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HomeMy WebLinkAboutMIN PWMTC 2019/03/12 2018-2020Committee on Public Works and Mass Transit 3rd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 12, 2019 CALL TO The regular meeting of the Committee on Public Works and Mass Transit ORDER: was called to order at 11:20 a.m., in the Council Chambers, Hilo, by Ms. Susan L. K. Lee Loy, Chair. ROLL CALL: Present: Ms. Susan L. K. Lee Loy, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair (came in later) Ms. Karen Eoff, Member, Member Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Ms. Ashley L. Kierkiewicz, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (came in later) Absent & Excused: Ms. Valerie T. Poindexter, 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. LEE LOY: With that, I'm going to close public testimony for this meeting. Just to manage expectations, we have an agenda in front of us, and I'm going to reorganize that a little bit, because I want to take some things out of order. So, just for my colleagues, we'll be taking Bill 38 first; Bill 39, at which time I will put the meeting in recess and then turn the meeting over to my Vice Chair, Mr. Kaneali`i-Kleinfelder; and then we will take up Resolution 92-19. If I see no objections, Mr. Clerk Bill 38. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following item was taken out of order: BILLS FOR The Chair directed the Committee to proceed to the next order of business, Bills ORDINANCES: for Ordinances. PWMTC-3 March 12, 2019 Bill 38: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-257, Schedule 5 (35 mile per hour limit), Subsection (c), South Hilo, by revising an existing listing for a portion of Kukuau Street. Reference: Comm. 156 Intr. by: Ms. Lee Loy (B/R) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage of Bill 38 on first reading. Seconded by Ms. Kierkiewicz. (Note: Comm. 156. 1, from Committee Chair Sue Lee Loy dated March 6, 2019, transmitting proposed amendments to Bill 38, was circulated.) CHR. LEE LOY: We have with us, Mr. Yamamoto. If you don't mind coming forward. I think this is rather straight forward. We're changing the speed limit signs in this area. Mr. Yamamoto. (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Committee.) MR. YAMAMOTO: Good Morning, I'm David Yamamoto, Director of Public Works. CHR. LEE LOY: Why don't you go ahead and explain this to our colleagues, thank you. MR. YAMAMOTO: Okay, our Traffic Division was requested to evaluate the speed limits along Kukuau Street. Upon them completing their inspection and review of the segments involved, they determined it was appropriate to reduce the speed limit in the location on the makai side where the homes are more—have smaller lot sizes, and the road widths are where it was conducive and appropriate to reduce the speed limit due to the congestion of the development. CHR. LEE LOY: Thank you, Mr. Yamamoto. With that, any questions from my colleagues? I do have in our file, Communication 156.1, which I would like to amend Bill 38 with the contents of Communication 156.1. I'll need a second. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 38, with the contents of Comm. 156.1. Seconded by Mr. Richards. CHR. LEE LOY: I'll go ahead and lead the discussion on this. This actually, Communication corrects some citation errors within the contents of Bill 38. So, looking at Communication 156. 1, we've amended the section which was Page 2 PWMTC-3 Vote on Motion to Amend: (Approved) Vote on Bill 38: Draft 2 (Approved) March 12, 2019 identified as 24-256 to be 24-257. And then clarified Kukuau Street. Mr. Yamamoto, any comments? MR. YAMAMOTO: No comment. CHR. LEE LOY: Ms. Villegas. MS. VILLEGAS: I'm sorry, I just have a quick question. When you said this had to do with citations? CHR. LEE LOY: It's the section of the Code that they used. They provided the wrong section. MS. VILLEGAS: Okay, gotcha, that kind of citation. Thank you. Not a traffic citation. CHR. LEE LOY: Although we are talking. Hearing no further discussion, we have a motion to amend the contents of Bill 38 with Communication 156.1. All those in favor. The motion to amend Bill 38, with the contents of Comm. 156. 1, was carried by the following roll call vote. Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Chair Lee Loy — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR. LEE LOY: Now to the main motion. Bill 38, as amended, all those in favor? The motion to recommend passage of Bill 38, as amended to Draft 2, on first reading was carried by the following roll call vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Chair Lee Loy — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. Page 3 PWMTC-3 March 12, 2019 CHR. LEE LOY: Thank you. Mr. Clerk, could you please read in Bill 39? Bill 39: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-256, Schedule 4 (30 mile per hour limit), Subsection (c), South Hilo, by adding a new listing for a portion of Kukuau Street. Reference: Comm. 157 Intr. by: Ms. Lee Loy (B/R) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage of Bill 39 on first reading. Seconded by Ms. David. CHR. LEE LOY: Again, Mr. Yamamoto, any comments on Bill 39? MR. YAMAMOTO: No comment. CHR. LEE LOY: Any discussion? Chair Chung. MR. CHUNG: Thank you. David? MR. YAMAMOTO: Yes. MR. CHUNG: What would be involved in reducing this further to one 25 mile -an -hour speed limit? Is that—are there any standards for 25 mile -an -hour speed limit areas? You know why, that—some residents of that area have been actually asking for speed humps, and I've been trying to dissuade them, yeah? MR. YAMAMOTO: Yeah, I believe that particular street wouldn't qualify for what we have for what we have for typically MR. CHUNG: For 25? MR YAMAMOTO: Well, for more that type of roadway. I can defer to our Traffic Division that can speak to the speed limits and speed humps. MR. CHUNG: I mean, I'm not saying that, you know, that's the way we should go, but I just want to know what kind of considerations there are when you determine appropriate speed limits. Because it's such a short stretch of a drive. You know, I don't think it's going to inconvenience anyone to go 25 miles -an - hour. It's only about, like 150 meters, maybe. (Note: At this time, Traffic Division Chief Aaron Takaba came forward to address the members of the Committee.) Page 4 PWMTC-3 March 12, 2019 