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HomeMy WebLinkAboutMIN PC 2022/05/31 2020-2022 Committee on Planning 25th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i May 31, 2022 CALL TO The regular meeting of the Committee on Planning was called to order at 9:01 a.m., ORDER: the Council Chambers, Hilo, by Ms. Ashley L. Kierkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Rebecca Villegas, Vice Chair (via videoconference from Kona) Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Absent& Excused: Mr. Herbert M. "Tim" Richards, III, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) CHR KIERKIEWICZ: Thank you. Seeing that there are no testifiers here this morning, I'll be closing public testimony at this time and moving on to business of the day. Mr. Clerk, if we could please start with Communication 804. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 804: NOMINATION OF ALAYNA L. KILKUSKIE TO THE KAILUA VILLAGE DESIGN COMMISSION From Mayor Mitchell D. Roth, dated May 11, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: June 24, 2022 (Section 13-4(1), Hawaii County Charter) PC-25 May 31,2022 Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Ms. Alayna L. Kilkuskie to the Kailua Village Design Commission. Seconded by Mr. Inaba. CHR KIERKIEWICZ: Aloha, Ms. Bartolome, great to see you. If you could please introduce the nominee? (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome came forward to address the members of the Committee and provided a brief narrative of the nominee.) MS. BARTOLOME: Sure, Pomaika'i Bartolome, Executive Assistant to Mayor Roth. We are pleased on behalf of Mayor Roth, to be nominating Alayna Kilkuskie to the Kailua Village Design Commission. Ms. Kilkuskie was born and raised in Kailua, Kona. She earned her Bachelor's degree in Architecture from the University of Oregon. And she is now a licensed architect offering both personal and professional contributions towards upholding the integrity of Kona's aesthetic development. If confirmed, she will serve a term ending December 31, 2024. And your favorable confirmation is requested. Mahalo. CHR KIERKIEWICZ: Thank you, Ms. Bartolome. Ms. Kilkuskie, if you can hear me, please go ahead and unmute yourself and share with the committee your interest in serving on the Design Commission. Ms. Villegas is there anyone in the Kona Chambers. Is our nominee, perhaps, there with you in person? MS. DAVID: This is Maile. No, we don't have anyone in our chambers at this time, Chair. CHR KIERKIEWICZ: Okay, thank you, Council Chair. Let's see, how about we table this. May I have a motion to table? Vote on Motion Ms. Lee Loy moved to table Comm. 804. Seconded by to Table: Ms. Kimball and carried by the following voice vote: (Approved) Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 2 PC-25 May 31,2022 CHR KIERKIEWICZ: Thank you. Next order of business please, Communication 805. Comm. 805: NOMINATION OF PALANI GREENWELL TO THE KAILUA VILLAGE DESIGN COMMISSION From Mayor Mitchell D. Roth, dated May 11, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: June 24, 2022 (Section 13-4(1), Hawaii County Charter) Vote on Comm. 805: Mr. Inaba moved to recommend confirmation of the (Approved) appointment of Mr. Palani Greenwell to the Kailua Village Design Commission. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. CHR KIERKIEWICZ: Mahalo Palani. The Council will be officially deliberating and making a decision on your nomination to this commission at our next Council meeting, which is Wednesday, June 15''. Thank you. MR. GREENWELL: Great. Thank you guys. CHR KIERKIEWICZ: Jeanette, do we have Alayna, Ms. Kilkuskie on? Okay. Page 3 PC-25 May 31,2022 Vote on Motion to Ms. Lee Loy moved to remove Comm. 804 from the Remove from Table: table. Seconded by Mr. Inaba and carried by the (Approved) following voice vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. CHR KIERKIEWICZ: Aloha, Ms. Kilkuskie, can you hear me? MS. KILKUSKIE: Yes. CHR KIERKIEWICZ: Okay, great. Aloha Alayna. Ms. Bartolome was here and kind enough to do an introduction of you, but wanted to provide you an opportunity to address the Planning Committee and share with us your interests in serving on the Design Commission. The floor is yours. (Note: At this time, Nominee Alayna Kilkuskie came forward to address the members of the Committee.) MS. KILKUSKIE: Hi everyone, sorry, I had some technical difficulties. My name is Alayna. I'm born and raised in Kona. I'm a practicing architect and I would love to contribute in any way I can to the