would be used as a basis for all subsequent
evaluations on the annual report basis. So, it would include the annual report
would also include a discussion on the Foundation.
So, if this condition was not included, then conceivably in the annual report
requirement, there is no need to discuss the Foundation. So, this is a way to have
the Foundation's activities be included in the annual report in the interest of
transparency and recognizing whatever representations have been made by the
Foundation to date. That's how we see it kind of like operating. Absent this,
there's no requirement to have any discussion about the Foundation. This
provides a vehicle for the Foundation activities to at least be shared with the
broader community.
MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate it. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Oh, I'll go
to Ms. Kimball first.
MS. KIMBALL: Yeah, actually, I'm going to turn the spotlight back on you,
Chair. Just certainly respect your opinion and concern with the more years of
experience you have. I'm not quite understanding your concern or hesitations. I
just wanted to ask you to rephrase it so I understand a little better.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Okay. I think, in prior discussions, I had a concern about
approving an application that had a private foundation attached to it where we
would be—the Foundation would be giving two percent of this proposed
development for the timeshares or the condos, right, to address certain issues in
the community. So, I've never seen that before. And granted, maybe this is the
new times, but I see it as the Foundation will be given money so that they can
address issues of concerns that we're raising here, okay. That's my concern, is
outside money is now being part of this process, or private-funding foundations.
I'm not sure if, and I respect the fact that you folks don't have that issue, but for
me, it's just difficult for me to see the connection and how we will now, for me,
chart the course that maybe this is how development will be approved in the
future, where there's money attached to it or a private foundation that will say,
"You will be addressing these community shortfalls,"but I see it as being
addressed only in one particular area. Okay. Now, that doesn't say
—
I know I'm not answering your question but, to me, the real problem I see is that
the amount of money will be definitely directed to this one area. The number of
timeshares, 900 of them, will be impacting the entire island. And so, whether we
need 900 timeshares, I'm curious what can they build now without this? How
many timeshares can this developer do right now?
MR. KERN: Right now, they're entitled for around 3,000 visitor and 3,000
residential units. So, the current entitlements would allow what they're asking for
right now. It's just a movement on where they go on the property. So, it's not
actually increasing the allowed density by the LUC (Land Use Commission)
Docket and by SMA (Special Management Area) 25 and by the amended SMA.
CHR. DAVID: And so, the amount that they can build regardless is what they're
coming forward for right now?
MR. KERN: Correct.
CHR. DAVID: And the application is just to move the location of it.
MR. KERN: Correct.
CHR. DAVID: They got the golf course, which is an open space, according to the
testifier that we heard this morning. I'm not here to argue. I'm just here to
express my concerns about land use and what is attached to conditions as they
come before this Council. So, I don't need to have anybody agree with me. It's
just my, yeah, it's just my position.
MR. FUKE: Can I just make like two comments on that? I think like the genesis
behind that was like during, I think, one of the earlier hearings, there was a
testifier saying that, in relation to Hokulia, they made representations, and they
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Hawaii County Council-36 April 6,2022
kind of like walked away. So, that kind of like led us to think like, "Well, how
are we going to go about holding the developer's feet to the fire,"you know, so to
speak. So, that's how we came up with this idea.
And I think the original proposal was to have the specific allocation codified as an
ordinance. And I think that became an issue I think in like you had raised at the
last meeting, and rightfully so, because if you want to change that allocation, you
know what happened, you had to go back again to the Council. And then it
amounts to like the Council being like the budgetary entity, which is totally
incongruence with the objective of the Foundation.
And the way we're approaching this is now you have this Foundation that has a
resolution. They're only providing information and the report to the Planning
Director and the public and this Council. Now, at any point in time, it's quite
possible that the Foundation could change however it decides to allocate without
Council action, without even they can just kind of solely report to the Planning
Director in its annual report just to like, "We looked at that and we found that the
needs maybe for housing is not necessarily restricted to the North Kona District,
but really like island-wide."
And if they so choose to kind of reappropriate that, then it's within their
prerogative. But nevertheless, they will have to disclose that through its annual
report; disclose that to the community, disclose that to the Council. And if at
some point in time, whether it's the Planning Director or the Council, believes
that they shouldn't have done that, then there is a vehicle by which you can kind
of call the developer back again to say, like, "You guys had made this
representation, what gives?" and revisit the whole issue.
CHR. DAVID: Thank you, Sidney. And I think that also flies to the fact that
whatever it is, that does not hold steadfast to what we approve today. Because,
down the line, the applicant can come back again and request for more revisions
to the conditions for whatever reasons down the line, right. And this is where
we're at today. So, for today, with respect to the Foundation, that part of it is
what I have issueI'm sorry. Did that answer your question?
MS. KIMBALL: Yes, thank you, Chair. I just wanted to wrap my mind a little
bit better around your hesitations. I mean, there's this certain concern for
precedence setting. I also think that the voluminous conversations we've had of
this are going to be part of the public record. And so, if anybody's going back
and looking for potential precedence, that's going to be there.
The thing that I think, and this ties in to Judge Strance's brief presentation this
morning, is we do have those fair-share impacts. This kind of works like a
fair-share impact—Council Member Richards is nodding things that we don't
currently have accounts for, affordable housing and tourism activities which,
thinking about the nexus, this project does have an impact on those two things,
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Hawaii County Council-36 April 6,2022
but we don't have fair share categories for those things at this time. Maybe that's
something we should do so that in future ordinances of this nature, we have yes?
Maybe? Thinking caps. So ordinances of this nature do have a placeholder for us
to put those kinds of contributions. In the absence of this at the current time, I do
think this mechanism of the ordinance just containing the reference to the
document, that is an actual advantage. But then the nonprofit makes a lot of
sense.
I'd love to just briefly hear from Judge Strance if she sees any precedence-setting
concerns that are tied to this. The water-related one, I have a little bit harder time
thinking about that nexus, but I think that was something that you, Mr. Kaneali`i-
Kleinfelder, proposed. And so, if you could share your thoughts on that, that
would be helpful to me on this. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Did you want, I'm sorry.
MS. KIMBALL: If Judge Strance is prepared to comment on that, I'd appreciate
it. I know you provided us with some other feedback before, but I think this is a
legal question. Or if any of my other colleagues have thoughts on that particular
aspect of it, whether or not we're setting a precedence that is concerning.
MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. And
we're talking about Communication 601.28?
CHR. DAVID: Yes.
MS. KIMBALL: Just if I can clarify my question. I'm asking if you have any
particular concerns as Corporation Counsel about the precedence-setting of this
sort of oversight of a foundation's activities with respect to a rezoning ordinance.
MS. STRANCE: Well, the proposed amendment requires only the submission of
a report. As I understand it, there's no performance requirement attached to it.
So, going back to my earlier comments, is there a nexus between this requirement
and the development, and is it proportional to whatever impact? I have not heard
conversation about what this amendment is—what nexus this amendment has to
the development and a proportionality discussion. There was a comment made
about oversight over a nonprofit, but that's not what this amendment purports to
do.
And the background information that's been provided to the Council is that the
developer is creating a fund that a nonprofit is going to administer. And so, the
nonprofit would be obligated to administer a fund pursuant to the conditions of it.
I guess in nonprofit parlance, there's restricted funds and unrestricted funds. So,
it's a restricted fund. But that's a relationship outside of the relationship that the
developer has with the County. They're describing to you a relationship that's
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Hawaii County Council-36 April 6,2022
going to be developed between the applicant developer and a nonprofit and as
demonstration of its goodwill to the community. And in furtherance of that, the
developers are going to submit a report to the Council.
But unless I'm missing something, and it wouldn't be the first time, there's not
any performance attached to this condition. So, in terms of precedence, I'd have
to go back and look to see if the County's ever imposed conditions of
development that had no enforcement mechanism to them. So, I don't know.
MS. KIMBALL: I yield.
CHR. DAVID: Okay, thank you. And thank you, Corp. Counsel Strance, for that
because the explanation that you just provided does, in my mind, now separate
those two things that there was a concern about and the precedence. So, thank
you for sharing. All right, anyone else? Oh, Mr. Richards and then Mr. Inaba.
MR. RICHARDS: Okay, thank you, Chair. Yeah, I just want to listen to your
concerns and understand I think what Ms. Kimball's talking about in your
statement of fair share. That's exactly what I was going to bring up. Because, I
see this as that. And I commend the developer. One of the concerns when
someone says, "I'm going to set aside `x' number of dollars and then I'm going to
manage it"but that's not what they've done. What they're doing is setting aside
funding to a nonprofit, and then it's a"hands off." And I don't have any direct
involvement or determination of what's coming forward.
And I commend the resolution because this is a nonprofit, and there are very
strong laws that govern administration of nonprofits. And they have a board that
will be making a determination of where the funding's going to go. I have some
experience with these foundations, and it's very specific at the Federal level that
you adhere to the rules. And if you don't, then it comes back that way. But what
I like about this is what is identified as a funding mechanism for an entity—in this
case, it's the foundation that then will administer the fair share concept by
taking care of the community.
And I hear what you're saying about the region. But it's kind of like what we do
with fair share anyway. But going forward, if the board as a whole, and I'm
talking about the board of the Foundation, chooses to expand that, it's in their
purview. But they also have the marching orders based upon the resolution and
the function of the Foundation itself that is specific to taking care of community.
So, it's not lax. It's actually pretty tight. But the difference is the developer is
removed from that because they'll be out of the decision. So, I see this as real
clean.
I don't see a precedence-setting deal, but I think it's a real novel way of doing
something that in potentially perpetuity would be a real good thing for the
community as a whole. When I say, "community," I'm talking Waikoloa region,
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Hawaii County Council-36 April 6,2022
west side, County as a whole because I would guess that the outreach is going to
be county-wide as they evolve and grow. So, I see this as a real clean way to do
things, as opposed to being a little muddled. I just wanted to share that with you
because, like I said, I've been involved with foundations and it's very specific;
you must perform. So, I just wanted to share that, Chair. Thanks, I yield.
CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead.
MR. INABA: Thank you. And I think the amendment before us right now is
three lines. This conversation, I feel, has gone kind of all over the place, and it is
because there are a multitude of conversations with that. But it's do we want the
mission and objectives report, which I think they already have, or not. So, let's
move forward, I think.