MR. TAKABA: Hi, Aaron Takaba from the Traffic Division. When we got to the request, we did a traffic study, and then we determined the appropriate speed in that area was 30 in the lower section and 35 in the upper section. MR. CHUNG: So, 25 would be too slow? MR. TAKABA: Yeah, it'll be too slow, and the cars probably won't be driving at that speed. Because when we found the 30 and 35, that was what we considered the safe speed in the area. MR. CHUNG: Okay, alright. Or if it doesn't work then we can always revisit, I suppose. MR. TAKABA: Yeah, sure. MR. CHUNG: Okay, alright. Thank you, Aaron. MR. TAKABA: Thank you. CHR. LEE LOY: Mr. Chung, you yield? MR. CHUNG: Uh-huh. CHR. LEE LOY: Any further discussion? Hearing none, oh, Mr. Kaneali`i-Kleinfelder, you have the floor. MR. KANEALI`I-KLEINFELDER: It seems like from the last one, we just looked at Bill 38. We're looking at Bill 39. We got the same section being quoted. Are we looking to change the Section, Division 1 Section 24-256 to 257 as well on this? MR. HENRICKS: No, this one is correct. MR. KANEALI`I-KLEINFELDER: This one's correct? MR. HENRICKS: As far as our review. Yes, it's fine, good shape. CHR. LEE LOY: Any further discussion? I just have one quick question, Mr. Yamamoto. How long does it take to change out the current speed limit signs and provide the new one? MR. YAMAMOTO: That, I would have to ask our Traffic Division, who would be scheduling in the work. Page 5 PWMTC-3 March 12, 2019 MR. TAKABA: Well, it depends on our schedule, but when we do mark the sign locations, we have to do what's called the one -call, and we check the underground utilities. So, that takes at minimum, a week. So maybe to be safe, within two, three weeks, we can get it installed. CHR. LEE LOY: Are there outstanding speed limits or other signage that needs to be placed on our roadways? And I specifically ask this question, because a year ago, I passed a one-way traffic pattern down in Keaukaha, and our community policing officer has wanted to ticket those driving on that particular stretch of road, but he cannot because there's no appropriate signage. MR. TAKABA: Okay, which street is this for? CHR. LEE LOY: This is near Kealoha Beach Park. We changed the traffic pattern to help address: One, speeding through that park. So, if you guys could check on that. MR. YAMAMOTO: That segment you're speaking about is actually, yeah, Park property. CHR. LEE LOY: There's the park, and the park has boundaries, but it's the road after the park that we changed. And I'll have staff provide you with the ordinance number, and then you guys can look into it. But, if we could please be better at putting the sign up. I don't think it should take a year. MR. TAKABA: Okay, we'll look into it. CHR. LEE LOY: Thank you. With that, I think the motion on the floor is to approve Bill 39 and provide a favorable recommendation to the Council. All those in favor? Vote on Bill 39: The motion to recommend passage of Bill 39 on (Approved) first reading was carried by the following roll call vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Chair Lee Loy – 8. Noes: None. Absent: Committee Member Poindexter –1. Excused: None. CHR. LEE LOY: At this time, I'm going to pursuant—well, what I want to do is place this meeting in recess. Our next communication, the applicant will be appearing by telephone, so I want to place this meeting in recess, at which time, when we come out of recess, I'm going to be relinquishing the Chair to my Page 6 PWMTC-3 March 12, 2019 Vice Chair, pursuant to Rule 5-6. And then let Mr. Kanealii-Kleinfelder take us through the rest of the meeting. So with that, motion to recess. Recess: At 11:33 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:40 a.m. CHR. LEE LOY: To my colleagues, I'm going to take us out of recess. As I shared before going into recess, at this time pursuant to Council Rule 5-6, I will be relinquishing the chair to my Vice Chair, Matt. Kanealii-Kleinfelder. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Kanealii-Kleinfelder. ACTING CHR KANEALII-KLEINFELDER: Thank you, Council Member Lee Loy. Please let the record reflect that I have assumed the Chair. I'm going to jump right to, Mr. Clerk, Resolution 92, please. Return to Order The Chair directed the Committee to return to the order of business. of Business: ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 92-19: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3 -6(b)(3),3 -58(b), 3-58(c), AND 3-60(a), HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW TWO WALL SIGNS AND TWO DIRECTIONAL SIGNS ON 75-146 SARONA ROAD, TAX MAP KEY: 7-5-007:009 (ZONED "U" CG -20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) Grants a sign variance to Kona Hospitality for two wall signs and two ground directional signs for the Holiday Inn Express and Suites. Reference: Comm. 155 Intr. by: Ms. Lee Loy (B/R) Motion to Approve: Ms. David moved to recommend adoption of Res. 92-19. Seconded by Ms. Villegas. (Note: Comm. 155. 1, from Council Member Sue Lee Loy dated March 8, 2019, transmitting proposed amendments to Resolution 92-19, was circulated.) ACTING CHR KANEALII-KLEINFELDER: Discussion please, Council Members? Page 7 PWMTC-3 March 12, 2019 MS. LEE LOY: Thank you. Council Members, what we have before us is a resolution that has been sitting around this body for five years. And so with that, I actually want to call forward Mr. Yamamoto, and then Mr. Erickson to provide us kind of a brief history or summary of where we are on this particular application. (Note: At this time, Public Works Director David Yamamoto and Building Division Plans Examining Manager Neil Erickson came forward to address the members of the Committee.) MR. ERICKSON: Good Morning Council, I'm Neil Erickson from the Building Division of the Department of Public Works. And I think I've met everybody here except for maybe Rebecca. MS. LEE LOY: And for the record, I want to reflect that Fritz Harris -Glade, the applicant of this sign variance is on the line with us. So, Mr. Harris -Glade, if you don't mind introducing yourself. (Note: At this time, architect Fritz Harris -Glade, representing the applicant, via teleconference, addressed the members of the Committee.) MR. HARRIS -GLADE: Certainly, my name is Fritz Harris -Glade. I'm an architect in Kailua-Kona. MS. LEE LOY: Mr. Yamamoto or Mr. Erickson, would you please help provide