committee and the sites of Kona town. CHR KIERKIEWICZ: Thank you, Ms. Kilkuskie. Any questions or comments from this body? MS. VILLEGAS: Yes, please. CHR KIERKIEWICZ: Vice Chair Villegas, go ahead. MS. VILLEGAS: Thank you. Hi Alayna. And it is Kilkuskie, correct? MS. KILKUSKIE: Yes. MS. VILLEGAS: Alright,just a quick pronunciation, you have a challenging last name for all of us. So great to see you. It was really amazing to see your name on this list, and it's brought joy to my heart and a real sense of intense gratitude. Thank you so much. Page 4 PC-25 May 31,2022 The same as Palani Greenwell. It's incredibly exciting to see people of our generation and peer group stepping into roles like this. You have a long career of professional service in architecture. When I worked with Kona Brewing Company, her father did a lot of construction with Kona Brewing Company and she was pivotal in much of the design for that area. And renewing the brewery block areas in Kona, which if anybody's been there recently, will note the incredible taste and foresight that was used in that adaptation of an otherwise industrial area into becoming a very pleasant storefront location. So I also know Alayna on a personal level. She's a phenomenal musician and she contributes with our youth. And during the pandemic volunteered wholeheartedly with complete service. And so, I'm just really excited to have you participating in our community in this capacity, and I'm deeply grateful for your willingness to serve, and once again, the expertise that you will bring to the Kailua Village Design Commission and visioning for the future of our village and our town. So thank you, Alayna. I yield. MS. KILKUSKIE: Thank you. CHR KIERKIEWICZ: Thank you. Anyone else? Ms. Lee Loy, you have the floor. MS. LEE LOY: Thank you. Actually, this question is for Ms. Bartolome. How are we rounding out this commission? How many vacancies do we have? MS. BARTOLOME: So, we currently have seven vacancies. So it's a committee of nine members. MS. LEE LOY: And with these two applicants, that would be a total of seven sitting. MS. BARTOLOME: Yes. MS. LEE LOY: So we're looking for two more? MS. BARTOLOME: Oh, no, no. So, we have seven vacancies. But Kailua Village Design Commission and Corp. Counsel can correct me if I'm wrong, is a little different as far as the holdovers. I believe this is the only commission that is able to hold-over the commissioners. And so, all of the members are holdovers. So it is still active, but we are actively trying to fill these vacancies. Page 5 PC-25 May 31,2022 MS. LEE LOY: How about I ask it this way. We have quorum for this? MS. BARTOLOME: Yes. MS. LEE LOY: And with the requirement of nine, we need five. We have five or more? MS. BARTOLOME: Members right now? MS. LEE LOY: Even with the holdovers. MS. BARTOLOME: So we have all nine members. MS. LEE LOY: Got it. So, we're okay? MS. BARTOLOME: We are okay. The seven members are holdovers. MS. LEE LOY: Okay. Thank you for that. I just have one quick question for Ms. Kilkuskie. I hope I said it correctly. There's a pending application in front of the board from a Ken? MS. KILKUSKIE: Oh yeah, that's my dad. MS. LEE LOY: Great. You know, Ms. Bartolome, if you could help her talk about her conflicts. And I'm certain with her professional expertise, she'll know when to put a matter down. But with that, I will be supporting her nomination and look forward to her on the board. Chair, I yield. CHR KIERKIEWICZ: Thank you. Anyone else? Okay, seeing none, we have a motion on the floor. All those in favor,please say "aye." Vote on Comm. 804: The motion to recommend confirmation of the appointment (Approved) of Ms. Alayna Kilkuskie to the Kailua Village Design Commission was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 6 PC-25 May 31,2022 CHR KIERKIEWICZ: Thank you, Ms. Kilkuskie for taking the time to be with us. The Council will be officially deliberating on your nomination at our next Council meeting which is scheduled for Wednesday, June 15th. Thank you for joining us. MS. KILKUSKIE: Thank you very much. CHR KIERKIEWICZ: Okay, Mr. Clerk, if we could please move on to the final order of business today, Communication 806. Return to Order The Chair directed the Committee to return to the order of business. of Business: Comm. 806: NOMINATION OF JOHN C. CROSS TO THE WINDWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated May 10, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: June 24, 2022 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Mr. John C. Cross to the Windward