HomeMy WebLinkAboutMIN COUNCIL 2019-03-28 2018-2020 Hawaii County Council
Stn Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
March 28, 2019
INVOCATION: Senior Pastor Bill Dierking of Kona Coast Baptist Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:07 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting
Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Chair
Ms. Karen Eoff, Vice Chair
Ms. Maile Medeiros David, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
Absent & Excused: Ms. Valerie T. Poindexter, Member
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Richards led the Council in the Pledge of
Allegiance.)
PETITIONS, The Acting Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Mr. Richards presented Certificates of Merit to 9 members of
EXPRESSIONS OF the Kohala High School Na Paniolo VEX Robotics Team for winning the State of
CONDOLENCE: Hawaii High School VEX Robotics competition.)
Recess: At 9:22 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 9:25 a.m.
Hawaii County Council-8 March 28,2019
STATEMENTS The Acting 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 Acting Chair:
Tommy Hickcox: Res. 98-19 (Comm. 165), in support.
(representing Ahuena
Heiau, Inc.)
Mark Van Pernis: Bill 23 (Comm. 92), in opposition; and
Bill 33 (Comm. 134), in opposition.
Cory Harden: Bill 16 (Comm. 64), in opposition.
(See Comm. 64.17)
Stephen Ueda: Bill 16 (Comm. 64), in support.
(representing Matsuno
Enterprises Limited)
Smiley Burrows: Bill 46 (Comm. 180), in support.
Kathy Emery: Bill 46 (Comm. 180), in support.
Dwight J. Vicente: Bill 16 (Comm. 64), comment;
Bill 23 (Comm. 92), comment;
Bill 24, Draft 2 (Comm. 94.2), comment;
Bill 33 (Comm. 134), comment; and
Bill 43 (Comm. 170), comment.
Marcia May: Res. 65-19 (Comm. 122), in support.
(representing Attorney
General's Drug and Crime
Prevention Task Force; Youth
Empowerment Services —Puna)
Karen Bohner: Bill 42 (Comm. 169), in support.
(representing Kona Alano
Club)
Cherie Griffore: Bill 16 (Comm. 64), in opposition.
(representing Surfrider
Big Island Chapter Kona Kai Ea)
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Hawaii County Council-8 March 28,2019
Cherie Griffore: Res. 20-19 (Comm. 12), in support;
Res. 86-19 (Comm. 148), in support;
Res. 96-19 (Comm. 163), in support;
Res. 97-19 (Comm. 164), in support;
Res. 98-19 (Comm. 165), in support; and
Bill 16 (Comm. 64), in opposition.
Claudia Rohr: Bill 16 (Comm. 64), in opposition.
Deborah Ward: Bill 16 (Comm. 64), in opposition.
Nancy Seifers: Bill 46 (Comm. 180), in support.
Sherri Carden: Res. 65-19 (Comm. 122), in support;
Bill 23 (Comm. 92), in support;
Bill 25 (Comm. 107), in support;
Bill 34 (Comm. 151), in support;
Bill 35 (Comm. 152), comment;
Bill 36 (Comm. 153), in support;
Bill 37 (Comm. 154), in support;
Bill 44 (Comm. 171), comment;
Bill 45 (Comm. 172), in support; and
Bill 46 (Comm. 180), in support.
Eileen O'Hara: Res. 65-19 (Comm. 122), in support; and
Bill 46 (Comm. 180), in support.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order:
Comm. 177: NOMINATION OF BENJAMIN AGDEPPA TO THE TRANSPORTATION
COMMISSION
From Mayor Harry Kim, dated March 8, 2019, submitting for the Council's
review and confirmation the above nomination.
Waived: PWMTC
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Hawaii County Council-8 March 28,2019
Vote on Comm. 177: Mr. Kaneali`i-Kleinfelder moved to confirm the
(Approved) appointment of Mr. Benjamin Agdeppa to the
Transportation Commission. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
Acting Chair Eoff thanked Mr. Agdeppa.
Comm. 178: NOMINATION OF MICHAEL O'LOUGHLIN, SR., TO THE
TRANSPORTATION COMMISSION
From Mayor Harry Kim, dated March 8, 2019, submitting for the Council's
review and confirmation the above nomination.