this body with a brief history of this particular application and what we're trying to move forward? MR. ERICKSON: I think that I can probably help. It looks to me like an application was submitted to the Building Division as early as early 2014, which was forwarded on to the KVDC (Kalua Village Design Commission) for review. The KVDC returned it to Public Works saying that it was inconsistent with—the application was inconsistent with what was provided to them. And so, it went back, and about six months later, they reviewed it again, around November of 2014. And again, the same comments occurred, and so it was referred back to the Building Division. The Building Division at that time was requested to forward this on to County Council for a variance, which happened in early 2015. And that was reviewed by the County Clerk, and I believe in the application, it indicated that there was an approval, and Mr. Fritz Harris -Glade can illuminate us on that because I don't see an approval by either KVDC or from this Council for a variance. So it went forward and the County Clerk returned it to us, with again discrepancies in the application, the variance, as well as the resolution. And so, this dragged on until 2017 when I started to get involved, when the director at that time was asking me to figure out how this is going. And so I became more Page 8 PWMTC-3 March 12, 2019 acquainted with the architect, Fritz Harris -Glade. And so at that point, we were corresponding. And Fritz maybe you can remind me if that was when you ended up on the hospital; but again, it went another six months or so before it came before this Council, and the same issues were identified by the County Clerk, who's here today, with some inconsistencies in the application, the variance, and the resolution. So, this went on until 2018 when again, the plans even as early as two days ago, came back that reflect the variance application today to some degree. But, what you have in your package doesn't match what's in the application. In other words, the number of signs shown for the ground and wall signs are—maybe partially printed, or one of two pages, I'm not sure. And I brought along the set that the applicant sent me other day. But—and again, I don't know if this has actually been through KVDC; whether it's been a positive recommendation or comments. So, I'm going to have to defer that to the applicant because I actually don't know and I've only been involved in the Public Works' side since it was forwarded to me. MS. LEE LOY: Mr. Erickson, why don't you provide us a processes, as this particular application had to go through? We have some freshmen colleagues. I'm not sure if they understand what KVDC is or what their function is. So, why don't we really keep it simple about what a particular sign variance process is and this extra special layer that's required for a sign variance in the Kailua Village area? MR. ERICKSON: Gotcha. So, for those of you who are new here or are not familiar with the sign variance process, let me start off by telling you a little bit of what's required for a sign permit. Sign permits are based on the zoning; the frontage of the lot. In other words, the longer the frontage, the bigger the sign can be and the wall area where the sign can be placed. So, in certain districts, such as the Kailua Village, they have a design board, also similar to the Pahoa Design Board, right? So Pahoa Village also has criteria that is different than the rest of Chapter 3. And they have more stringent requirements than the rest of Chapter 3 for signs. They look at not only maximum size, but the actual size of the letters. So, in most cases, they're trying to create a pedestrian type of environment where the signs are smaller, the lettering is smaller, and they are not meant to be big or billboards by any means. Because signs certainly can be very large under our County Code. If it's 150 square feet or 15 percent of the wall area or the storefront, so, they can get rather large. In addition to that, signs can be—you can have two per each frontage, right? Road? And they have to be different. In other words, you can have a wall sign and a marque sign, but if you place a sign on the edge of the fascia as well as one hanging underneath the awning, those are both considered marque signs. So, you're not allowed to have two. So, this is very much misunderstood everywhere, Page 9 PWMTC-3 March 12, 2019 and I assume that there's hundreds or thousands of permits—signs that are up without permits. So, what happens if this goes to our attention for a sign permit and it doesn't meet this criteria? We look at it and make a recommendation for denial or let them know what needs to be done in order to come into compliance. When it's in a special design district such as Pahoa or the Kailua Village District, it'll be forwarded to that committee, the KVDC, the Kailua Village Design Commission, would look at an application based on their criteria and make a recommendation for approval or denial, or comment on what could be done to make it come into compliance and its forwarded back to the Building Division. At that time, the applicant may say, "We would like to seek a variance from this Code," which means from the recommendation from Building Division or one of the design review districts. And it goes through the process of creating a resolution, which you would look at today and request for a variance. So, it's attached to the application. The resolution, request for variance, all these should match along with the drawings, and they're forwarded on to the Clerk for consistency and review. And at that time, if everything looks fairly good, it'll be forwarded on for your attention. And the criteria for deciding whether or not you approve or deny a sign variance is in our Code, but I don't think it has been looked at consistently over the years. Because frankly, most County Councils that I've come to that look at sign variances pretty much rubberstamp every one of them. We don't have any people testifying today, so you can only assume that no one has any objections. We don't endorse these, they don't meet the Code. And I don't think anybody from our department or any of the design review committees would say, "We endorse a variance." So, criteria for you might be, does it affect the neighbors; is it unusual circumstances, or does it meet the intent