Planning Commission. Seconded by Mr. Inaba. CHR KIERKIEWICZ: Thank you. Ms. Bartolome, if you could please introduce the nominee? (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome came forward to address the members of the Committee.) MS. BARTOLOME: Sure. On behalf of Mayor Roth, it is our pleasure to be nominating Mr. John C. Cross to the Windward Planning Commission. Mr. Cross is a lifelong Hawaii resident and a graduate of the University of Hawaii at Manoa with a Master of Science and Horticulture degree. He offers extensive knowledge of Hawaii Island, and also is an active volunteer in his community. And if confirmed, he will serve a term ending December 31st, 2023. Mahalo. CHR KIERKIEWICZ: Thank you, Ms. Bartolome. We actually have the nominee herein Hilo Chambers. Mr. Cross, if you could come forward. Thank you. Introduce yourself for the record and share with the committee your interest in serving on the commission. Thank you for being here. Page 7 PC-25 May 31,2022 (Note: At this time, Nominee John C. Cross came forward to address the members of the Committee.) MR. CROSS: Thank you for having me here. I was born and raised in Hilo. I go by John C. Cross because my father was John F. Cross. And that was the reason why we separated ourselves, by the middle initial. I've worked in the sugarcane industry for quite some time. And after all the plantations closed, I was kept on as Land Manager for C. Brewer and Mauna Kea Agribusiness. And I have worked with the Planning Department,the Planning Commission, and the County Council quite a lot since then. And I've come to know many of the people in the Planning Department as friends and coworkers. I've worked with Chris Yuen, Bobby Jean (Leithead-Todd), Duane Kanuha; and of course, now Zendo. But it's been fun to work the land and know the land and educate the people about the land that we have in East Hawaii. It's a special place. And I think the more we learn about our lands, our hope, and the specialness of this property that we own, or manage, we become better stewards of the land. So going independent of a primary employer, I am an independent land planning consultant now. I now have a little bit more time on my hands and felt that I could volunteer for the Planning Commission. When previously, I couldn't allocate the time commitment to previous commissions. So I'm here now before you and I'm 65 years-of-age and my silver hair shows my experience level. But I'm interested to serve on the commission to serve the Administration, and of course, you nine people on the Council. CHR KIERKIEWICZ: Thank you, Mr. Cross for that. Opening it up to questions and comments from my colleagues here in Hilo. Anyone? Ms. Kimball. MS. KIMBALL: Thank you, Chair. Ms. Bartolome,just a quick question. Will Mr. Cross be filling an At Large seat? MS. BARTOLOME: So, he is filling the Ka`u seat. MS. KIMBALL: Okay, great. Thank you. Yeah, Mr. Cross, nice to see you. Thanks for being here today. I just had a quick question. There's a number of SMA (Special Management Area)permits going through Windward recently. And as you know, you know Hamakua very well. There are many coastal properties where there wouldn't be historical access as it were, but there are accesses to the ocean that are used by the fishing community. Your thoughts on preserving those accesses through the SMA process and what needs to be considered? Page 8 PC-25 May 31,2022 MR. CROSS: If you have safe access to the ocean and an applicant is coming before the Planning Commission, that could be required as part of the SMA approval, that they must provide for public access. And it's like State code or law that you should provide access to the ocean. And I think what has to happen is there has to be rules. So you're accessing private land; you're accessing a public resource, the ocean. But there's got to be rules involved on how you travel through the private property owner's land. And in the case of Papa`ikou, I'm very familiar with that. I'm the one who sold the land to them. And there's certain rules that have to be followed. And there's reasons why those rules are there. And I am happy that they have allowed access to the public. And others should do the same. MS. KIMBALL: Thank you for that thoughtful response. There was recently an SMA going through for Honomu, where the same kind of scenario been used for fishing for a long time. And I just want to applaud the commission at that time, they made a recommendation similar to what you're recommending, that the access needed to be maintained, even though interpreting the law around it was maybe a little foggy, but there had to be rules. And I think that that's an important part of it. So, appreciate your response on that and look forward to supporting your nomination. Thank you, John. I yield, Chair. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Anyone else here in Hilo? Mr. Inaba. MR. INABA: Yeah. Pomaika`i, could you clarify? I see on the fact sheet that the Ka`u seat expires 12/31/27. And then on the transmittal letter, Mr. Cross's term is set to expire December 31", 2023. So, is this Ka`u seat that he's filling, the one that's currently filled, or potentially was vacated by Mr. Daniele? MS. BARTOLOME: So, you're saying that the fact sheet that you're looking at has a term date for this Ka`u seat at 2027? MR. INABA: Yes. MS. BARTOLOME: Do you see on the top left hand corner, if there's a date on the fact sheet? MR. INABA: April 2022. MS. BARTOLOME: Okay, so Page 9 PC-25 May 31,2022 MR. INABA: Is Mr. Daniele no longer on the commission? Louis Daniele III? MS. BARTOLOME: So Mr. Daniele was just recently confirmed. So the Ka`u seat was held by Mr. Replogle and that seat vacated on 2021. MR. INABA: And then it was filled by Ms. Galimba. Is that right? According to the fact sheet, we have a Ka`u seat and an At Large seat. MS. BARTOLOME: Ms. Galimba is in the At Large seat. And then the Ka`u seat is going to be filled by Mr. Cross. You know what, I have to check on that because, yeah, I do see the term date ending 2023. I don't want to say anything incorrect right now. So, I'm just going to say that I'm going to do a little bit of research on that. So what you're saying is, his term date should be 2027 instead of 2023. MR. INABA: If Mr. Daniele was just confirmed then that seat is not vacant, then I'm not sure which seat Mr. Cross is filling, because the Ka`u seat is currently filled if Mr. Daniele is there. MS. BARTOLOME: Okay. Yeah, let me find out. MR. INABA: Okay. MS. BARTOLOME: Can I see that fact sheet? MR. INABA: You can have my phone. It's the one uploaded right now. CHR KIERKIEWICZ: Mr. Inaba, any questions for Mr. Cross? MR. INABA: Mr. Cross, I don't have any questions. Thank you for your willingness to volunteer and serve the community. And I know you have a lot of background in land use and with, like you said, more time on your hands now, you might lend some of your experience to serve in the County and the people here. So mahalo you for that. CHR KIERKIEWICZ: Thank you, Mr. Inaba. Going to check in with Kona to see if any folks have any questions for the nominee. Kona can you hear me? I just want to do a quick mic check. MS. DAVID: Yes, we can hear you, Chair. And we're just kind of waiting to hear what the response would be to Council Member Inaba's questions. CHR KIERKIEWICZ: Okay, perfect. I just wanted to make sure because Mercury's in retrograde and sometimes our systems (inaudible). Thank you. Ms. Bartolome. Page 10 PC-25 May 31,2022 MS. BARTOLOME: So, that fact sheet, Dean Au's seat is termed out. What's the term date on Dean Au? MR. INABA: At Large, South Hilo, 3/31/24. MS. BARTOLOME: Okay, so I need to find out. Yeah, Dean resigned because of relocation. CHR KIERKIEWICZ: Mr. Chung, you have your light on. MR. CHUNG: Yeah, first of all, you know, I support Mr. Cross's nomination. And thank you very much. I know you must have reached out to each of the Council Members. I got a message from my office, but I was away on the mainland. So, I do apologize for not getting back to you. But you know, you have a good reputation in this community. But you know, I have a question too, you know, relating to this. And I don't know how, you know, all of these things meld into one another. But on the information sheet that we have from Mr. Cross, it says Council District 1. So unless there's different districts for the Planning Commission, how does that work? Anybody can answer that? I don't know. I was kind of surprised when I heard that he's representing the Ka`u District, but there must be some explanation for that. So, can somebody explain? One thing at a time, I guess, yeah? CHR KIERKIEWICZ: Ms. Bartolome, did you want to address Mr. Chung? Or I'll even call up our Corporation Counsel to see if she can weigh in on the nature and makeup of the commission. MS. BARTOLOME: I mean, if it's okay to take a recess? And then that way I can get some information for you. If that's possible? It'll take me maybe five minutes. CHR KIERKIEWICZ: Okay, to clear up which seat? Mr. Cross is being nominated to. I think we're all pretty clear on