CHR. DAVID: Thank you, Mr. Inaba. And on that note, thank you,
Judge Strance, for that clarification. That's what generated, for me, the concern
that I had and you've clarified that. So, all those in favor of approving the motion
to amend Bill 115 with the contents of Communication 601.28, please say "aye."
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.28 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: Thank you.
MR. INABA: Chair?
CHR. DAVID: Go ahead.
Motion to Amend: Mr. Inaba moved to amend Bill 115, Draft 3, with the
contents of Comm. 601.24. Seconded by Mr. Kaneali`i-
Kleinfelder.
Point of Order: MS. KIERKIEWICZ: Chair, point of order. So sorry. I didn't yield the floor.
CHR. DAVID: Oh, on your
MS. KIERKIEWICZ: I hadn't yielded the floor.
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CHR. DAVID: Oh, I'm
MR. HENRICKS: The floor's been
MS. KIERKIEWICZ: For the main motion? I had a companion amendment.
CHR. DAVID: We voted on the amendment. Right?
MR. HENRICKS: The floor has been cleared, so to speak, since that point in
time.
MS. KIERKIEWICZ: All right.
CHR. DAVID: Thank you. Mr. Inaba, I'm sorry, you're .24?
MR. INABA: (Communication) 601.24. I think it might have been placed in the
back of the pinkie (folder) for some reason.
CHR. DAVID: Okay, I see it. Okay, thank you. And it's been moved by
Mr. Inaba, seconded by Mr. Kaneali`i-Kleinfelder, was it?
MR. KANEALI`I-KLEINFELDER: Yes.
CHR. DAVID: Thank you. Go ahead, Mr. Inaba.
MR. INABA: Thank you. Just circling back to our discussion two weeks ago in
Kona. And this is, again, to require 250 more workforce housing units prior to the
451"timeshare unit being permitted. Currently, the language in the bill states
that, of the 140 workforce units, the first phase would be completed prior to
occupancy of the first timeshare. However, that first phase is not defined. So, I
changed the language via this amendment to indicate that all 140 would be
completed prior to the first timeshare having occupancy, which is what the
applicant has represented in previous meetings.
In addition, the language currently in the bill reads that the term of affordability is
for 65 years, starting at occupancy of the first affordable unit. So, what this
means potentially is that we could get a unit or a first phase, and after that, we
won't see completion. There's nothing to hold the remaining 140 from being
built prior to seeing 900 timeshare units. So, clarifying there and making sure that
all of those units are, in their own right, affordable for 65 years, not on a timeline
of occupancy of the first unit.
Wonderful that the Waikoloa Foundation with the $50 million in potential
gainings could help the community. We really need housing. So, that's why this
250 is here. I believe in previous meetings there were concerns about goalposts
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Hawaii County Council-36 April 6,2022
being moved, but frankly the goalposts for our community and for affordable
housing is very apparent and has been there for years now. So, if this really is a
Kumu Hou or new reason, the needs of a community should be first.
And I want to thank Ms. Strance for her guidance. There's no doubt of the
irrational nexus as a result of the impact we're going to see from 900 timeshare
units. And it really is proportional, I would say, the request before us with the
total number of units being developed. I want to mahalo the West Hawaii
Association of Realtors for their input and support, advocating for these additional
units, as many in our Hawaiian community have as well.
So with that, our Council always talks about affordable housing. It's something
that's near and dear to us. And when given that opportunity today, what is this
Council going to do? So, open to any questions that my colleagues may have on
this, but definitely, it's what our community needs. And that's what's going to
benefit our community on Hawaii Island.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on the amendment? Go
ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Mr. Inaba, for this amendment. I
noticed you couched the highlights really well. My challenge with this
amendment is it took out a valuable tool, which is the 201H program. I cannot
support this amendment. It makes it too difficult for any of this to be realized
without that tool. You know what, I'm going to yield right now. I'm reading this
differently that's why.
CHR. DAVID: Thank you, Ms. Lee Loy. Go ahead, Ms. Villegas.
MS. VILLEGAS: First off, I want to thank Council Member Inaba for taking the
time and going through with a fine-toothed comb in looking at—we have people
sitting in front of us who you're bringing your best foot forward, really taking into
consideration the things that have been said and trying to activate on those things.
Unfortunately, with the history of our island and the variety of developers that
have been here, we're just in this time that it's really hard to stomach thinking of
another 1,100 units, with 5,000 visitors potentially in that spot.
I appreciate Holeka's ability to take what was written and identify any points of
potential flaking, for lack of a better term, because in the words there's the
potential to just build one workforce housing unit, and then do the other things.
So, I really am grateful for you for finding any opportunities for loopholes, for
lack of a better term. And I'll be supporting this legislation today in the
requesting for more homes for our people.
I appreciate the Foundation. I was having my own little daydreams the other day,
and I thought, "Wow, what a legacy if you guys were able to build the workforce
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Hawaii County Council-36 April 6,2022
housing for that place." I don't know how many people work in that area, but I'm
assuming it's hundreds upon hundreds. And we've heard people speak about
having to drive from Puna to work and that need for workforce housing. We are
just at this—we're at a nexus. We're at a tipping point right now for what's
happening on this island. And this project coming forward, you guys have been
so creative and you've really put forward some great attempts.
Congratulations, Cary. It took some doing, I'm sure, to get approval from a board
and whoever manages the finances, to get approval to take this money and start a
foundation. That's not an easy thing to do when you're taking two percent off the
top of profit margins. So, congratulations on that.
I think the intentions are good. But as Council Member Inaba stated, we're in a
housing crisis. So, I want to always just be okay with asking for more because of
what our needs truly are. So, thank you, Mr. Inaba, for putting that forward. It's
not easy. Believe me. I've got people on every side with different things and
visions. But at this time, we need more affordable housing more than we need
more time shares. And that's just part of our job, to sit here and say that. So, I
yield.
CHR. DAVID: Thank you, Ms. Villegas. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I'd like to hear from the applicant and
developer on this.
MR. FUKE: I'd like to just kind of go back again to what your Counsel,
Judge Strance, had referred to in terms of all of the conditions, proportionality and
nexus, those that are really like they're kind of like time-tested in our judicial
system. So, that's kind of like what we had mentioned in our March 28h letter to
the Council, specifically in commenting on what Councilman Inaba had proposed
at the last meeting because we didn't get a chance to review it. So, my
understanding is that the proposal before you today is essentially the same thing.
So, what we had raised were two things: the question about nexus and
proportionality. Nexus, we can all agree. Proportionality, what we kind of
pointed out was that the resort, the entire resort had already fulfilled its affordable
housing obligation initially by the setting aside of land where the Jack Hall
Housing Foundation is right now in Waikoloa Village. And secondly, also, by
providing that 300 acres of land where the County's now slowly developing the
Kamakoa Nui project. Those two, like, contributions have basically addressed the
resort's entire affordable housing condition.
Now, over and beyond that, what we had represented, the developer is saying that
we will relinquish the development of this one vacant multiple-family zoned
parcel and provide workforce affordable housing on that site. So, this is kind of
like an over-and-beyond kind of situation. So, the question of proportionality,
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Hawaii County Council-36 April 6,2022
then, is that anything above, even one extra unit, to me would be kind of
breaching the proportionality notion. But nonetheless, the applicant is saying, as
represented, they're willing to do 140. So, I think that's the critical thing that we
would request this body understand in terms of the proportionality question.
If you're looking at the—even if you're just looking purely notwithstanding the
resort's fulfillment of the affordable housing obligation—if you're looking purely
from a standpoint of the 900 timeshare units and you translate that to say, okay,
you have Chapter 11, your Affordable Housing Code. That is how you apply.
So, if you apply Chapter 11, the Housing Code, it requires 20 percent of your
900 units to be you need to generate, essentially, 20 percent, 180, yeah. Twenty
times 900. No. You need to generate 180 affordable housing credits. That's
what the Housing Code says. So, let's look at that.
If you want to apply the Housing Code to this project, there's an obligation for
180 units. They're proposing 140 affordable housing units. And the way the
Code reads, your Chapter 11 Code, which this Council adopted, shows that if
you're targeting, like in this situation here, 60 percent, you get two credits. So,
that means they have like about 100 of those units, of this 140 units, they're going
to be renting them for 65 years at 60 percent or below. So, what do you have
now? Now, you have 200 affordable housing credits over and beyond what your
Affordable Housing Code requires.
So, my suggestion is that if there's an issue relating to affordable housing, there's
a need to more, then look at your Affordable Housing Code. And don't go one
and, you know, like just looking at Waikoloa and saying, "For you, you should
have more." And look at this other guy: "You should have less." No, no, it
doesn't work like that. It's not fair. That's why you have the Affordable Housing
Code. Change that if you want to increase the requirement.
So, that's why we're saying two things. One is that they've already fulfilled their
obligation. Anything over and beyond that breaches the proportionality test.
Secondly, if you feel like your affordable housing requirement, the Code, is too
low, change the Code. Don't do it piecemeal. So,that's my spiel as far as the
technical end. Now, in terms of the ability for the project to sustain the additional
250 units, I've got to defer that to Mr. Plunkett.
MR. PLUNKETT: I'll just, at the risk of being redundant, Waikoloa was
approved for 6,365 units. We've built 3,414; 2,951 remains. It's a moving
number but that's tying to the application, and the 900 is a part of all that. The
affordable housing requirement was met, as Sid mentioned, with the dedication of
the 300 acres and other considerations back when that was done. So by listening
to the community, we determined the need for more affordable housing. And
we're taking that upon ourselves to subsidize that.
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Hawaii County Council-36 April 6,2022
And just to let you know what we are doing is we are dedicating a resort site
specifically to that that has much value to it. The cost to actually bring the
infrastructure is well over $3.5 million. That's all on our dime. And we do listen
to all of you. And as I mentioned before, we listen to those that are even likely to
not support us because all opinions are important, and we respect them all. So, in
listening to Council Member Inaba, we did agree that the 140 units will be built
first, before we build a single unit—or occupy a single unit of Kumu Hou. We
also said that we'll up that 140 to 200, assuming that we can get the 201H
exemption and assuming that the designated site, it wouldn't create a problem for
some cultural site and so forth. And we don't expect that to be a problem.