of the Code, right? So, if they can meet all three of those, then certainly perhaps you can grant a variance. But generally, all of these people have the options to make smaller signs, and they'll be consistent and fair with everybody else that has one reviewed. So I don't mean to lecture you about how you'll make a decision, but you asked me the process. MS. LEE LOY: Thank you for that process. So I think I want to walls back to this particular resolution, and then you mentioned some of the criteria for the resolution along with certain exhibits or attachments that would be required, right? You mentioned a favorable recommendation or some type of clearing house letter from KVDC, along with site plan approval which notates where the signs are. Is that accurate? MR. ERICKSON: Let me make it clear though, that we wouldn't be here if it had a favorable recommendation by any of the—KVDC in this case or the Building Division. And there would be no variance requested. Page 10 PWMTC-3 March 12, 2019 MS. LEE LOY: My question was, when this type of resolution comes to this body for review and consideration, some of the attachments could include a recommendation from KVDC and a site plan which notates where the signage will be placed. MR. ERICKSON: I'm sorry, that is correct. And in this case, it appears as though the electronic transmittal of the drawings didn't get printed out in the format that were submitted by the applicant, so they don't look correct in the application you have. But, you're absolutely right. MS. LEE LOY: So, my question is, do we have a complete and factual policy in front of us that this body can adopt? MR. ERICKSON: I think the exhibit that you have before you is not complete and that's why the applicant sent me a more complete version. And I brought along to share, but it's not in a form that you can photocopy or share. So, I'm not sure it's ready to be reviewed at this time, and I think the applicant is going to request this be deferred so that the owner can be attending this body, and preferably in Kona where we can have more testimony. MS. LEE LOY: I heard a lot of words, but I heard "No." MR. ERICKSON: No. MS. LEE LOY: This application is not complete. MR. ERICKSON: The one that you have does not look complete. MS. LEE LOY: Alright. Mr. Harris, Fritz, we have you on the line, you've heard the testimony. You know, I look for your guidance and comments. MR. HARRIS -GLADE: Well, my recollection of this is completely different than Mr. Erickson. Originally, the owner of the property had hired a sign company to submit an application, and that application went to KVDC, but it was smaller. It seemed to be in total compliance with the smaller lettering of—required by the Village Design Commission. So at that point, the applicant asked me to withdraw the application and start over, and that was approximately 2015. So we went back to KVDC, and in the meeting we took the sign request that was brought to the meeting and we collectively, the commissioners and myself, changed everything to meet their satisfaction, and they sent the letter attesting that, and I believe Councilman Lee Loy, that you have that. I sent that to you yesterday. Page 11 PWMTC-3 March 12, 2019 From my perspective, this has been, well I don't know how to say it politely, so I'll just say it, it hasn't been a pleasant experience. The drawings have been lost at least three times that I'm aware of by the County. They were put out behind somebody's desk and forgotten about. I have probably a half -a -dozen or a dozen emails asking what's the status, and every time I ask the status, I was told that I had to rewrite the resolution, which I didn't believe was my job to do. I thought that was something that the County did, and I still don't know who's responsible for writing the resolution. I went through at least four different people who are handling the project and they have gone on to other things. So, we've been kind of the orphan child in this thing, and at every occasion it gets pointed to me that I'm the one that hasn't met the compliance, but I believe I have. I've gotten misdirection from the County; I've been told to wait for six months and submit it after the Sign Code changed or the sign process changed. So and at one point, Bobby Command even told me to go ahead and put up the sign, "Forget the variance, you don't need one." So, I just kind of feel like, yeah, I've been pistol-whipped here, and that's my perspective. MS. LEE LOY: Thank you, Mr. Harris. Let me just ask, very directly, do you want to continue to proceed with this sign variance? MR. HARRIS -GLADE: Yeah, and I think it's to the County's advantage. I mean the amount of revenue that comes in from the bed tax and from the sales tax is to the County's advantage. This particular property in previous reviews has been granted the right to have a variance because of its unique location. It's not on a fronted street, it's a half a block back from Kuakini Highway. It's very hard to find, and that was the purpose of the request, so that people could actually find the building. There's no opportunity to put a directional sign on the corner of Sorona and Kuakini Highway, because that property does not belong to the applicant. So, you're in mid -block, and they need some way to get people there from the airport. So, they can't find it once they come down Henry Street. MS. LEE LOY: Thank you Mr. Harris. One final question for you. What is the property zoned? MR. HARRIS -GLADE: I think its CV Commercial (Village Commercial), I'm not sure. I don't have that zoning map in front of me, but I'm pretty sure, it's CV Commercial. MS. LEE LOY: Thank you. Mr. Erickson before you, you have Resolution 92-19, in the title, it reflects a Zoned "U". How did the department provide this information as far as the appropriate zoning? Page 12 PWMTC-3 March 12, 2019 MR. ERICKSON: Council, this looks like MS. LEE LOY: I'm asking you to take a look MR. ERICKSON: I don't know anything about zoning. That's a Planning Department issue, so this would have been stated by the applicant. It looks like CG -20 (General Commercial) would be more appropriate, but the "U" must have been a left over. So, again, this doesn't get routed back to Planning for their review, so I have no idea what the zoning is. MS. LEE LOY: Mr. Erickson, this work product came from the department, and I think it's a duty