Waived: PWMTC
Vote on Comm. 178: Mr. Richards moved to confirm the appointment of
(Approved) Mr. Michael O'Loughlin, Sr., to the Transportation
Commission. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
Council Member Richards spoke in favor of the appointment.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
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Hawaii County Council-8 March 28,2019
Vote on Approval of Ms. David moved to approve the Minutes of February 20,
Minutes: 2019. Seconded by Mr. Richards and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(Note: Items in this category were taken up previously, out of order.)
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order:
Res. 86-19: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM A
PLANNED SUBDIVISION(PARCELS 7-3-009:019, 057, 058, 060, 061, AND
062) TO THE EXISTING SEWER LINE TERMINUS IN ANE KEOHOKALOLE
HIGHWAY
The extension would provide service to the planned subdivisions Kaloko Heights
Phases I and II, and the Hawaii Island Community Development's planned low
income housing project, adjacent to the subject property, pursuant to Section 21-26.1.
Hawaii County Code. The parcels are located on the north and south sides of
Hina Lani Street.
Reference: Comm. 148
Intr. by: Mr. Richards (B/R)
Approve: AWEEMC-4
Vote on Res. 86-19: Mr. Richards moved to adopt Res. 86-19 and Agriculture,
(Adopted) Water, Energy, and Environmental Management
Committee Report No. 4. Seconded by Ms. Kierkiewicz
and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
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Hawaii County Council-8 March 28,2019
Bill 43: AMENDS ORDINANCE NO. 17-48, WHICH AUTHORIZED THE MAYOR
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A
STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR
SOLID WASTE IMPROVEMENT PROJECTS AND AUTHORIZED THE
ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE SOUTH HILO SANITARY LANDFILL FINAL CLOSURE
PROJECT
Increases the original bond issuance from $20 million to $24 million.
Reference: Comm. 170
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 47-5, Hawaii Revised Statutes
Motion to Approve: Ms. David moved to pass Bill 43 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Yes, this matter was requested to be waived out of Committee. So,
Mr. Quiamas, would you kindly explain to us the urgency and a brief description
of this bill?
ACTING CHR. EOFF: And just state your name for us.
(Note: At this time, Project Manager Gene Quiamas, Solid Waste
Division, came forward to address the members of the Council.)
MR. QUTAMAS: Gene Quiamas, Project Manager for Solid Waste Division.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: So, the waiver was requested `cause there's a timeline to finish the
closure requirements. That's my understanding.
MR. QUTAMAS: Yes.
MS. DAVID: I know Mr. Goodale—is he in Hilo for questions if anyone has
them? Ms. Leeloy? No? Okay. So, this funding, the 24 million of the General
Obligation Bonds will be the amount that we're approving to get this project on
the way.
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Hawaii County Council-8 March 28,2019
MR. QUTAMAS: Yes. We opened the bid about two weeks ago, and essentially,
we're $1.6 million short of the initial estimate of 18 million when we first put the
project together back in 2016.
MS. DAVID: I see. Okay. Well, I don't have any other questions. I know
there's an urgency about this, but I'll yield for now unless Ms. Lee Loy has any
questions out of Hilo.
ACTING CHR. EOFF: No? Any other questions or comments?
MS. DAVID: Thank you, Mr. Quiamas.
Vote on Bill 43: The motion to pass Bill 43 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 43 will move to second reading.
Bill 44: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Increases the Environmental Management South Hilo Sanitary Landfill Closure—
State Revolving Fund project by $3 million, for a total appropriation of
$23 million. Funds for this project shall be provided from State Revolving Funds
and would be used for construction management and contingencies.
Reference: Comm. 171
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. David moved to pass Bill 44 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Ms. David.
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Hawaii County Council-8 March 28,2019
MS. DAVID: Yes, thank you. I believe this is the same waiver request because
of the urgency to get this project started. So, I have no other questions. I yield.
ACTING CHR. EOFF: Any comments or questions, Council? Seeing none, all
in favor please say "aye."
Vote on Bill 44: The motion to pass Bill 44 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 44 will go to second reading. Thank you very much.
Res. 101-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE HAWAII COUNTY DEPARTMENT OF PUBLIC WORKS
Funds in the amount of$120,000 would be used to purchase bikeshare stations
and bicycles.