I would tell you that, and together with everything, that we've tried to put our best
foot forward, and we're leaving it all on the field. And I actually believe that an
additional 250, which we cannot afford to build, in our view of this, is a bridge
too far. And so as Sid, as you stated, we have—Council Member Kierkiewicz, we
have attempted to put our best foot forward. So, I appreciate it but that much is a
bridge too far for us.
MS. KIERKIEWICZ: Thank you, gentlemen. I really appreciate that. I don't
think anybody here is going to disagree with the fact that we do have an
affordable housing issue. But solving it is not your burden alone. You've already
satisfied the requirement by providing 300 acres. It's really on the back of the
County, now, to start really accelerating the pace in which housing is developed
here.
I'm not seeing the proportionality of the request that you have with consolidating
the properties and the connections having to build 250 more units on top of what
you are already saying you can do. I really appreciate you putting this forward,
Mr. Inaba, but I can't support it. And I do hope that my colleagues consider what
you folks are able to do, which is an additional 60 on top of the 140 that you've
committed to doing. So, thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Kaneali`i-Kleinfelder, go
ahead.
MR. KANEALI`I-KLEINFELDER: I just wanted to clarify. So, the
201H requirement is 20 percent, which would be how many units?
MR. FUKE: The Chapter 11, right, the Affordable Housing Code, if you have
60 percent there, you know, you need to generate credits. And credits are not
necessarily equal to number of units. So, if you have like 60 percent, according to
the Housing Code then you're eligible to two housing credits, as opposed to
putting a unit at, like, hundred percent of median income, then you only get one
credit. If you do 140 or 120, then you get.5 credit. That's how the Housing Code
works.
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Hawaii County Council-36 April 6,2022
Sixty percent gives you two credits. In their current proposal right now,
60 percent of the 140 units will be targeted to the 60 percent or less in the market.
So, 60 percent of 140, how many units is that? Anyway, it comes out to like
about 200 some-odd units. You kind of exceed the required number based on
your Chapter 11 Affordable Housing Code,just with this one project. So, you
satisfy the requirement for the 900 timeshare units. You do.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
MR. FUKE: Sorry. My math is really bad. I mean, everybody knows that.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Ms. Lee Loy, go ahead.
MS. LEE LOY: I'm glad Mr. Kaneali`i-KI einfelder's confused a little with me
with this affordable housing number, with the 201H. And thank you, Mr. Fuke,
for triggering the credits, right. Because, the credits are calculated differently
based on the unit that it serves, right, the AMI (Area Median Income) that it
serves.
I had, actually, a larger concern. And I wanted to ask Planning Director to come
forward because this substantially changes what's been evaluated throughout
every single process. And I just wanted to get the Director to weigh in on the
process.
MR. KERN: Sure. Good morning still, I think. Yeah, good morning.
Zendo Kern, Planning Director. Yeah, this is certainly unique as far as the
process goes. The applicant's required to do a notification of surrounding
property owners, et cetera, based on the proposed project, which in this case is the
time share units, et cetera. It doesn't call for the other components within there,
such as these 250 additional units.
The other site that they are going to build the affordable workforce units on is
already entitled. So, they're already entitled to build those 140. And if they can
go through the 201 H process, then that would come back before you and it would
be its own application and its own process. So, I feel that if you go this way at a
higher level, it really changes the whole representation of the project, and I would
have concerns around that. Does that answer your question?
MS. LEE LOY: It does. Because, if the shoe was on the other foot and they
wanted to do 900 timeshares and they had support across the Council, they could,
at the I Ph hour, flip it into 2,000 with an amendment, something like this.
MR. KERN: Correct.
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Hawaii County Council-36 April 6,2022
MS. LEE LOY: Okay. Yeah, that's my big concern, is what was the boundary
lines of this project as it was represented through all the steps of the process. And
I'm concerned that we may have even short-circuited a contested case process
because of this significant change. For me, that's the heartburn on this particular
amendment.
MR. KERN: Sure. In addition, the SMA was amended per this request, per that
notification. So, they linked up and it was approved.
MS. LEE LOY: Thank you for that.
MR. KERN: Thank you.
MS. LEE LOY: I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Ms. Villegas, go ahead.
MS. VILLEGAS: For me, it's a matter of personal things. When the property
was purchased and the 300 acres was given to the County back in the '70s, our
government was operating on a value system to really develop, right. So, for me,
the challenge is we're at a different place right now. And so, logistically, you're
right, Sid. According to all those different parameters, you guys have fulfilled
everything. And you are going above and beyond. But I sit here and part of me
wants to scream, "Don't look up!" Yeah. Just like the movie. Because, we end
up with these same decisions that we have to make as a society, and they're hard
decisions to make right now.
And based on the broader parameter of everything that's going on in our world,
1,100 more timeshare units and continuing our reliance on tourism and the visitor
industry when we've just come out of a global pandemic, I don't think is the right
thing. It's a value choice for me. So, logistically,yes. You guys have done. And
as Ashley said, it doesn't land to you guys to solve our housing issues, per se. But
having these conversations also gets to change the dialogue that's exchanged on
what the expectations are, where we need to go that much further in order for us
not to end up with many of the challenges and the crises that we just endured
through COVID.
So, for me,just so you understand, for me it's a value choice about the future of
our island and where we're heading, and the wisdom in continuing to perpetuate
our overreliance on the visitor industry, per se, and what that takes, and that
imbalance. This is law and we pass laws, but I just needed to explain, for myself,
what that value system and some of the frustrations. I was born in '73 here in
Hilo and how all these things have changed. And that's one of our jobs. We
make decisions based on our value systems and what our constituents are looking
for.
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So, for me, yeah. I just want to sometimes scream, "Don't look up!" But it sucks
because it means that we also have to start making really hard decisions. Because
we can talk about stuff and, yeah, we want to whatever, but when it comes to
really, then saying, "Wait, we've got to change the way we're doing things." So,
that's kind of my mana`o,just to share with you folks. I appreciate your time.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Mr. Richards, I believe
Mr. Fuke wanted to say something.
MR. RICHARDS: Sure.
MR. FUKE: Well, all I was just going to say is like what Mr. Plunkett had
indicated, that the representation, you know, like we took Council
Member Inaba's request for additional units very seriously. And as a result, they
said, "Fine" You know, like, "We'll push the envelope and try to do 60 more,
provided we can get a 201H." So, that kind of increases the number to 200. And
Council Member Inaba also made a good point to say that you should have all
140 completed before the first occupancy, rather than maybe having only ten
completed and then you get forcedso, they say, "You have a point."
So, those concepts are reflected in Communication 601.26. That's a proposed
amendment relating to all of that. And from our standpoint, we respectfully
would request consideration of that, as opposed to what's currently before you
right now. Because as Mr. Plunkett had indicated, that proposal right now kind of
like goes beyond. And basically even if it's adopted, the project will not proceed
because the condition is, like my friend used to tell me, sometimes you have
conditions that can be an insidious form of denial. And that's what it amounts to.
So, I look at it personally and rather sadly that you can ask for 390; 390 is more,
definitely, than 140, but is 140 more than zero? And that's where you are. And
to me, like 140 is something that they can commit. They can commit, also,
potentially 60 more. If this thing goes down, you end up with zero.
CHR. DAVID: Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. Again, there's no point to rehash
affordable housing. We need it. What's important is going forward. And we're
also not going to have the conversation about which direction we need to take, our
economy, because we are charted in the direction we're going right now.
Specifically, we're talking about I listened very carefully to Mr. Plunkett and
your comments about building additional units. Of course we all want more, but
can you afford to do it? The short answer is no. It doesn't make economic sense
to do that. And this is the problem we have with affordable housing, generally
speaking. It costs to build. So, there has to be a metric to afford it, to pay for it,
or it doesn't happen. That's why we're in this housing crisis because we need to
have the ways going forward.
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Mr. Fuke talked about 201H. That will increase it. So, when that comes before
us, I'm assuming everybody on this Council would support it because that makes
sense. Though I want more affordable housing, they've already done it. And
we're not supposed to move the goalpost because we can. That's not how this
works.
So, I do not support this amendment as it's written. I think some of the concerns
that Mr. Inaba, and rightly soI see your concerns are addressed in some of the
other amendments going forward. I want this to get off the ground. I want that
affordable housing. I can appreciate the gray fogginess when it comes to credits
and all that. Long story short, they've already been satisfied. But this is that new
direction that we were talking about, a new way administering. I think it could be
used as a model going forward. So, I do not support this amendment, though I
support some aspects of it. But I think they're addressed in other amendments
coming forth. So, thank you, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Mr. Chung, go ahead.
MR. CHUNG: Yeah, thank you. Mr. Plunkett,jog my memory. What is the
timeline for the build-out of the timeshares?
MR. PLUNKETT: The timeshares will be built out over 20-plus years.
MR. CHUNG: Over 20 years. I mean, at best you can tell, more or less, about.
MR. PLUNKETT: I would say 20-25 years to
MR. CHUNG: I mean, in 25 years or like maybe in 5 years, "x" amount. You
have any idea? It's just a ballpark.
MR. PLUNKETT: I would submit to you that the first building for timeshare
would be in about five years.
MR. CHUNG: Okay. And then incrementally, thereafter, is when it makes
20 years, thereafter.
MR. PLUNKETT: And then incrementally over time, depending upon demand
and the market. So, it's definitely a long-term project.
MR. CHUNG: But you've already pledged to complete the 140 units prior to any
building. Correct?
MR. PLUNKETT: Yes, sir. That's correct.
MR. CHUNG: Based on what was represented by Mr. Fuke on the Affordable
Housing Code, from my perspective anyway, the 140 units is already more than
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Hawaii County Council-36 April 6,2022
would be provided under our own County Council-enacted Code, which is a
statement, basically, of what is proper, what is a reasonable nexus. As Mr. Fuke
said, if we disagree with that statement, we should change it. Anything over that,
in my estimation, is arbitrary. And that becomes dangerous. Holeka said that all
of these things, or a lot of them, if not all, were what were represented by the
developer. Oddly enough, not the 250, though. Right?
MR. PLUNKETT: That's correct.