of the department to provide this body with a factual resolution. MR. ERICKSON: So, just to clarify for Mr. Fritz Harris -Glade and for the rest of this Council, the resolution is written by the applicant. I have another example I was going to bring in today by Walmart that is very complete. And weagain, I don't look at this, but I can see your point about routing this back to Planning for verification. It's not part of the process now. This goes to the administrative clerks, and they write it up and forward it electronically to you. So in this case, I have to take responsibility and say, "I didn't know." I didn't know what the zoning is. I just didn't think about looking at it. MS. LEE LOY: I appreciate what you're saying about whose duty it is, but when I review the Code, the Signage Code, Chapter 3 and the duties of KVDC, all of it is filtered back to this department for then it to be forwarded to the Council. I don't think it's the applicant's responsibility. It's no different than when an applicant applies for a change of zone ordinance and its run through its processes through the Planning Commission. It is the department that prepares the Zoning ordinance for this body to further evaluate. My heartburn is you provided us a factually inaccurate document that this body cannot act upon. Is that a fair assessment? MR. ERICKSON: Yeah, frankly, I think it's been a waste of time. I think this needs to go back to KVDC and have the Planning Department review the application again. There's too many discrepancies with this application. And just to let you know, as much as I agree, it would be our responsibility to write the resolution. It's never been the case, we always forward this on to the applicant to create. MS. LEE LOY: I'm going to correct the record. That's not correct. Jessica, who was in your division would prepare resolutions to this effect when they were coming through the process. So, you have past practices where an individual from the department would prepare a factually correct resolution and then forward it to this body. Page 13 PWMTC-3 March 12, 2019 MR. ERICKSON: I stand corrected if that's the case. Of course, she's no longer with our office. MS. LEE LOY: I think my larger concern is that this particular application has taken five years, and I have a simple question. Is that a reasonable expectation for a sign variance? MR. ERICKSON: Certainly not. I mean many others have come and gone before this one and after this one, and I have to give the applicant credit for his perseverance in order to come into compliance with the code. So, I mean in that case, we have to just say, "Thank you." But, for our side, yeah, there's the ball looks like it's been dropped numerous times, and I can only take responsibility for that. MS. LEE LOY: Thank you, Chair. I yield at this time. I'm looking forward to any comments from my colleagues. ACTING CHR KANEALI`I-KLEINFELDER: Ms. Eoff. MS. EOFF: Thank you. I remember this coming before us, and I remember all the reasons why they were seeking a sign code variance. Because for one thing, it's a Holiday Inn Hotel, and there's a standard sign. This is what I remember, and I'm trying to ask my staff to find the committee report to help jog my memory some more. But, I remember hearing that the reason they wanted a variance was because Holiday Inn has a certain sort of sign that has to be used to identify the brand, Holiday Inn, and it's also got to be a certain size. I don't remember what happened, except for I guess we postponed it. But are they in business without a sign; or what's on the building now? MR. ERICKSON: Fritz, can you answer that question? Are there standards at Holiday Inn, as we're seeking, and is there a sign on the building now? MR. HARRIS -GLADE: Yes, there are corporate standards, and I had a lengthy conversation with IHG (InterContinental Hotels Group), which is the corporate parent. These are franchises, by the way. So, their franchisee is responsible for meeting certain terms and conditions, and I explained to their corporate people that you can't have your corporate standards because it doesn't work in the Village. As a point in fact, I used to be the Vice Chair of the Kailua Village Design Commission many years ago, so I know how the process works. So, we compromised and we came back to KVDC and said, "What if we do this?" And this was to make a compromise in the size of the letters and break up the sign so that it wasn't what you would typically see out of the corporate handbook, which was not very appealing for Kailua Village. It's just, you know something you might see on a freeway in the mainland. So, there was a compromise on the applicant's side to try to do something better; and currently there may be a small Page 14 PWMTC-3 March 12, 2019 sign on the building, but I don't believe there's any sign until you get to the front door. MS. EOFF: Thank you. And the last time it was up for review at the Kailua Village Design Commission, were they in support of a compromise or a sign variance with a compromised size? MR. HARRIS -GLADE: Yes, and I forwarded a copy of the letter to Councilman Lee Loy yesterday. I don't know where? Somehow that letter got lost in the process, but it went through the process. We got the commission to approve the compromise. There was a letter that followed, that was at that time, sent to the previous Director of Public Works. And I revised the resolution at least five times by direction by either Kelly Wilson or Neil Erickson, or someone else at County Council. So, we've been trying to do everything we're supposed to do, and I'm just at a loss of what to do next. MS. EOFF: Okay, thank you. It seems like we would need to, for one thing, have a more complete packet transmitted to us, and possibly a redraft. Maybe this needs to be either withdrawn or postponed, because it seems like there's a lot of inaccuracies in the resolution, so I wouldI mean I'm not sure what the process would be, but it seems like we may need to withdraw this and start with a clean reso, and with all of the attachments that would belong in the packet with maps or drawings that we can actually see better and with the recommendations from the Kailua Village Design Commission. Because otherwise, we can't really do anything, I don't think, meaningful here. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Eof£ Ms. Lee Loy. MS. LEE LOY: Thank you, Ms. Eoff, for those comments. I have prepared a comprehensive correction to this resolution, but I needed to use this opportunity for this body and this department to understand how we hope to get good work product from them, which is factually accurate and which this body can further act upon. Again, I'm hoping for any other discussion, but I do have a way forward that helps Mr. Harris -Glade; that helps the department and really expedites this process which has been waiting for five years, which I think is just unacceptable. It's bad practice. Chair, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Mr. Richards. MR. RICHARDS: Thank you, Chair. It's kind of hard. Where to begin? The fact that this has taken five years, obviously no one likes this situation. And I think where Councilwoman Lee Loy is going with this comes back to one of our Page 15 PWMTC-3 March 12, 2019 initial conversations we had earlier today concerning the overall structure and culture of trying to get things done. If we, again, want to get our County fixed and our economy really rolling, we have to be very mindful of getting things done in a very timely fashion. And, this predates me as far as that goes, but I think what we're discussing, yeah we have an issue here with this sign, and I appreciate Mr. Erickson saying, accepting responsibility that we got pukas in our process. But, I think the bigger picture is that we have a culture issue as far trying to get this embraced and going forward. And so, I'm not an expert in any of this stuff, but Itimeframes are important, and I can only imagine from a business standpoint, you're going to run out of time, patience, and quite frankly money, if we're not responsive to the needs of these businesses as we come forward. And so, we've discussed the impacts of this last year and the natural disasters that we've had; the lava inundation, the hurricane, and everything else that we faced associated with that. Our economy took a huge hit, huge hit. It's estimated maybe $500 million is what our economy took a hit this last year. The only way we're going to be able to recover is if we are very sensitive to getting the economy rolling, which means being sensitive to the needs of our constituents, specifically businesses here. So, I'm hearing what Council Woman Lee Loy is saying, that a retooling, restructuring, whatever the case may be—it's interesting that we started the morning this conversation, and now we're going to end the morning with this conversation. But, very, very mindful of that, we have to facilitate, streamline. And I don't know what the process is, but I hear what's being said, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Richards. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Like Ms. Lee Loy, like Mr. Richards, I am feeling in so many ways, heartburn, nauseous. I mean, I'm cringing the whole time the applicant is recalling the experience that he's taken over five years to get a variance, and I think of the things that I could do in five years. I could birth a child, raise her and send her off to Kindergarten. Lots can happen. I don't feel comfortable taking a vote on the measure that's before us. I think we need full documentation. Documentation around the process that this variance has been reviewed under. I mean, I think about the thick stacks of info that we get for each application that's coming through from the Planning Department. I read through all of it, every single thing. All of the minutes from the Commission meetings; the recommendation letters, all of it. Because, I feel we have a responsibility to make decisions with all of that in mind, because that's our number one responsibility here is to legislate properly, and we can't do that if we don't have good information. Page 16 PWMTC-3 March 12, 2019 I feel, I'm sorry, I justI have to express my sincere apologies to the applicant. I know I wasn't involved but I really feel for you and I just wonder how many more of these stories are out there that we haven't heard. Who else has gone through this arduous process? And I do feel that the system is broken. Something is wrong. There is a profound issue with this process. Earlier this morning we talked about the various time extensions that were coming before us as a Council and needing to review the system holistically so that we that we can create something that works for everyone. I think we need to put a communication forward to have a robust discussion about this process so that it's clear and it's transparent, and nobody's working in silos anymore. I mean, clearly there's not a lot of communication going on between the departments, and that scares me. We're supposed to be working together as one County, functioning efficiently together. And so, thank you, Ms. Lee Loy for bringing all of this to light. I know that with your very capable hands, you're already crafted some amendments to this resolution, but I think perhaps maybe we need to lay this on the table until we can get more information from Public Works and the applicant before we vote on it. So, with that said, I yield the floor. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Ms. Eof£ MS. EOFF: I have a question. The positive recommendation from the Design Commission, when—that you said you transmitted a memo, when was that dated? I mean, it is a current—was it before the Design Commission currently or is this like several years back? So, I'm just wondering if there's— MS. LEE LOY: If I may? MS. EOFF: Yes. MS. LEE LOY: I provided a legislative timeline on this particular application. And just as a thumbnail sketch, the application was submitted in April of 2014. It went to KVDC in May of 2014, at which time—and this might be some other resolutions that Ms. Eoff recallsa Resolution 466 was transmitted to the Council in June of 2014. That particular resolution was postponed to the call of the Chair in July of 2014, at which time in September of 2014, a second resolution came before this body, which provided the revised application as outlined by Mr. Harris -Glade. At our October 14, 2014 meeting, Resolution 553 was amended to Draft 2, at which time Council Member Kanuha withdrew Resolution 466. And then at our November 2014 meeting, Resolution 553 was postponed indefinitely, and at which time it went back to KVDC; and in November of 2015, KVDC provided their revised recommendations