this being judicial districts for the commission nomination. Okay. So, we're going to take a ten-minute recess, where we'll convene at 9:41 a.m. We're in recess. Recess: At 9:31 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:41 a.m. Page 11 PC-25 May 31,2022 CHR KIERKIEWICZ: Mics are live, I'm calling the Committee of Planning out of recess. We're back in session. Ms. Bartolome, if you could clarify for my colleagues and members of the public, which seat Mr. John C. Cross will be filling potentially on the Windward Planning Commission? MS. BARTOLOME: Yes, so, Mr. Cross will be filling Mr. Au's seat, which is the At Large, South Hilo. Mr. Au resigned recently from that seat, and so Mr. Cross will be filling that seat. CHR KIERKIEWICZ: And Mr. Cross will be fulfilling the remainder of the term, which ends in 2023? MS. BARTOLOME: Correct. So and just to clarify, anytime anyone is filling a resignation, they have to fill that term. CHR KIERKIEWICZ: Correct. So it could be two months, it could be two years. But whatever is remaining in the term. MS. BARTOLOME: Correct. CHR KIERKIEWICZ: Okay. Great. Any questions or comments for Ms. Bartolome on the seat that Mr. Cross is being nominated to fill? Mr. Inaba. MR. INABA: Thank you. Just to confirm that Mr. John C. Cross's nomination and his location was confirmed with Elections in the South Hilo District. Is that right? MS. BARTOLOME: Yes. MR. INABA: Okay. And then,just for the record, too, can you explain or just say on the record, about the change of the expiration date again? MS. BARTOLOME: Yes, absolutely. And first of all, I just want to apologize for that oversight. And I'm not going to make any excuses. But you know, it was a long weekend, but thank you for your grace. I'm glad that, you know no one's perfect. And so, thank you for understanding. So the term dates initially, when the commissioners were filling the terms, they were ending in March. And so, Mr. Au's original term date was scheduled to term out March 31", 2024. But to avoid ending it in March, and for everyone having consistency—all the commissioners having a consistent term-ending date, we pushed all of the commissioners that I was filling to end in December of whatever year they're terming out,their staggered terms. Page 12 PC-25 May 31,2022 So the board secretary at Corp. Counsel decided that it would be more appropriate to lose three months to a term rather than adding nine months to correct the term. So I believe Mr. Cross filling this vacancy will be the last member that we'll be adding to the consistency of the term dates all ending in December. MR. INABA: Thank you. And then perhaps just a recommendation if we can maybe get an updated transmittal letter, because unless people watch this proceeding, they're going to think that he is filling this Ka`u seat, or we're not sure what seat he's filling. So, yeah, I don't know,just a suggestion. Thank you, Chair. CHR KIERKIEWICZ: Thank you. Ms. Bartolome, is that something you can facilitate? And update a transmittal. And I think going forward for these seats, if they're fulfilling a particular district, whether it's Council or Judicial. Just stating that so everyone is really clear. Thank you. MS. BARTOLOME: Okay sure. Yes. Thank you. CHR KIERKIEWICZ: I want to check in with Kona to see if there are any questions or comments for the nominee or Mr. Bartolome. MS. DAVID: Thank you, Chair Kierkiewicz. I just wanted to say Aloha to Mr. Cross and thank him for his service. And for reaching out, Mr. Cross, and I've known you several years and have worked with you. And I appreciate your background and the fact that you have so much knowledge about—even though you're being appointed in the District of South Hilo, you have so much knowledge about the history of Ka`u. And for that I really appreciate you and what you've actually graced me with in our relationship over the several years I've been on the Council. So I just wanted to thank you for your service and also just to make a note that you know, there were some concerns expressed in some of the emails; a couple, two or three emails regarding your nomination, but I believe that you will be very mindful of those things—you're not aware of those things. I know you are, and then I trust that you will move forward in a fair and just manner as you have expressed in the past. So, I'm going to support your nomination and I want to thank you again for your service. Mahalo Chair, I yield. CHR KIERKIEWICZ: Thank you. Anyone else? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today, Mr. Cross. Thank you, Ms. Bartolome, for clearing up some of the confusion we had earlier. Mr. Cross, I'm looking over your information that was provided to us. It's very clear you have a very extensive knowledge of this island in particular. Page 13 PC-25 May 31,2022 I mean going back to some of the subdivisions in my area were created post-Statehood or just right after Statehood. But it looks like from your history, you may have actually been around and seen that process occur, which is very interesting to me. There's a great depth of information there, I believe you'll be pulling from. One thing that you said in your introduction was that you had worked with Mr. Kern in the Planning Department and you are a—what is your, what do you do right now? I don't want to state what's here. I don't know if this is confidential or not. MR. CROSS: I'm an Independent Land Consultant. And Resource Land Holdings is doing a project unit development in Mo`oula, Ka`u. And they have hired me as a land consultant to assist in the PUD (Planned Unit Development), or getting the lots created. It's completed and we're now selling the land to the coffee farmers. Zendo was a Land Consultant to Resource Land prior to his being nominated as Planning Director. So, I was working with Zendo with the PUD at Mo`oula. That's how I know Zendo. MR. KANEALI`I-KLEINFELDER: Okay. The reason I'm asking is, you know, with Zendo's confirmation, I mean anyone he worked with or that, you know, paid for his services, if he was to come back later and vote, you know, as a Planning Director or moved something ahead for that entity, whatever it might have been, there's a conflict of interest. And so with you with your extensive background, the one thing I do worry about is any conflicts of interest that may arise with your ability on the Windward Planning Commission to make land use decisions, but also with your very extensive background. So that would be a concern I would raise now, I think a valid concern in my eyes. Can you speak to that? MR. CROSS: Yeah, if things come before the Planning Commission that I have had direct action and influence with, I would have to disclose that. And I do, you know, I have worked for Richard Ha, I've worked for Resource Land, I've worked for Richard Alderson. A bunch of different landowners. You know, and if they come before the Planning Commission with some subdivision, I'm going to have to say that I have helped them; I have worked with them. I have extensive knowledge of the land, and I have pretty good knowledge of Code; you know, Chapter 23 and Chapter 25 specifically. And people have to follow the rules. And I will support those rules or codes. But then also just disclosing to rest of the Commission and to the Council that I have had employment with that applicant, I think is enough to that I have given notice that I have had, you know,previous influence or conflict. Page 14 PC-25 May 31,2022 MR. KANEALI`I-KLEINFELDER: Okay, thank you. Yeah, it's clear, and I'm saying that because in the end it may remove you from making decisions for any entities you've worked with before. And that kind of lessens your ability as a planning commissioner to make decisions on all matters that come before you. And that's really the concern, yeah? Thank you for being so clear with that and for offering that to us. I appreciate that. Ms. Bartolome, something you said caught my interest as well. The terms, I mean these terms are set by Charter, right? But, from what I'm hearing, there was an adjustment to the dates on all their expirations or the term limits. And that caught my attention and it seems peculiar that we're adjusting the term limits, unless I'm missing something in what you said. But I mean, there's specific guidelines for when we bring people on to a commission, and they're for a set period of time. I want to make sure that we're following the Charter. Are we adjusting dates? MS. BARTOLOME: So, I'm just going to say for the record that I'm not a policy maker. I understand what it is that you're trying to convey. I think this is a Corp. Counsel question. So if you feel that it's appropriate for Ms. Strance to come up here and clarify your question or have a response for you, because that's something that I'm not sure, but we did work with Corp. Counsel. I worked specifically with an attorney to clarify adjusting the dates so they could all be consistent. And as far as anything else I'm not sure. But I did take counsel from the attorney. MR. KANEALI`I-KLEINFELDER: That's good, that's good. Ms. Strance, I saw you open the Charter when she was speaking. I just want to check in with you and make sure that what I heard today was accurate and following the Charter. And Mr. Cross, sorry to have you up here and have you go through this. But it was interesting and caught me a little bit, and I wanted to check in with our Corp. Counsel. Thank you, Ms. Bartolome. Did you understand my question, what I was getting at? Thank you, Ms. Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Aloha and good morning. Elizabeth Strance, Corporation Counsel. I'd like to get back to you on this. The Charter, Section 13-4(a)talks about staggered terms. So I'm not sure whether and how the terms were set. I can see as a matter of clarity, that a Commission would want set dates, in that the terms don't get tied into confirmation, that they be set terms. So I don't know what the practice had been or what was moved to. My understanding is that this was discussed with one of our deputies. I would understand the reason for it, but I would want to also go back and talk with that Page 15 PC-25 May 31,2022 deputy and have a little bit more background and context before I would say anything different. MR. KANEALI`I-KLEINFELDER: Agreed, agreed. If you could do that. Yes, please? And I think some of the reasoning there, too, is to make sure those staggered terms continue through Administration. So it's not one Administration setting Commission Members for any certain commission and them all expiring at the same time. And there's a continuity that's created by doing that in that process, in my eyes. MS. STRANCE: I don't think that's what's happening, because they're not changing number of the years then staggering. It's bringing some uniformity to the date, so that positions roll over the same time each year, not the actual terms themselves. But I will get back to you if there's anything. Well, I'll get back to you one way or another. MR. KANEALI`I-KLEINFELDER: Appreciate it. Thank you, Ms. Strance. Okay Chair, I have no further questions. Thank you very much. CHR KIERKIEWICZ: Thank you. Mr. Chung. MR. CHUNG: Yeah, my questions were along those lines, actually. And so if I could just ask Pomai or whomever is in charge of this, if you could send to the Council via an official communication, all the boards that may have been subject to these types of adjustments, because it could be that the Council needs to at least ratify those actions. Because I don't think, and I could be wrong, that the Administration cannot unilaterally adjust things that have been approved by the Council. Because it's going further than what the Charter has provided, but I'm not too sure. See I don't know, because I'm not really researching this thing on the fly. So if you could just send us something telling us all of the adjustments that have been made, not just for this Commission, but for all, if any? And that's all, and we can kind of look at it and discuss it at that time. Yeah, thank you. CHR KIERKIEWICZ: Thank you, Mr. Chung. Ms. Kimball. MS. KIMBALL: Yeah, thank you, Chair. Judge Strance, I'm looking at Section 13-4, Boards and Commissions, Section (e), "Any vacancy occurring in any board or commission shall be filled for the unexpired term." That would imply to me that it has to fill the full term for which the original appointment was made. Would you interpret it the same way? MS. STRANCE: Thank you. Elizabeth Strance. Yes, I don't think we're talking about changing the length of the terms. I think what we're talking about is whether there was standardization as to what those terms are. Like, your term is from a certain date to a certain date. You know, with Commission Members, it Page 16 PC-25 May 31,2022 may be the same thing, but then the question is with the effective date and how you calculate the length of that term. So, like I said, I'd like to look into it a little bit further, but I hear what you're saying. MS. KIMBALL: I mean, Mr. Au's term expiration date is specifically defined as March 31, 2024. So that to me would beI would, again I'm not an attorney, I would interpret that as that's the expiration of the term and therefore, Mr. Cross's term should actually not end in December, but should go out to the 31 st MS. STRANCE: Understood and we'll have something to you before the next reading of the nomination. MS. KIMBALL: Thank you. I also want to just take a moment to thank Mr. Au for his service on the Planning Commission and his service as Chair. We appreciate his contribution to the community. Thank you. I yield, Chair. CHR KIERKIEWICZ: Thank you. Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I actually think Ms. Kimball is right. And it's been my experience, you fulfill the term if someone vacates it. And then you get an opportunity to have your own term. It's pretty simple. However, I think we stepped away from the applicant. I will be wholeheartedly supporting your nomination to this board and look forward to forwarding your nomination to the Council. I think the Council, and the Administration, and Corporation Counsel has some other conversation that we have to have. But I've known Mr. Cross for probably 25 years. His work across the entire island has been extensive and focused on Ag. I think that incredible skillset that he brings as it relates to Ag and Water, and water uses throughout all of our island will be incredibly beneficial to this board and commission. I've known him to participate in Conservation District Use Application, SMA, Change of Zone Applications, EA (Environmental Analysis), EIS (Environmental Impact Statement). We have an incredible candidate today. And I look forward to confirming that expertise on a very important board and commission that we have here in our County. So Mr. Cross, thank you for advancing your name. I really do appreciate you, as Mr. Inaba said and you said, having a little extra time on your hands and being able to give back to community. Thank you Chair, I yield. CHR KIERKIEWICZ: Thank you. Anyone else. Questions, comments? MR. INABA: Chair, real quick. Page 17 PC-25 May 31,2022 CHR KIERKIEWICZ: Yes, Mr. Inaba. MR. INABA: I just want to—we've had a lot of discussion. Just to clarify, so for the next meeting, we'll hear from Corporation Counsel regarding the term adjustments. But then, we would still like the letter, the correction of the transmittal regarding what seat is being filled, as well. JustI know we had a lot of talk, so MS. BARTOLOME: Yeah. And if I can say real quick, so it's not necessarily a correction. It would just be specifying or clarifying the seat that Mr. Cross is filling. MR. INABA: Perfect. Thank you. MS. BARTOLOME: Yeah, thank you. CHR KIERKIEWICZ: I was going to recap that. Pomai,just a little recalibration there. Yes, specifying what seat Mr. Cross is going to fill. But I think there was also some dialogue here on the Council, because Mr. Au's position, the term was until March 2024. This transmittal says December 2023. And so we want to make sure that we're really clear as to how long Mr. Cross is actually going to be serving. And I think Judge Strance is going to be taking a look into that. Okay, so there's that, and then I don't know if we should probably have a separate communication about what sort of adjustments the Administration has made related to terms of service for boards and commissions. Okay, thank you. Mr. Cross, thank you for your patience in bearing with us here. We want to make sure that everyone is crystal clear in terms of, you know, your commitment to this seat. I think I met you in my former life when I was working with Hastings and Pleadwell. I can't even remember how or why, but I just remember being so incredibly impressed by your extensive knowledge of land use and planning, and just commitment to community. What really struck me in your remarks is when you talked about, you've got to work the land to know the land. And that really resonated with me. I think you're going to bring really valuable mana`o to this seat. And I just think that you're a man that really is not just very sensible and thoughtful, but operates with a lot of integrity. So, thank you for making time to give back in this way. We have a motion on the floor. All those in favor, please say "aye." Page 18 PC-25 May 31,2022 Vote on Comm. 806: The motion to recommend confirmation of the appointment (Approved) of Mr. John C. Cross to the Windward Planning Commission was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz—7. Noes: Committee Member Kaneali`i-Kleinfelder— 1. Absent: Committee Member Richards— 1. Excused: None. CHR. KIERKIEWICZ: Mr. Cross, we will be deliberating your nomination as a full Council at our next meeting, which is June 15th. Thank you. Mr. Clerk, that brings us to the end of our agenda. May I have a motion to adjourn? ADJOURN- There being no further business, at 10:03 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair Kierkiewicz— 8. Noes: None. Absent: Committee Member Richards— 1. Excused: None. CHR. KIERKIEWICZ: Planning Committee is adjourned. Mahalo. Approved: NV./ 2022__ Ms. Ashley L. Kierkiewicz, Chair (Date) Planning Committee AK/dt Page 19