Reference: Comm. 172
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 101-19. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Yes. Thank you, Chair. This waiver was also requested out of
Committee to expedite the receipt of the funds for this project. I believe
Director Yamamoto and Mr. Simeon might be in Hilo if there's any other
questions. I don't have any, so I'll yield at this time.
ACTING CHR. EOFF: Okay, thank you. Hearing no comments, then, all in
favor please say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Res. 101-19: The motion to adopt Res. 101-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 101 is adopted.
Bill 45: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Hawaii Island Bikeshare System - Federal account
($120,000); and appropriates the same to the Hawaii Island Bikeshare System—
Federal account. Funds would be used to purchase bikeshare stations and
bicycles for the Hawaii Island Bikeshare System in Kailua-Kona.
Reference: Comm. 172
Intr. by: Ms. David (B/R)
Waived: FC
Vote on Bill 45: Ms. David moved to pass Bill 45 on first reading.
(Approved) Seconded by Ms. Villegas and carried by the following
voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 45 will move to second reading.
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Hawaii County Council-8 March 28,2019
Res. 103-19: CREATES THREE NEW TEMPORARY POSITIONS FOR THE HAWAII
COUNTY PLANNING DEPARTMENT
The Program Manager, Accountant II, and Program Support Technician positions
would be used to implement the Federal Emergency Management Agency's
Disaster Care Management Program, which will provide social services for
people who were displaced and impacted by the Kilauea eruption.
Reference: Comm. 179
Intr. by: Ms. Kierkiewicz
Waived: FC
(Note: Comm. 179.1 from Finance Director Deanna Sako, dated March 15, 2019,
transmitting proposed amendments to Res. 103-19, was circulated.)
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 103-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Director Yee, thank you for joining us
out of Hilo. If you could do me a favor and just provide a quick overview for the
Council as to what these positions will be doing. I think there is some confusion
among the Council as to why these recovery positions are going to be housed
under the Planning Department.
(Note: At this time, Planning Director Michael Yee and Administrative
Services Officer Douglas Le came forward to address the members of the
Council, via videoconferencing from Hilo.)
MR. YEE: Michael Yee, Planning Director. I'm going to quickly punt to
Douglas Le who's been managing this contract.
MR. LE: Aloha. Douglas Le, Administrative Officer for the Planning
Department. So, the Planning Department is requesting these three positions to be
funded by this FEMA (Federal Emergency Management Agency) grant. In our
support of the Mayor's Office and OHCD (Office of Housing and Community
Development) in the implementation of this grant, we are taking on these
positions for this temporary time-limited grant service in order to standup the
program quickly, start the services, and close them out by FEMA's timeline.
MS. KIERKIEWICZ: Thank you, Douglas. So, in addition to these three
temporary positions, it's my understanding that there is a Request for Proposal out
there as well for work with a nonprofit to help actually administer the case
management program. Is that correct?
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Hawaii County Council-8 March 28,2019
MR. LE: Yes, that is correct. Our need to standup this program has been a
significant priority for our department and for the County as a whole. And so, of
the many steps that it takes to standup a program like this, we've been working
multiple tracks. So, with the $1.7 million, roughly that, the grant funds, it funds
three positions to really work internally to administer the program. And the RFP
(Request for Proposal) has been out for a couple of weeks now to bring on a
contractor who would provide the direct services to survivors of the eruption.
MS. KIERKIEWICZ: Thank you. And when do you anticipate getting all the
proposals you need and making a decision on who the contract will be awarded
to? What's the timeframe? I think it'd be helpful to know if we can share with
our constituents as to when and where we can point them to, basically the entity
that's going to be managing these cases for the next year.
MR. LE: I don't have the exact timeline. Sharon Hirota, who's been a close
partner with us leading these efforts for the County, should be here very shortly.
So, she might be able to provide a more accurate and better answer. But I know
that, with the urgency we've had, we've been hoping to standup the actual
services within the spring, so in a timeframe of a couple of months since the grant
was first awarded to the County. Sharon can provide more detail.
MS. KIERKIEWICZ: Thank you, Douglas. Chair, I yield for now.