MR. CHUNG: Yeah. I cannot support something like this. It just flies in the
face of all reason. We all understand the need for affordable housing, but this
goes contrary to our own statement policy, basically, by the County Council. I
cannot see how we can justify this. That's all. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else before weoh,
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, thank you. I kind of learned my lesson way back at the
beginning of my term about asking for extra things. But I do want to actually
mention, tying into what you said, Mr. Fuke, and actually what you said, Rebecca,
about historically our intentions and our legislative choices have been based on a
different mentality. It has been based on development, low cost for large
landowners, speculation. It's rooted in that deep colonial history. And the reason
I can go way back here is because I think that when we look at our affordable
housing problem, it's not something that suddenly dropped in our laps. It's
something that's been evolving over many years because of some deep,
structurally rooted policies within the County.
First and foremost, property tax values are way off. They actually promote
speculation, second homeownership, abuse of agricultural dedications, all things
like that which makes fewer housing opportunities available. Again, limitation on
density, not allowing accessory dwelling units; again, not making affordable
housing available. Even more so, I think is a failure both on our parts and as a
State in general, to ensure that people are paid a living wage so that they can
afford what is on the market.
And finally, Holeka, you and I have discussed Chapter 11 at length, a deeply
flawed chapter that also has structural components to it that are preventing us
from realizing, in physical form, affordable housing units. I know where your
heart is on this because we've talked so much about affordable housing. I do
think that the 140 units, which if you do the fancy math of a Chapter 11, yeah,
you're actually doing more than your 20 percent by like, let's see, by six more.
But yeah, it's wonky. And there was probably a purpose at the time. There's a
lot of things at play around affordable housing.
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Hawaii County Council-36 April 6,2022
And so, I do think we need to address some of the other grammatical or editorial
changes that Holeka has addressed. I think they are addressed in some of the
other changes. There's change to the net requirement. As much as I'd love to see
that, I don't think I can support it. I think we need to, as a body, go do some of
this harder work looking at some of these structural things that actually promote
the lack of affordable housing on our island, and in our State.
I am going to throw out one question, though. The tie of this to the occupancy
permit of the first timeshare. My recollection is that there were also some
residential units as part of the project. What's the phasing on that with respect to
the workforce housing and the timeshare development?
MR. PLUNKETT: It's not related. It's really the first—the practical reality is the
way this affordable housing project will be built, it will be built as one phase. It
will be done all at once. It will be done before the first occupancy unit of
Kumu Hou, period. Whether it's timeshare or residential or whatever it ends up
being. But that's the intent.
MS. KIMBALL: Thank you for that clarification. We did have some discussions
early on about when things got called timeshares, when they were residential
units. And there was some vagueness about that, so I appreciate that clarification
that there's not sort of this other challenge in there. That's all I have to say. I
would love to support this, but I feel like there's other things that we need to be
doing to address this particular issue. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm going through the
minutes, and I hate to dig in a little bit. But I'm going through the minutes for the
Planning Commission meeting. And there was originally discussed 142 units,
with as many as 60 more units possible. So I mean, I can quote it from here, but it
was in the Planning Commission. So, we're talking about 140 on this paper, 142
in the Planning Commission, and then up to another 60.
MR. FUKE: Can I explain that? The zoning would have maybe afforded like
142, but we had to kind of like scale back on the two because they were going to
be like for the manager/operator. So, they don't qualify as your affordable units.
So, this makes it explicitly clear that 140 will be specifically assigned to
affordable. So, the project may end up, in the first phase, like 141, 142 units, of
which 140 is going to be rentals. Of course, you're going to have an operator
there who may not necessarily qualify as being in that different rental level.
MR. KANEALI`I-KLEINFELDER: Okay. And then the other 60, that it says,
"We might pursue up to as many as 200 units."
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MR. PLUNKETT: That's correct. And we've been consistent with that, that we
did want to do some more units. And we are willing to say—we further wanted to
say that. And we did not represent to the Planning Commission that there would
be 200. When we got to you, we realized we were going to need a 201H to be
able to do that. And if we can get that, we'll do the 200. And that was all part
of—we've always wanted to do as much as we possibly can afford to do. And so,
there's consistency between the two.
MR. KANEALI`I-KLEINFELDER: Okay, so, the 200 mentioned here, but the
140 on the amendment.
MR. FUKE: The 140 was the commitment. The goal was to have something
more.
MR. PLUNKETT: Right.
MR. FUKE: But to do something more, the existing zoning would not support it.
So, we recognize that we would need to have like a 201H. But we can't represent
something that we don't have the entitlement for.
MR. KANEALI`I-KLEINFELDER: Okay, so, Mr. Inaba's amendment, in your
eyes, I mean he's asking for more affordable housing units. Correct?
MR. FUKE: He's asking for like two things, I think. So, essentially, one was to
have 250 more units. So, that would be 140 plus 250, for a total of, if my math is
correct, 390. And secondly, is to have the initial 140 be occupied before any
occupancy of the timeshare project.
MR. KANEALI`I-KLEINFELDER: Okay. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung, go ahead.
MR. CHUNG: Oh, I'm sorry.
CHR. DAVID: Oh, no? Okay. Anyone else? Mr. Inaba, go ahead.
MR. INABA: I just want to clarify back. Obviously, the applicants have gone
back and forth with me, with Ms. Kierkiewicz. They do have land and those
entitlements for those units, currently. What's happening here is we're taking
away open space—golf course open space—to develop on. There is room. I
believe it was represented by the applicant that they could build these existing or
their remaining units with the space they have. But we are taking away open
space. So, with that request to get rid of open space is this request for more
affordable units. And that's clean and simple where it comes from. So, I think I
know where we're heading on this, but would love to hear your thoughts,
Chair David.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you, Mr. Inaba. I see no other lights on. And this
discussion has been very enlightening because I really agree, and I don't think
anybody else disagrees, that we really need affordable housing, okay. This is
going to be workforce housing. So, to me, the affordable housing is a bigger issue
that we need to address as a body. The principle, I support.
Mr. Inaba, I agree with you; we need more of these workforce housing.
Procedurally, I really believe that the proportionality that was discussed in-depth
is something that is very concerning for me in how we proceed with requiring this
applicant to do more housing. As much as I wanted to, you know, "Why 250?
Go more,"right? But what we have before us, I support the principle. But the
process is restricting me from supporting this request. And I just needed to tell
Mr. Inaba that I totally thank him for his amendment. But then, realistically,
procedurally, I just wouldn't be able to support it at this time. So, on that,
Mr. Clerk, can we do a roll call vote, please?
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.24 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.
MR. HENRICKS: The motion fails.
CHR. DAVID: Thank you.
MS. LEE LOY: Chair?
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Is it possible for us to take a short break?
CHR. DAVID: No.
MS. LEE LOY: Because I'm also thinking about people who were
CHR. DAVID: I know. I'm sorry. I was just going to suggest that, because it's
hard sitting here too. I understand. We're going to be in recess for ten minutes?
MS. LEE LOY: Sure.
CHR. DAVID: All right. We'll be back by 12:15. Thank you,people.
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Hawaii County Council-36 April 6,2022
Recess: At 12:05 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:17 p.m.
CHR. DAVID: I'm calling this meeting out of recess. Right now we are—we
voted on the amendment 601.24, Communication, and that failed. So right now,
back to Ms. Kierkiewicz. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Since we're on housing, I'll stay on the
housing amendment.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 3, with
the contents of Comm. 601.26. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. This was developed in partnership with
the applicant. They made representations that they could go as much as
200 affordable units, but that would entail going through the 201H process. And
so, this condition is just kind of memorializing that commitment. Mr. Plunkett,
Mr. Fuke, feel free to elaborate.
MR. PLUNKETT: I think you summed it up correctly, Council Member
Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Looking for everyone's support.
CHR. DAVID: Thank you. Anyone else on the amendment? Go ahead,
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo. Just wanted to check. So, it looks
like it's of the initial 140 units at 60 percent shall be low, I'm sorry, well,
30-60 percent of the prevailing County Area Median Income. And any additional
(units) "shall be rented in accordance with prevailing affordable housing
guidelines." That's the intention?
MR. PLUNKETT: That's correct, sir. That's right. The initial 140 will be those
percentages that were laid out, precisely with 60 percent of the units being an
AMI of 30-60 percent. The additional 60 units will be according to guidelines.
MR. KANEALI`I-KLEINFELDER: Okay. And then, affordable housing
guidelines,just for the public, would mean that those will be
MR. FUKE: The affordable housing guidelines that is found in the Office of
Housing and Community Development, it's their guidelines.
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Hawaii County Council-36 April 6,2022
MR. KANEALI`I-KLEINFELDER: Okay.
MR. FUKE: So, whatever the prevailing guidelines at that particular year, that's
the rental guideline.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you very much. Appreciate it.
MR. FUKE: So essentially, then, the entire 200 units would be affordable
targeted to affordable,pursuant to the affordable housing guidelines. The initial
140 would be specifically targeted at the lower end.
MR. KANEALI`I-KLEINFELDER: Okay, good. Thank you. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone—Mr. Inaba, go
ahead.
MR. INABA: Yeah, thank you. Quick question. I think Mr. Chung asked it, but
you do believe that your first timeshare will be built in five years. Is that right?
Or construction will start in five years?
MR. PLUNKETT: That's the initial timeline that we're looking at. That's
correct. And keeping in mind that to get there, we have to build 140 affordable
housing units prior to that.
MR. INABA: All right. Wonderful. Thank you so much.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of amending Bill 115 with the contents of Communication 601.26, please
say "aye."
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.26 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: Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Final amendment.
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Hawaii County Council-36 April 6,2022
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 115, Draft 3, with
the contents of Comm. 601.27. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Earlier, we adopted an amendment I
put forward related to the Foundation, and in submitting their objectives and
mission to the County. This takes it a step further and just calls for the developer
to provide a progress report on the Foundation's activities in their annual report to
the Planning Director. Gentlemen, any further comments?
MR. PLUNKETT: No, ma'am. That's correct.
MS. KIERKIEWICZ: Thank you. Looking for everyone's support. Thank you,
Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Richards, go
ahead.
MR. RICHARDS: Yeah,just to speak up on that. From a foundation's
standpoint, they don't need to report this unless we have something like this. And
so, this is before us. So, this is about as transparent as they can get. So, I
commend the development and the Foundation for willing to do this so it's all
really crystal clear. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of amending Bill 115 with the contents of Communication 601.27,please
say "aye."