and Page 17 PWMTC-3 March 12, 2019 comments, which is what Mr. Harris -Glade explained today, which is the four different signs. It has been sitting in this department since that time. MS. EOFF: I see, so the expectation was that after that last review by the Design Commission, we would have seen a revised packet, which is finally coming now, but it's still incomplete, and mistakes. So I'm wondering, you said you—and I'm looking at your work on this amendment, but it doesn't fix that "U" in the title. I don't know if that needs to be changed or if we can. That's why I was recommending that if we need to start fresh or if this is the vehicle. But I guess we can keep discussing that. ACTING CHR KANEALI`I-KLEINFELDER: Ms. Villegas. MS. VILLEGAS: Thank you for all the back history and the timeline and to get a better understanding of this. And as it is in the district that I'm responsible for, I hope to play a role in following this through. I do have some concerns about signage size in Kona, and we have some other businesses who just put up the signs and say they're going to pay the fines and disregard some of the values that the Kailua Village Design Commission has put forth. So, I would just ask if you could keep me abreast of what this fuller packet looks like that I could wrap my head around. Not only the past, and my apologies for the cracks in the system and for the delays here, and my hope would be that we could move forward and find a solution for the signage. I do believe that when I've driven pass the building, there is some sort of signage up there, because it does indicate what it is. However, I personally want to make sure that it's not billboard size. Because this is—while the location of the building itself is kind of further aback, it is right in the heart of our unique and precious little town. And already it's placement kind of surprised me in general, as somebody that lived there before I ran for office. So, just wanting to make sure that it's appropriate. So, thank you for including me in that going further. ACTING CHR KANEALI`I-KLEINFELDER: Chair Chung. MR. CHUNG: Thank you. You know, I was wondering why Ms. Lee Loy had relinquished the chair. Now I know. But you know, of course we have veered from the substance of this matter, but you know, I think what's been brought up really speaks of a broader issue. I have to say, depending on whose account you take, it's concerning, perhaps even disturbing. All I can say is this, you know, and I frequently tell constituents that, the County Council really doesn't have too much say over administrative matters, but this is what we can do. And I'm not really laying any fault on the department right now. I don't want to jump to conclusions, although I've got to say though if from what I heard today, and from both sides, I have to kind of feel for the applicant, okay. Page 18 PWMTC-3 March 12, 2019 But having said that, I think the administration should know, and David you've only been on board for about a month, but, if things like this continue to occur then I guess the department or departments can expect to have to explain themselves. And I think that's the lesson to be gleaned from today. And I feel really bad for Mr. Harris and you know, having to wait for five years, that's inexcusable, but there may be reasons I don't know. But, when you have two different accounts of what went on, inquiries have to be made, right? So anyway, that's all I have to say. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you to the rest of my colleagues. And really, this really was intended to be a teaching moment. One, for the department to provide us, you know, a work product that this body can further act upon. So with that being said, I'd like to amend Resolution 92 with the contents of (Comm.) 155.1. If I could get a second? Motion to Amend: Ms. Lee Loy moved to amend Res. 92-19, with the contents of Comm. 155.1. Seconded by Mr. Richards. ACTING CHR KANEALI`I-KLEINFELDER: Is there any discussion? CHR. LEE LOY: Yes, Chair, please. What I've done is try and provide a pathway forward for Mr. Harris -Glade along with the department. And what this body can find in Communication 155.1 is a substantive deviation from the resolution that was presented to us. It corrects all of the factual inaccuracies that were provided to us in Resolution 92 and is red -lined as provided by the communication. What I am going to be asking further is that, if this body so incline to do and adopt this communication and turn this into a Draft 2, is to have the department take this back to KVDC and have them further evaluate this resolution to insure that the recommendations that they made back in November of 2015 and that this resolution is a true and accurate reflection of their recommendations. And further direct this body, this department to not only provide this body with a favorable recommendation from KVDC, but any and all exhibits that should come with this final version that this body can further act upon. I'm going to further request that this be done in an expeditious manner, and that this body see the action from KVDC and the department no later thanI wish we could do that but KVDC has their own schedule. I'm going to say April 9. That gives KVDC time to schedule their meetings. Oh, I'm looking at Mr. Yee. You know what, I'm still going to put a nail in it. I want it back to us by April 19. If KVDC does not meet, I expect a letter from this department explaining the status. With that, I yield the floor. Page 19 PWMTC-3 March 12, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Seeing no further discussion, on the motion MR. RICHARDS: Real quick. ACTING CHR KANEALI`I-KLEINFELDER: Sorry, Mr. Richards. You're quick, you're quick there. MR. RICHARDS: Thank you, Chair. As a point of clarification, may I ask Councilwoman Lee Loy a question? ACTING CHR KANEALI`I-KLEINFELDER: Yes. MR. RICHARDS: To verify the substantive content of your communication is what you have that came from Kailua's—okay. Correct? I yield. MS. LEE LOY: Yeah, for the record, my staff along with the legislative review branch has done a comprehensive review of all of the legislative background material on this. The resolution you have before you articulates all of the recommendations from KVDC along with the appropriate and accurate reflections of the Code and the KVDC; sections of that Code. We