ACTING CHR. EOFF: Thank you. Any other questions or comments, Council
Members?
MS. LEE LOY: Yes, Chair.
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you. Thank you, Douglas, for being here. You
mentioned it's a FEMA grant, and so these are temporary positions. What
happens at the end of this grant, and where do those positions go?
MR. LE: It's my understanding that the grant, based on the timing of the disaster
event, the grant is scheduled to run through June 2020. And so, we are requesting
these positions for that point in time. The folks who will be in these positions will
work to deliver the services. If there is a need to extend the grant past, that's a
conversation with FEMA based on available funding and the needs of the
program. These folks, if you want to get really technical, will be in temporary
time-limited civil service positions. So, while they may not have these positions
after the grant ends, they will have civil service that is creditable should they seek
future employment with the State or in the jurisdictions.
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Hawaii County Council-8 March 28,2019
MS. LEE LOY: Thank you. I'm going to be supporting this. I really like that
multi-prong approach, and we've been trying to standup a lot of things after this
event. This is, actually, really a bright line of hope that we actually can start
standing up programs that the community needs and then really start moving the
recovery efforts from all different lanes. Thank you, Douglas. Thank you,
Director Yee.
ACTING CHR. EOFF: Okay, thank you. Any other comments, questions?
Seeing none
MR. HENRICKS: Madam Chair, prior to calling the vote I'd just like to note that
the Finance Director submitted a memorandum or letter requesting that the
Council amend this resolution to correct the description of one of the positions.
It's in the form of Communication 179.1.
ACTING CHR. EOFF: Okay, thank you for bringing that to our attention. Does
everybody have Communication 179.1? Well, first of all, may I have a motion to
amend Resolution 103 with the contents of Communication 179.1?
Motion to Amend: Ms. Kierkiewicz moved to amend Res. 103-19 with the
contents of Comm. 179.1. Seconded by Mr. Richards.
ACTING CHR. EOFF: You can see that there was a change in the description of
the temporary position. Any questions regarding that, Council? Seeing none, all
in favor please say "aye."
Vote on Motion to The motion to amend Res. 103-19 with the contents of
Amend: Comm. 179.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Motion carries. Back to the main motion.
Resolution 103-19, as amended by Communication 179.1, all in favor please say
Ic aye.
MR. HENRICKS: Madam Chair, I'm so sorry. Would you please request a
motion to suspend the rules if you'd like to proceed with the discussion vote on
the resolution, as amended?
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Okay, thank you. Before we do that, may I have a
motion to suspend our rules so we can continue voting on this today?
Motion to Suspend Mr. Richards moved to suspend Council Rule 24 to waive
Council Rules: the holdover for the substantive amendment of Res. 103-19.
Seconded by Ms. Kierkiewicz.
ACTING CHR. EOFF: All in favor
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Discussion, Ms. Lee Loy.
MS. LEE LOY: Thank you. Ms. Hirota is here, and I know Ms. Kierkiewicz had
some follow-up questions as it related to the nonprofit piece related to this. So,
she's here to answer any questions.
ACTING CHR. EOFF: Okay, then I should hold off. Well, we can make the
motion to suspend the rules and then
MR. HENRICKS: You should vote on this and then you can go back into
discussion.
ACTING CHR. EOFF: Okay. Let's go ahead and vote on that motion to suspend
our rules. All in favor, please say "aye."
Vote on Motion to The motion to suspend Council Rule 24 to waive the
Suspend Council holdover for the substantive amendment of Res. 103-19
Rules: was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
(Note: At this time, Executive Assistant Sharon Hirota, Office of the
Mayor, came forward to address the members of the Council, via
videoconferencing from Hilo.)
ACTING CHR. EOFF: We're going to be going back to the main motion, as
amended. Ms. Hirota is in Hilo. So, I think she would like to say a few words.
Go ahead.
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Hawaii County Council-8 March 28,2019
MS. LEE LOY: Perhaps Ms. Kierkiewicz might want to restate the question she
had earlier, related to the nonprofit. That way Ms. Hirota can follow up.
ACTING CHR. EOFF: Okay, thank you. Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Chair, if I may. Thank you very much. Hi, Sharon.
Thanks for joining us in Hilo. Great to see you.