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.27 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: That was the last? Yes? All right, so we're back to the main
motion.
MR. KANEALI`I-KLEINFELDER: Chair, I have an amendment I'd like to bring
forward as well.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Oh. Go ahead, Mr. Kaneali`i-Kleinfelder.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 115,
Draft 3, with the contents of Comm. 601.31. Seconded by
Mr. Inaba.
CHR. DAVID: Okay, go ahead, Mr. Kaneali`i-Kleinfelder.
MR. HENRICKS: Before you proceed, I'm so sorry in interject. But just from a
parliamentary standpoint, I don't really understand the details of all these
amendments as well as all of you do, but there was an amendment in Comm.
601.28 that was made and approved that talks about the Foundation. There was
also one just made. And I just wonder if there should be an analysis as to whether
or not Mr. Kaneali`i-KI einfelder's amendment in Comm. 601.31 is congruent
with what's already been approved by the Council today, or if it's kind of an
oil-and-water situation. I can't say. But I just would, from a parliamentary
standpoint, I want to make sure that the motions don't conflict.
CHR. DAVID: Okay.
MR. HENRICKS: Or override each other, if there's some confusion later on.
CHR. DAVID: Thank you for raising that.
MR. HENRICKS: I'm not sure who would make that determination, if you could
get some consultation from as far as how the—if the amendments can stand alone
and be incorporated into the ordinance and be effectuated with each other together
and also without each other.
CHR. DAVID: Okay, that would be Corporation Counsel maybe, yeah.
(Note: At this time, Assistant Corporation Counsel J. Yoshimoto came
forward to address the members of the Council.)
CHR. DAVID: Thank you, Mr. Yoshimoto. Shed some light on our process
here.
MR. YOSHIMOTO: Good afternoon, Council Members. J. Yoshimoto,
Assistant Corporation Counsel. You know, having experience with multiple
amendments in the past, my initial thought would be that the amendments be
consolidated into written form to see what it looks like and see how it reads. I
don't know what timeframe the Council is looking at. I know this is second
reading. Or, you know, the applicants, I'm not sure of their time constraints. But
in order to properly analyze it you put the pieces to the puzzle together to see
what it looks like and then you figure it out. I mean we can look at it here in three
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Hawaii County Council-36 April 6,2022
different amendments. But to me, if the question is whether there's any conflicts
then, you know, we would need time to analyze it. Unless the Council feels
otherwise.
MR. KANEALI`I-KLEINFELDER: Can I ask?
CHR. DAVID: Go ahead. You can ask your question.
MR. KANEALI`I-KLEINFELDER: The amendments that would have a bearing
on the amendment I've proposed would be which one?
MR. YOSHIMOTO: Because you're suggesting to—your amendment involves
the Waikoloa Foundation, right, which was amended earlier today. So I don't
know if—maybe Mr. Fuke can help enlighten us as to the
MR. FUKE: If can just make a brief comment. What Council Member
Kaneali`i-Kleinfelder has proposed, Comm. 601.31, really essentially is the same
language that was proposed I think during the first reading, you know, with some
modification. And that was at that point and time assigned Condition IL So what
was previously approved by this Council was there was a Condition 11, which
talked about, "Within 90 days of the effective date of this ordinance the applicant
shall submit a correspondence . . . " you know, which is a resolution. So
presumably in my non-legal interpretation, the action on this kind of like took the
place of what is now being, you know, before you right now. So I would think
that if this gets adopted then probably "II"would have to be amended or changed
or whatever.
MR. KANEALI`I-KLEINFELDER: I would find that a fair assessment. I also
think that the two amendments that were passed earlier requiring, you know, what
is included in the annual progress report as well as that there shall be a
correspondence to the Planning Director and the Council detailing the mission
objectives of the Waikoloa Foundation. Those two, to me, don't interfere with
what I'm proposing in my amendment. It actually kind of plays hand-in-hand.
That's my reading of it.
MR. YOSHIMOTO: So if I may ask a question, Madam Chair?
CHR. DAVID: Go ahead.
MR. YOSHIMOTO: so is it you intention then to replace the previous
amendment with your amendment? Because in other words, how do they live
together? Mainly because if what I'm hearing is you have to modify what was
already previously amended—and that's why I want to put it into writing to see it
more clearly rather than see it separately. Are they working together? Because it
doesn't sound like it. It's in addition to, right?
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Hawaii County Council-36 April 6,2022
MR. FUKE: I think conceivably, you know, you could have like a new
Condition JJ. You know, because II was the last condition. So you have like a
JJ, and still would dovetail with the other conditions that we adopted. And what's
represented in so-called Condition JJ would essentially be the same as contained
in the foundation's resolution.
MR. KANEALI`I-KLEINFELDER: I agree. I think that's a very good
assessment, Mr. Fuke. And I would concur with that for the body as a whole.
CHR. DAVID: Okay.
MR. HENRICKS: So just to interject again, as I'm want to at times, this would
be a new Condition JJ or whatever it might take. It's un-lettered at this time not
knowing where we're going. But again, not to be too much of an analyst, but the
last sentence of this says that there about reporting. And I didn't know if that
wasI just read this now. It's congruent with what was passed before. So the
only think is to make sure that when—and, you know, as J said putting these
together. None of these three amendments are actually in the same condition. So
they are actually all separate. So if you want to put them together you put them
together in the ordinance and you look through"A"through potentially "JJ."
You'll still have to look at them kind of side-by-side and see if they work
together.
And I don't know if all the parts of.31 play nicely with the .2I don't remember
what the other two—.24 and .27 I think, that were passed. And all we're trying to
avoid is an unintentional situation where you end up with conditions that then the
Planning Department and the applicants have to use discretion. You know, this
says do this here, but his says do that there. And it would be totally unintentional,
but still that could be coming down the road as this progresses and I don't think
anybody wants that to occur.
CHR. DAVID: So, Mr. Kaneali`i-Kleinfelder, are you okay with the two
amendments regarding that we talked about, sufficient to take care of your
okay. So what do you want to do now?
MR. KANEALI`I-KLEINFELDER: If it's a simple change as far as making it a
"JJ."
MR. HENRICKS: That's already accounted for.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. HENRICKS: That would happen if this was approved. Because it's
unlettered at this point and time, to be designated it upon approval. So this is a
standalone condition that at this point and time would appear at the end of the
ordinance.
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MR. KANEALI`I-KLEINFELDER: Okay. And then I feel that the contents of
601.31 need to be discussed as a separate amendment. And I think that they're in
line with the amendments that have been made already today without interfering
with each other. I'm going to stick to that.
CHR. DAVID: Go ahead, Mr. Yoshimoto.
MR. YOSHIMOTO: So if the question being posed to our office is whether it's
legal or not, I can't give you that opinion just, you know, taking a cursory look at
it. Again, in the past in dealing with multiple amendments we've always liked to
approach that everything be put to writing. Once all the amendments are done,
then you see a complete document, then you know what you're doing. I mean,
that's just, to me, best practice. But up to the Council how it wants to proceed as
far as evaluating this amendment on its own. But to me it would be better to look
at it cohesively and then render an opinion based on that. But can hear from
the
CHR. DAVID: Thank you. I just have a, speaking about this amendment that
Mr. Kaneali`i-Kleinfelder has, basically it returns reference to the foundation and
the two percent into the ordinance. And I thought the whole exercise was to
remove that reference from the ordinance and that's what .27 and .28 has done.
So if we go back to putting in the foundation reference with this amendment,
Mr. Kaneali`i-Kleinfelder, we basically have to hana hou all of this. And I think
this was taking care of the connecting a private foundation funding, which you
have in your amendment, referenced to the two percent in an application for
approval.
So I think it undoes or negates what we've already assured that the foundations
role is not part of the conditions of this. I think that we had a huge discussion
about that. And so that would be my concern because I think we've done the
work on that. Just to be sure we that we do not mix the outside funding with our
process of approving applications that come before us. So that's my take on this
looking at your amendment for the first time, because I'm going, "Uh-oh, it's
back."
MS. BOEDEKKER: May I just add something too?
CHR. DAVID: Sure.
MS. BOEDEKKER: So I believe what Mr. Kaneali`i-Kleinfelder has presented is
exactly the resolution. And I understand the point is what he's trying to ensure
that our commitments are made. And I think we've had the discussion that the
commitment is there through the unanimous consent of the board, which is also
required legally to uphold those promises. Not just from a, you know, "We
promise to do it,"resolution. It is a legal binding document for us. But I do
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Hawaii County Council-36 April 6,2022
understand what you are wanting to do here. But it basically mirrors exactly
what we did just do. So however you guys want to handle it, I just wanted to be
clear about the language is the same.
CHR. DAVID: Thank you so much for that. Okay. Ms. Kimball.
MS. KIMBALL: I had a comment on the matter of just whether or not to
consider this amendment at this time, if I may? I actually think that it can be
considered amongst the other amendments that we passed today. Whether or not
the merits inclusion is another discussion. But I think it plays okay in the sense
that it's going to be ugly to have them together. But I think they don't inherently
contradict each other. So I think we could consider it if you wanted to have that
discussion. Thank you, Chair. I yield.
CHR. DAVID: Thank you. Anyone else before I go back to—Mr. Richards, go
ahead.
MR. RICHARDS: Yeah. Chair, I agree with you. I think that we've had this
conversation before and we're keeping it out by the actions of what the
foundation has done. So I agree with your interpretation. So I think it would
screw up about two hours of conversation.
CHR. DAVID: Thank you. Ms. Kierkiewicz, before I go back to Mr. Chung.
MS. KIERKIEWICZ: Thank you, Chair. I'm just going to kako`o your
comments. There was a tension point during committee at first reading about the
two percent and the concern of it being pay to play in essence. And so we worked
really hard to keep it very high level, which is why we have communications .26
and .27. I would have real heartburn if we were going to further consider this,
because I think it would really kind of undermine all the work that we've just
done over the last couple of hours and just set that really bad precedence we were
trying to avoid in the first place. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz.
MR. HENRICKS: If I can just clarify just so the position from this seat over
here, nothing I said was about what you guys were just talking about, whether or
not approving this would negate the previous work you did. It was purely about
whether or not structurally it fit in there, not whether or not it was undoing
previous policy decisions.