really did a lot of heavy lifting to make sure that this applicant does not have to wait any longer. But, I also want to direct the department that this is a good teaching moment, and now you folks have a template on how to move items through the Sign Variance Code process, specifically as it applies to KVCD. Because what I heard Mr. Erickson say during his testimony was that there probably are a number of businesses in Kailua Village who have put up signs illegally. And so, if this provides a bright line of expectation for any applicant who is doing business in Kailua-Kona, a pathway forward, this is the tool. And that's how I want to help. This wasn't easy. This really was intended to be a teaching moment, and I hope going forward, because I stand ready to help this department. Mr. Yamamoto knows that loud and clear, but we cannot help unless we recognize our deficiencies. MR. ERICKSON: Can I just recognize that I understand and I'm willing to accept that challenge, because I want to do it. And I want to do it right, and you're right. Right now, we're working with Planet Fitness, for example. So, I don't want to wait until we have complaints. We want to make it easy for applicants. I really do want to help them. ACTING CHR KANEALI`I-KLEINFELDER: Is there any further discussion? May I ask if we have any further comment from Mr. Harris on the phone? Page 20 PWMTC-3 March 12, 2019 MR. HARRIS -GLADE: Yes, I appreciate the interest that the Council has taken in this. It made me look terribly ineffective to my client, and I don't know how much damage was done there, but if I can make this happen and he can finally put up a sign, maybe he'll forgive me. But you know, again, its constructive criticism. This application has been lost on numerous occasions, can't find the documents. As a matter of fact, on another matter, this morning I got an email from someone from the Building Department asking me if I had certain drawings in my possession. And they said, "No, you have them." And about an hour later, I got an email, "Oh yeah, we found them." So, there's a real challenge here with document control, and I hope that that goes along with the teaching moment where the Department of Public Works can, maybe with their new computer system, have a better way of tracking where things are. And that would be nice. And Mr. Erickson, I hope you don't take this as any kind of a personal front. It was never my intention to put you in the hot seat. MR. ERICKSON: Thanks Fritz, but it goes with the job. ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you very much. Thank you for your time. So on the floor, we have a motion to amend by Ms. Lee Loy. Vote on Motion to The motion to amend Res. 92-19, with the contents of Amend: Comm. 155. 1, was carried by the following roll call (Approved) vote. Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder – 8. Noes: None. Absent: Committee Member Poindexter –1. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: So back to the main motion then. Do we have a motion to forward Res. 92-19, as amended by Comm. 155. 1, to the Council with a positive recommendation? MS. LEE LOY: Chair, I'd like to further amend that motion, that we forward Resolution 92-19, as amended by the contents of Communication 155.1 to the Kailua Village Design Commission. I think I stated for the record—well, let's just vote on that motion. Motion to Refer: Ms. Lee Loy moved to refer Res. 92-19, as amended to Draft 2, to the Kailua Village Design Commission for Its review and comments. Seconded by Ms. David. Page 21 PWMTC-3 March 12, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Okay. Is there any further discussion? MR. HENRICKS: Just to be clear, the motion is to refer this resolution, as amended to the Kailua Village Design Commission for its review and comments. ACTING CHR KANEALI`I-KLEINFELDER: Yes. MR HENRICKS : Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. MS. LEE LOY: Yeah, thank you. And it really is, I'm hoping that this will become a pathway forward and really take care of Mr. Harris -Glade that has been waiting for five years. It's my intention that this resolution in its complete and thoroughness can be expedited through the Kailua Village Design Commission. At which time it will then come back up through its processes, and as I stated for the record what a complete packet would look like from the department before coming back to this committee. I'm also doing this in an effort for recordkeeping purposes. Our Clerk doesn't like to hold things indefinitely in purgatory, communication purgatory. And so with that, this actually provides a clear, bright path of what the next steps are. But as I did mention, I do expect something back from the department by April 9. Even if it's not a complete packet, a status update. Thank you, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Any further discussion? MR. HARRIS -GLADE: I have one final question, please. ACTING CHR KANEALI`I-KLEINFELDER: Yes, sir. MR. HARRIS -GLADE: So, in the future, who is responsible for writing the resolution for a variance? ACTING CHR KANEALI`I-KLEINFELDER: We had a hand raised by Mr. Neil Erickson from the Building Division. MR. ERICKSON: Just to make it clear, the Building Division for Public Works will be responsible for writing resolutions to forward to the Council, and making sure that they're accurate and contain the right references. So just for clarity, I thought I'd raise my hand despite the pain it causes. Page 22 PWMTC-3 March 12,2019 ACTING CHR. KANEALI`I-KLEINFELDER: Okay, I believe we have that on record. Any further discussion? Okay, seeing none, may I have the vote? All those in favor? Vote on Motion to Refer: The motion to refer Res. 92-19, as amended to Draft 2, to the (Approved) the Kailua Village Design Commission for its review and comments was carried by the following voice vote. Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder— 8. Noes: None. Absent: Committee Member Poindexter— 1. Excused: None. ADJOURN- There being no further business, at 12:33 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder— 8. Noes: None. Absent: Committee Member Poindexter— 1. Excused: None. ACTING CHR. KANEALI`I-KLEINFELDER: Okay, that ends our Third Session for Committee on Public Works. 404IP 47\-- /Q1z:ACk I L. K. Lee Loy, Chair (Date) Public Wor, and Mass Tr. • it Corn oittee SL/dt Page 23