MS. HIROTA: Hi.
MS. KIERKIEWICZ: I was wondering if you could just provide us with an
update as to where we are in terms of the timeline for selecting a nonprofit entity
to work with to administer the case management grant.
MS. HIROTA: Sure. Sharon Hirota, Executive Assistant, Office of the Mayor.
So, the RFP for the disaster case management program was posted on March 151h
by our Purchasing Department. It will be posted for 30 days. The deadline to
respond is 4:30 on April 15'h. Once it is closed, then the Purchasing Department
will go through its normal procedures and then refer the responses to the review
committee. And then the review committee will make its recommendation back
to Purchasing, and if all goes well, the award will be made. We are working up
against a deadline given by FEMA as to when this grant will end, and I'm hoping
that the grant will be in place, at the latest, mid-May.
MS. KIERKIEWICZ: That's excellent news. Thank you. Do you think that the
four databases that are currently being merged are going to be merged by the time
that this contract is awarded?
MS. HIROTA: It is my understanding that the bridge has been built and there
have been some preliminary reports coming out. So, based on what I know, yes,
we will have that data available.
MS. KIERKIEWICZ: Great. And I just had one more question about theI'm
looking at the background and justification sheet for these positions. One of the
bullets is "organization and coordination of information on available resources
that match the disaster-caused need." So, this matrix of available resources, is
this being put together by these positions that are being created within the
Planning Department or is this an expectation of the nonprofit that's going to be
awarded the contract?
MS. HIROTA: So, it's in partnership. So, currently, there are resources available
that are managed by VOAD, which is the Volunteer Organization Active in
Disaster. So, they have a list of resources that is available. The HI-DARRT
(Hawai`i Island Disaster Assistance Response and Recovery Team), which was
led by the County and seven nonprofits, also has resources. So, the goal is for this
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Hawaii County Council-8 March 28,2019
position within the County to work with the contractor to come with a combined
list. We are also interested in making this list of resources available not only in
particular to the survivors of the resources in general that are available. Our goal
is to eventually move this to an online platform where all community members
will have access.
MS. KIERKIEWICZ: Okay, so,just to be clear, if an individual is not in anyone
of the four databases that are being merged right now, there will still be a pathway
for individuals impacted by the disaster to access resources and to have their cases
managed.
MS. HIROTA: Yes.
MS. KIERKIEWICZ: Okay.
MS. HIROTA: So, part of the proposal that went out is outreach to the
community by attending community meetings, by connecting with existing
meetings that are already happening so that we can become aware of what are the
gaps in the resources so that we can see if they are available or if we need to look
at other resources to make them available.
MS. KIERKIEWICZ: And just to be crystal clear, none of the money that's being
awarded as part of this grant will be used as grants to individuals. It is strictly to
administer the case management program. Correct?
MS. HIROTA: That is correct. The way the grant is designed, it is to pay for
staffing of the case management, not for resources. We would need to find funds
for resources if they're not available.
MS. KIERKIEWICZ: Okay, thank you. Thank you, again, so much for all of
your hard work in helping to stand this up. I know that you have been involved
from the very beginning from when the eruption first happened. So, it's great to
have you involved every step of the way. Thank you, Chair, I yield.
ACTING CHR. EOFF: Okay, thank you. Ms. David.
MS. DAVID: Yes, thank you, Chair. And thank you, Ms. Hirota, for that
explanation. I just have one question. I'm looking at the B-52 form, and it says
the grant is for 1,734,300 some odd dollars. So, will this entire amount be
allocated to this program, or is it going to be a portion of this grant that goes to
fund this outreach program for the case management?
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Hawaii County Council-8 March 28,2019
MS. HIROTA: So, the award of a little over $1.7 million is the amount that
FEMA has dedicated to this program for Hawaii County. A large portion of that
funding will be used for the case management. There is money set aside to pay
for the County positions that we are requesting.
MS. DAVID: I see. So, that's all inclusive, and it's all dedicated to this program.
MS. HIROTA: Correct.
MS. DAVID: Thank you very much. That's all the questions I had. Mahalo. I
yield.
ACTING CHR. EOFF: Okay, thank you. Anybody else with questions or
comments? Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Good morning, Sharon.