CHR. DAVID: Right. That was the comments from the Council Members and
myself. So thank you for that, Mr. Clerk. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I appreciate the concerns of the Council and
understanding the point of view. I think what the difference is, is having a
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Hawaii County Council-36 April 6,2022
resolution from the foundation greatly deferring from being part of an ordinance.
And that difference really meriting that an amendment of this type being applied
to the ordinance itself very much sets in stone what the agreement is. With full
respect to the foundation having it as a resolution passed, having a progress
report, good; having the language be, you know, that we shall do these things in
line with the resolution from the Foundation in our annual progress report, great;
but it's not codified in our County ordinance. It's different.
To me they're two separate things that are guiding two different directions. One,
how this is an ordinance for the County and how we interact. And then two, what
the requirements of that ordinance are. And then on the backside a resolution is
chosen to make these priorities and to fund these certain things. They may be in
perfect alignment with each other and we did speak about it. But I think having
them codified in two different areas is more of a failsafe than working against.
That's my opinion.
MS. BOEDEKKER: From a foundation perspective it doesn't matter one way or
the other to us, because we're promising the same thing in both documents. So
we're okay with whatever direction. I mean, not that you need my opinion, but
I'm just saying it's the same commitment.
MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for that
commitment.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung, go ahead.
MR. CHUNG: Yeah. I mean, I'm really confused as to where we're at right now.
But I kind of took a look at this and I looked at that, you know, the amendment
that was previously adopted in Communication 601.28. And as Ms. Kimball said,
yeah, its inclusion in the document will probably make it kind of ugly. I think
that's the word you used. And I agree. But that's the nature of the beast, you
know, because we can't collaborate, right, because of Sunshine Law. I don't see
anything wrong with this being included as a"JJ." Because you guys are in
agreement with this language, right? So I'll just say let's move ahead and adopt it
and go forward already. I'll support this thing. I don't see anything wrong with
it.
CHR. DAVID: Okay. Anyone else?
MS. LEE LOY: Call for the question.
CHR. DAVID: Okay. Alright. Clerk Henricks, roll call please on the
amendment.
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Hawaii County Council-36 April 6,2022
Vote on Motion The motion to amend Bill 115, Draft 3, with the contents of
to Amend: Comm. 601.31 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, and Villegas —5.
Noes: Council Members Kierkiewicz, Lee Loy,
Richards, and Chair David—4.
Absent: None.
Excused: None.
CHR. DAVID: Alright. Now back to the main motion, as amended, with all
these communication. How do we want to do this?
Vote on Motion Ms. Lee Loy moved to suspend Council Rule 24 to waive
to Suspend the holdover for substantive amendments to Bill 115,
Council Rules: Draft 3. Seconded by Mr. Richards and carried by the
(Approved) following
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: Alright, back to the main motion, as amended, discussion please.
MR. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I just wanted to mahalo this group of folks
in front of us today. I think they really worked well with us and they've made a
lot of movement towards helping the community. It is going to be a large project.
It's going to have an impact on the community as a whole. But I think as a whole,
what I've seen from our communication with you, with the Council, with
yourselves, with the community, I think it's really going to work out to be a really
good project.
In alignment with projects we've seen in the past,we've mentioned Billy Kenoi,
previous mayors, I mean, there's always a lot of discussion to come to a final
conclusion, or an end result that's beautiful. And I think we've done a good job
so far with this. So I appreciate you folks and I appreciate the discussion of the
Council, and you sitting here patiently through all of it as well. Thank you.
MR. PLUNKETT: Thank you very much. And we do appreciate the efforts that
all of you I know put into this for sure.
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CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy, go ahead.
MS. LEE LOY: Yeah, I wanted to springboard off of Mr. Kaneali`i-Kleinfelder.
I think you have exercised everyone's muscle here with this project. We saw a lot
of collaboration, we saw a lot of discussion, we saw a lot of back and forth. And I
also saw that we learned a lot, too, with what rational nexus looks like and we as a
body can do better. So I actually want to thank you folks for bringing this project
forward, because, you know, sitting up here for as many years as I have, this
definitely was growth for me, I know personally. So thank you so much. It really
does feel good to support a project like this. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Mr. Inaba.
MR. INABA: Yeah. You know, and I think like Ms. Lee Loy said, it has been a
really good practice for—it's like being an attorney. I'm practicing what we have
to do up here. But I do need to state for the record that development in West
Hawaii, especially development that doesn't cater to our local community who
live here to a certain extent beyond those 140 units, it's difficult. The community
who has reached out via social media who are not tied to whether it be the small
businesses at Waikoloa, or anyone who stands to benefit financially have not been
in support of this project. We know that we've had a lot of problems with our
water, which we've had multiple discussions on. I'm still uncomfortable with
where that is and I know, like you folks said, we could go back and forth with
that.
I'm thankful for the 140 affordable units. Overall,though I do not consider a
development of this type responsible or a new reason. It is exactly in line with
what has been there for the last 40 years. So I do want to point out, especially
having received that resolution from this board of the Waikoloa Foundation still
problematic. The Land Company and those proceeds are giving $50 million to
people, the board members currently, Ms. Boedekker and Mr. Plunkett and
Mr. Hecht. That is where the $50 million is going. So I want to point out I still
don't see community representation on the actual governing board. It seems
almost, for a lack of a better word, self-serving when there's been representations,
but nothing has shown that even today on this document there is a representative
board leading this foundation. And that's very disappointing.
So Council Members in Kona know the extent of overgrowth of
overdevelopment. You'll sit in traffic all day in Kona. Rezonings always need
Council approval and our amendment, you know, tried to do good for the
community who lives here and not those visiting. And with that I just cannot in
good conscience support this project, in light of all of the negative impact that it
will bring to the community and the lack of infrastructure that have in West
Hawaii.
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So I mahalo you folks for your work for those 140 workforce units. But the
remaining parts of the project are just extremely troublesome as we look forward
to perhaps other industries that will sustain and improve our way of lifestyle here.
So with that, mahalo.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And I take a different approach to this.
First of all, I want to commend Waikoloa Land and Foundation for coming in
with a new way, new direction. And we do have to do things differently going
forward. But it's like turning a battleship, it's not going to happen quick. We
have to start making the turn, and it's got to be incremental.
I've always been a big proponent of diversifying our economy. But that also
doesn't turn overnight. We have to work towards something as we shift. And to
me this is kind of a new era of how to do things, very community-minded coming
in. And, you know, Mr. Inaba, I don't disagree that we need more. But that
means that we, this Council, needs to do a better job as far as getting these things
approved coming forth.
Also it talks about infrastructure. We've got to do that infrastructure and that's
incumbent upon the County, not any developers as far as moving the policy
forward to get that done. So I want to thank you guys for being very responsive,
very attentive, to the request and the needs to try and put this together. And like
anything, it's going to be a middle ground where we can actually start moving the
needle forward. It's not perfect. But borrowing Mr. Chung's statement, a little
bit ugly here and there, but the point is we're actually going to be doing
something different. And I think that's going to help us going forward, because it
is a new way of approaching things. And I look forward to watching this going
forward.
And a lot of statement were made. It comes down to the—well, we can have
documents of paper, but it comes down to the character behind the people signing
that document. And I believe that we have good people signing documents here
and I trust them and I think they're going to be good to their word. So I fully
support this going forward. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Mr. Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Sorry.
CHR. DAVID: Go ahead.
MR. KANEALI`I-KLEINFELDER: I really want to recognize. And I don't
know if this is expressed clearly for the communities. Some community members
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are still grasping there's a development of this size happening. And so I want to
express that you folks have made a commitment today for funding for
infrastructure for native Hawaiians in the South Kohala district. To me that is
huge and that really, really, I think, should just be impressed upon the community
of what commitment you've made to our native Hawaiian community,
specifically in South Kohala, given this happens in the South Kohala district. I
really, really want that to be clear today. So thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Okay,
seeing none, very quickly, I just want to say, thank you. I think this exercise, the
weeks of discussions, and going back and forth was very enlightening. And
regardless, this process allows each one of us to really consider what's before us
and how it will benefit this island as a whole. I just want to express my thanks for
that.
However, I just want to also express my position that all the good things that you
folks are doing and I praise you folks for that. The thing that stands out in my
mind over the next 20 years, 900 timeshare units on this side of the island will just
impact so much of our County facilities, as it already has. So for that, I think, I
know it's a spread out between 25 years, but, you know, in my decision making I
think that is the most impact I see, is that many timeshares and in my mind
whether this island needs that many or not. We need affordable housing. So
when you balance 140 units to 900 timeshares, you know, I just don't see the
balance there. And that's just me.
And so I appreciate everything that you folks have done. Sidney, always, you're
very excellent in your job, and I appreciate that. But for me, being from here, I
can't justify your proposal for those 900 units. So I respectfully decline to
support this project. So thank you so much. Mr. Clerk.
Vote on Bill 115: The motion to pass Bill 115, Draft 3, as amended to
Draft 4 Draft 4, on second and final reading was carried by the
(Adopted) 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 so much. Alright. Mahalo everybody for your
patience and for being here for so long.
MR. PLUNKETT: Thank you. And I'm sure you need a break from us too.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: We still have Bill 112, but we can do that right now and so they
can go home.
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), SINGLE-FAMILY
RESIDENTIAL— 10,000 SQUARE FEET (RM-10) AT WAIKOLOA, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-9-008:21, 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)
First Reading: March 23, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 112 on second and
final reading. Seconded by Mr. Richards.
CHR. DAVID: Any discussion?
MS. KIERKIEWICZ: Yeah. Thank you, Chair.
CHR. DAVID: Go ahead.
MS. KIERKIEWICZ: This is the companion measure to Bill 115, and I just
wanted to take the opportunity to say mahalo nui. I said it before, that I've
appreciated working with you. Even when folks that, you know, don't support
your project you are still willing to engage and I think that speaks volumes about
your character and integrity and commitment to our community. So I'll be
supporting the project. Mahalo nui again for just, I think, taking it up a few
levels, right. I mean this is not the perfect project. I think we want to see some
things different. But it's certainly making good progress. So thank you for that.
Chair, I yield.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill—you know what. Roll call. I'm sorry.
Vote on Bill 112: The motion to pass Bill 112 on second and final reading
(Adopted) 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 very much, Mr. Clerk. And thank you everybody for
being here. Okay. Can we just go up to Bill for First Reading? What are you
here for? Bill 107, second reading. Okay.
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)
First Reading: March 23, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 107 on second and
final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. We've had substantive and comprehensive
discussion on this in committee and first reading. But I will just note that
Bill Moore has been patiently waiting and is here and available to answer
questions if folks have any inquiries. Thank you, Chair.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of approving Bill 107 at second and final
MR. HENRICKS: Madam Chair.
CHR. DAVID: I'm sorry.
MR. HENRICKS: I normally wouldn't point out amendments, but it looks like
it's a correction not a policy amendment. Am I mistaken? The Comm. 575.100.
CHR. DAVID: I'm sorry.
MR. HENRICKS: I don't think it changed the substance to the bill. I think it
makes a correction to a TMK and Condition N.
CHR. DAVID: That's right. Thank you. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Sorry. There have been so many
planning bills and so many amendments. Hard to keep up. Okay.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 107 with the
contents of Comm. 575.100. Seconded by Mr. Inaba.
CHR. DAVID: Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. You know, in our review of some of
the Planning Commission meetings and ensuring that all the amendments were
properly elevated in the ordinance, we noticed that the TMK that was mentioned
that was written was inaccurate. So this would resolve for that. We worked with
Planning Department to do a scan of the entire bill to make sure all the TMK's
were accurately represented in this. So looking for everybody's support on this
very significant and important amendment.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all
those in favor of amending Bill 107 with the contents of Communication 575.100
please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Motion The motion to amend Bill 107 with the contents of Comm.
to Amend: 575.100 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.
Vote on Motion Ms. Lee Loy moved to suspend Council Rule 24 to waive
to Suspend the holdover substantive amendment to Bill 107. Seconded
Council Rules: by Ms. Kierkiewicz and carried by the following voice
(Approved) 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: Alright. Now back to the main motion as amended. Any
discussion, Council Members? No. Alright. All those in favor of approving
Bill 107, as amended, with the contents of Communication 575.100,please say
Ic aye.
Vote on Bill 107: The motion to pass Bill 107, as amended to Draft 2, on
Draft 2 second and final reading was carried by the following roll
(Adopted) call 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: Can we do Bill for First Reading and just go all the way down,
Mr. Clerk, on the ones that we missed.
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Hawaii County Council-36 April 6,2022
BILLS FOR The Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING
Bill 137: AMENDS THE STATE AND LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT `O`OMA 1ST°
NORTH KONA, HAWAII, COVERED BY TMK: 7-3-017:024
Approve: PC-54
and
Bill 138: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) TO
SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT
`O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TMK: 7-3-017:024
Applicant: Aaron Nuola Kahananui) (Area: .992 Acre)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment to the State Land Use Boundaries Map and change of zone, which
would allow the applicant to seek subdivision of the property into two residential
lots for estate planning purposes. The property is located at 73-4413 Hawaii Belt
Road, approximately 100 feet southeast of its intersection with Kalaoa Street in
North Kona.
Reference: Comm. 676
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-55
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 137 on first reading
and adopt Planning Committee Report No. 54. Seconded
by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We had discussion in Committee. Just
noting that Deputy Planning Director Jeff Darrow is available as well as the
representative for the applicant, Mr. Pippin. We also met the owner of the
property, Mr. Kahananui, in Kona. And I will be supporting their request. Thank
you, Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 137 at first reading please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Bill 137: The motion to pass Bill 137 on first reading and adopt
(Approved) Planning Committee Report No. 54 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.
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 138 on first reading
and adopt Planning Committee Report No. 55. Seconded
by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Again, this is the companion measure.
Fully support Mr. Kahananui's efforts to do family estate planning on his property
and ensure that all of his `ohana have access to housing and their agricultural
activities. Thank you, Chair.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 138 at first reading please say "aye."
Vote on Bill 138: The motion to pass Bill 138 on first reading and adopt
(Approved) Planning Committee Report No. 55 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-36 April 6,2022
Bill 139: 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 —Mainstream Voucher Administration
account($45,000); and appropriates the same to the Office of Housing Other
Current Expenses account, for a total appropriation of$51,679.
Reference: Comm. 677
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-120
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 139 on first
reading and adopt Finance Committee Report No. 120.
Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: It's been an interesting morning. Hopefully
we have somebody from the Office of Housing on, if there's any questions from
the Council. I yield, Chair. See if there's any questions.
CHR. DAVID: Thank you. Any questions from the Council Members? Seeing
none, all those in favor of approving Bill 139 at first reading please say "aye."
Vote on Bill 139: The motion to pass Bill 139 on first reading and adopt
(Approved) Finance Committee Report No. 120 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.
Page 70
Hawaii County Council-36 April 6,2022
Bill 140: 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 Grants —Home Program—Tenant Based
Rental Assistance Fraud Recovery Income account($5,000); and appropriates the
same to the Home Program —Tenant Based Rental Assistance Fraud Recovery
Income account.
Reference: Comm. 678
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-121
Vote on Bill 140: Mr. Kaneali`i-Kleinfelder moved to pass Bill 140 on first
(Approved) reading and adopt Finance Committee Report No. 121.
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 141: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 21-35 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2022
Establishes rates of compensation for appointed employees in the Legislative
Branch and the Office of Housing and Community Development, the County
Physician, Student Helpers, and Senior Community Services Aids for various
County agencies.
Reference: Comm. 679
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-122
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 141 on first
reading and adopt Finance Committee Report No. 122.
Seconded by Ms. Lee Loy.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-36 April 6,2022
MR. KANEALII-KLEINFELDER: Good discussion in committee regarding this
bill. And I did want to take just a minute to acknowledge Amanda(Ganda) from
my office for going and listening to each one of our conversations and doing a
report following each one of these items. I just wanted to take a minute to do that.
And looking over her minutes and her notes. Thank you, Chair. Appreciate the
latitude.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, all those in favor of approving Bill 141 at first reading please say "aye."
Vote on Bill 141: The motion to pass Bill 141 on first reading and adopt
(Approved) Finance Committee Report No. 122 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 145: 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 from Previous Year account($735,600);
and appropriates the same to the following accounts: Planning Other Current
Expenses ($110,000), Transfer to Sewer Fund ($55,000), Transfer to Solid Waste
Fund ($106,000), Transfer to Golf Course Fund($15,000), and Provision for
Compensation Adjustment—General ($449,600). Funds would be used to cover
the cost items agreed to between the County and the United Public Workers
Bargaining Unit 1 and employees excluded from Bargaining Unit 1, and to cover
other unanticipated costs that have arisen throughout the year.
Approve: FC-123
and
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Hawaii County Council-36 April 6,2022
Bill 146: 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 Transfer from General Fund account($55,000); and
appropriates the same to the Wastewater Salaries & Wages account.
Approve: FC-124
and
Bill 147: 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 Transfer from General Fund account($106,000); and
appropriates the same to the following Salaries &Wages accounts: Landfills
($92,000) and Pu`uanahulu West Hawaii Landfill ($14,000).
Approve: FC-125
and
Bill 148: 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 Transfer from General Fund account($15,000); and
appropriates the same to the Golf Course Salaries & Wages account.
Reference: Comm. 690
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-126
Vote on Bill 145: Mr. Kaneali`i-Kleinfelder moved to pass Bill 145 on first
(Approved) reading and adopt Finance Committee Report No. 123.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-36 April 6,2022
Vote on Bill 146: Mr. Kaneali`i-Kleinfelder moved to pass Bill 146 on first
(Approved) reading and adopt Finance Committee Report No. 124.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Bill 147: Mr. Kaneali`i-Kleinfelder moved to pass Bill 147 on first
(Approved) reading and adopt Finance Committee Report No. 125.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Bill 148: Mr. Kaneali`i-Kleinfelder moved to pass Bill 148 on first
(Approved) reading and adopt Finance Committee Report No. 126.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-36 April 6,2022
Bill 150: 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 Transfer from General Fund account($6,500); and
appropriates the same to the Homeless Taskforce account. Funds would be used to
assist with the establishment of the Weller House Transitional Housing Project
located in Ocean View.
Reference: Comm. 705
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 150 on first
reading. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion?
MR. KANEALII-KLEINFELDER: You know, this is really going to be useful
for your district, Ms. Chair.
CHR. DAVID: Yes.
MR. KANEALII-KLEINFELDER: And it was waived to Council to expedite
funding. I yield for further discussion.
CHR. DAVID: Thank you. And I would ask for my colleagues support on this
very important project. Any other discussions? Seeing none, all those in favor of
approving Bill 150 at first reading please say "aye."
Vote on Bill 150: The motion to pass Bill 150 on first reading 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.
ORDER OF The Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING: (Note: Items in this category were taken up previously, out of order.)
Page 75
Hawaii County Council-36 April 6,2022
Bill 125: AMENDS CHAPTER 4, OF THE HAWAII COUNTY CODE 1983
(Draft 2) (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
First Reading: March 23, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 125, Draft 2, on
second and final reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you so much, Chair. Just really am humbled to
have been able to work in partnership with County and community stakeholders
on ways in which we can strengthen our Code, because of the devastating vicious
dog attacks that have just happened over the last year. I especially want to
mahalo all of the testifiers and the contributors, but most especially Alicia Kekela,
Shaylene Newman, Marge, Loke; and mahalo nui, Sylvia Dolena, for bringing us
all together, and Darlene Maka`ena. Thank you very much to Corporation
Counsel Deputy Dakota Frenz, for working it out with me and making sure that
we have language that really works and for being really creative on how we
pulled this together.
Special thanks also to Prosecutor Waltjen and our Police Chief Paul Ferreira.
They showed up for multiple meetings and we really, really thought through what
is something that we can do to address this issue that ensures accountability in the
events of an attack. But there's also tools in your toolbelt to prosecute where
necessary.
So just looking for everyone's continued support. This is the second draft. There
were amendments made based on conversations. Thank you, Vice Chair Chung,
for pointing out the placement of comas and ensuring that they were accurately
presented so that there was clarity in the delivery of those penalties. But also just
more clarity around the seizure and the impoundment of animals. And so, I think
everything is crystal clear now.
This has certainly increased calls to Police Department as it relates to loose dogs
and dog attacks. So once this ordinance takes effect, please make the call. This
has also sparked other conversation around where we need to strengthen other
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Hawaii County Council-36 April 6,2022
areas of our Code especially as it relates to leash laws. So this is just the first
step. I look forward to working with our County `ohana and community partners
on continuing to educate people about this new law. So thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Richards, go ahead.
MR. RICHARDS: Thank you. And thanks, Ash, for getting this put forth. And I
really appreciate it, because it's actually a step to be proactive not reactive, which
is really important going forward. And I agree, there's a lot more work to get
done, but this is a first step.
A big shout out to police for helping out. And with the Animal Control coming
forth and having them under the police, this gives the ability for them to do a
better job and preventing people getting hurt. So definitely fully support. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Ms. Kierkiewicz, for bringing this forward. I think
what we saw is something that broke, right, with our animal control facility and
the need to enhance the law. And so I appreciate this work, because you actually
fixed the policy side, and then we also fixed the animal control side with the
shelter. And to have done that concurrently and together in these months, I think,
is amazing. So thank you for putting this forward. And I will be supporting this.
I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Thank you. I just wanted to share with you, Council Member
Kierkiewicz, I had three different community meetings last week out in the
district. And I mentioned, you know,just talking about things the Council is
doing this law and this bill, and people were really happy and just grateful that
something was being done about this. So I just want to share from my district,
mahalo, for putting this forward. It's really appreciated. Thank you, Chair. I
yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I just want to extend heartfelt
appreciation to everyone for these kind remarks. But it wasn't really just me. I
mean, it was community that said for a very long time this needs to happen. I just
feel blessed to be in a position where I could actually do something about it.
Because at the end of the day we all just want to feel safe walking in our
neighborhoods. And I think this provides that ample motivation to make sure that
you are securing your animals. So thank you everyone.
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. And actually I just want to say
thank you myself, because Ocean View in my district is like the capitol of wild
dogs. So thank you so much. All those in favor of approving Bill 125, Draft 2,
please say "aye."
Vote on Bill 125: The motion to pass Bill 125, Draft 2, on second and final
Draft 2 reading was carried by the following roll call 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.
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 Bases 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)
First Reading: March 23, 2022
Vote on Bill 128: Mr. Kaneali`i-Kleinfelder moved to pass Bill 128 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-36 April 6,2022
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)
First Reading: March 23, 2022
Vote on Bill 129: Mr. Kaneali`i-Kleinfelder moved to pass Bill 129 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 130: 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 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)
First Reading: March 23, 2022
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Hawaii County Council-36 April 6,2022
Vote on Bill 130: Mr. Kaneali`i-Kleinfelder moved to pass Bill 130 on
(Adopted) second and final reading. Seconded by Ms. Villegas and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
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 all-encompassing renovation of the Hilo Wastewater
Treatment Plant.
Reference: Comm. 649
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 23, 2022
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
second and final reading. Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: A lot of discussion revolving around this
bill, you know, in Committees. But I think at this point, most of the questions
have been answered. I appreciate everyone's support going forward.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 131 at second and final reading, please say "aye."
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Hawaii County Council-36 April 6,2022
Vote on Bill 131: The motion to pass Bill 131 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.
Bill 132: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF
(Draft 2) THE 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 $149,400,000 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)
First Reading: March 23, 2022
Vote on Bill 132: Mr. Kaneali`i-Kleinfelder moved to pass Bill 132, Draft 2,
Draft 2 on second and final reading. Seconded by Mr. Richards
(Adopted) 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-36 April 6,2022
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)
First Reading: March 23, 2022
Vote on Bill 142: Mr. Kaneali`i-Kleinfelder moved to pass Bill 142 on
(Adopted) second and final 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)
First Reading: March 23, 2022
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Hawaii County Council-36 April 6,2022
Vote on Bill 143: Mr. Kaneali`i-Kleinfelder moved to pass Bill 143 on
(Adopted) second and final 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 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 feasible study for adding buildings to the
Kulaimano Elderly Housing project.
Reference: Comm. 683
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 23, 2022
Vote on Bill 144: Mr. Kaneali`i-Kleinfelder moved to pass Bill 144 on
(Adopted) second and final reading. Seconded by Ms. Villegas and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(Note: All items in this category were taken up previously, out of order.)
REFERRALS FOR The Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
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Hawaii County Council-36 April 6,2022
Comm. 635: CHADWICK FUKUI; PENDING CIVIL CLAIM NO. 21-0036
From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 8, 2022,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, submitted by Jamae K. K. Kawauchi, Esquire,
on behalf of her client Chadwick Fukui.
Postponed: March 9, 2022
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to close file
on Comm. 635.)
CHR. DAVID: Before we take the motion, Mr. Clerk, I just wanted to make a
statement on the record that the reason there was testimony this morning
referencing Ms. Lee Loy's not recusing herself for not excusing herself. I just
want to make it perfectly clear that this matter was postponed. And so we never
had an opportunity for Ms. Lee Loy to make that statement initially. So now
we're here. Okay. Ms. Lee Loy, go ahead.
MS. LEE LOY: Yeah. Thank you for that. We did hear testimony. And thank
you for clarifying the record. I will be recusing myself. But what I do want to
also make very clear for the record is when this matter actually came up at our last
meeting, we all get confidential information within our packets. And I turned that
over to our Chair, and I also notified Judge Strance about my recusal from this
decision. And so I really did not appreciate some of the testimony that was aired
today, which actually kind of makes it challenging to have more conversations.
But I just wanted to make it very clear that I have not reviewed any of the
information nor has any of that information come before me. And Chair David
has made that clear and has directed staff to ensure that I don't see any of these
communications. So with that I'm going to be excusing myself. Thank you for
that opportunity, Chair.
CHR. DAVID: Thank you, Ms. Lee Loy. And thank you for reminding me. Yes
I did take your envelop and instruct the staff not to send you. Alright, we need a
motion—go ahead.
MR. CHUNG: I have a comment.
CHR. DAVID: Go ahead.
MR. CHUNG: You know, the company with which no I shouldn't really talk
about this too much. Should I say it in executive session?
CHR. DAVID: Maybe.
MR. CHUNG: Well anyway, the company that's mentioned here is something
that, you know, I had formed. As an attorney, I just helped to create the LLC.
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Hawaii County Council-36 April 6,2022
I'm also named as an agent for service of process. This was 18 years ago. Well
actually at that time 18 years ago, probably now like 24 years ago. Yeah, I have
no interest in that company, you know, it's just my services as an attorney to, you
know, go and inform. I'll leave it up to you. You know, I have no interest
whatsoever, no pecuniary interest in that company. But I got some real strong
feelings about this thing. I don't know if you guys want to hear them. It might be
interesting. But you make the call.
CHR. DAVID: Well, you know what, I'll defer to Council Members. What is
your fancy. Given Mr. Chung's explanation of his role or involvement many,
many years ago, how do you folks feel?
MR. CHUNG: No, I mean, it's just informing the company that is involved in
this.
CHR. DAVID: Okay. Mr. Richards.
MR. RICHARDS: Thank you, Chair. And I think that Mr. Chung should
participate. He has no financial interest. It's long time ago. And the older we get
the more involvement we have in our background. So the fact that there is no
financial gain or impact or oversight or anything, I think he can be helpful and
very accurate in helping us sort through this. So I think he should participate.
CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead.
MR. INABA: Yeah, thank you. I do support Council Member Chung being able
to participate. And for myself, I'm willing to just support the recommendation at
this point, by Corporation Counsel.
CHR. DAVID: Okay. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'm interested to hear these very strong
opinions. My interest has been peaked.
CHR. DAVID: Okay. Alright, in that case then—anyone else want to weigh in?
No. Alright, I agree. I don't believe that there's any conflict or anything that
would prevent you, and I'd like to hear what you say also. So, Mr. Clerk, we did
have a motion.
MR. HENRICKS: Motion on the floor is a generic close file right now.
CHR. DAVID: So now can somebody make a motion to go into executive
session.
MS. KIMBALL: Madam Chair, if I may?
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Hawaii County Council-36 April 6,2022
CHR. DAVID: Go ahead, Ms. Kimball.
Vote on Motion Ms. Kimball moved to enter into Executive Session in
to Enter into order to hold attorney-client privileged discussion
Executive Session: regarding Comm. 635, as authorized by Section 92-5(a)(4)
(Approved) of the Hawaii Revised Statutes. Seconded by
Mr. Kaneali`i-Kleinfelder and carried by the following
voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas,
and Chair David—7.
Noes: Council Member Inaba— 1.
Absent: None.
Excused: Council Member Lee Loy — 1.
Recess: At 1:30 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:46 p.m.
Vote on Motion Mr. Inaba moved to concur with the recommendation of
to Concur: Corporation Counsel regarding Comm. 635. Seconded by
(Approved) Ms. Kimball and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Lee Loy — 1.
Vote on Comm. 635: The motion to close file on Comm. 635 was carried by the
Filed following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Lee Loy — 1.
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Hawaii County Council-36 April 6,2022
Comm. 699: CLAIM AGAINST THE COUNTY OF HAWAI`UTHE HERTZ
CORPORATION; RENDING CIVIL CLAIM NO. 22-0001
From Claims Adjustor/Investigator Clifford D. Victorine III, dated March 17,
2022, requesting an attorney-client confidential discussion to consult with the
Council regarding the above-referenced automobile accident claim occurring on or
about April 30, 2021, submitted by the Hertz Corporation.
Motion to Close File: Mr. Inaba moved to close file on Comm. 699. Seconded by
Mr. Richards.
Vote on Motion Mr. Inaba moved to concur with the recommendation of
to Concur: Corporation Counsel regarding Comm. 699. Seconded by
(Approved) 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.
Vote on Comm. 699: The motion to close file on Comm. 699 was carried by the
Filed 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.
OTHER The Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
Page 87
Hawai`i County Council-36 April 6,2022
ADJOURN- There being no further business, at 1:50 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Richards, Villegas, and
Chair David— 8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
CHR. DAVID: We are adjourned. Mahalo, everybody.
Council Approval: MAY 1 8 2022
COUNTY
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