MS. HIROTA: Good morning.
MR. KANEALI`I-KLEINFELDER: Who's in charge of these three people? Are
they autonomous?
MS. HIROTA: So, the positions will sit within the Planning Department. They
will report to Douglas Le and to ensure that we are in compliance with the grant
requirements.
MR. KANEALI`I-KLEINFELDER: Okay. So, they have a supervision under
us—not County Council but under your department.
MS. HIROTA: Correct. So, it's a partnership between the Mayor's Office as
well as the Planning Department, but the positions will reside in the Planning
Department.
MR. KANEALI`I-KLEINFELDER: Okay. And do you have a very clear
expectation for them?
MS. HIROTA: Very. Sorry. This is a federally funded program. They have
very clear expectations of what they will require of the County as its
administrator.
MR. KANEALI`I-KLEINFELDER: That is what I like to hear. Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments or questions?
MS. LEE LOY: Yes.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you. Mr. Kaneali`i-Kleinfelder took the thoughts right
out of my mouth, or right out of my head. I was going to ask, one, Ms. Hirota, if
there is a way for this grant, as it's administered, to kind of report back and
provide status reports to the Council. Partly because Ms. Kierkiewicz has been
very intimate with this, and I think the level of transparency of the grant and
what's moving forward would be ideal for that community to know what's going
on. Is that something we can request of these three individuals to provide, maybe,
quarterly updates?
I also think it would dovetail nicely into the monies that we're getting from the
State Legislature. We're also providing reporting requirements there. I think all
of these messages across all the different lanes would go a very long way to
educate our community of what we're really doing to help them recover.
MS. HIROTA: So, the selected contractor will be required by the grant to provide
reports to us. And holding back on privacy issues, we can give you information
on results without sharing detailed information, yes.
MS. LEE LOY: That's exactly—what I think would be good is what the
measurables are, then the deliverables and the outcomes, right, `cause those are
three very different kinds of pillars.
MS. HIROTA: Yes. And those are defined in the RFP.
MS. LEE LOY: Thank you, Chair, I yield. Thank you, Ms. Hirota, for being
here.
ACTING CHR. EOFF: Okay, thank you. Seeing no further comments or
questions, we'll go ahead and vote on Resolution 103-19, as amended by
Communication 179.1. All in favor, please say "aye."
Vote on Res. 103-19: The motion to adopt Res. 103-19, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff–8.
Noes: None.
Absent: Council Member Poindexter– 1.
Excused: None.
ACTING CHR. EOFF: The resolution is adopted.
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Hawaii County Council-8 March 28,2019
Bill 16: AMENDS ORDINANCE NO. 92-122, WHICH RECLASSIFIED LANDS
FROM RESORT-HOTEL, SAFETY (V-S-.75) TO LIMITED INDUSTRIAL
(ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEYS: 2-2-033:011, 012, 019, AND 020
(Applicant: Piilani Partners, LLQ (Area: approx. 2.5712 acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow a five-year time extension to comply with
Condition C (Final Plan Approval) and Condition D (Complete Construction).
The applicant is requesting the extension to develop a potable water well and
bottling facility and related improvements on the approximately 31,000 square
feet portion of this property. The property is located at 525 Pi`ilani Street, at the
northeastern corner of Pi`ilani Street-Mililani Street intersection.
Reference: Comm. 64
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-8
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 16 on first reading and
adopt Planning Committee Report No. 8. Seconded by
Mr. Richards.
MS. KIERKIEWICZ: Chair Eoff, I have something I'd like to say if you will
indulge me. I just would like to disclose to my colleagues that I have a
connection to an individual that is the landowner of this project. Steve Ueda and I
know each other in a professional capacity. When I was with Hastings and
Pleadwell: A Communication Company, one of its clients was Suisan, which
Steve Ueda is president and CEO of. When I was with Hastings and Pleadwell,
Suisan was one of the accounts that I worked on. I have since, in the last month,
resigned from Hastings and Pleadwell, and I think that is beneficial to both
parties, freeing us up of any potential conflicts of interest going forward.
I've also worked with Mr. Ueda when we were co-chairs of the Government
Affairs Committee a couple of years ago, but that is essentially the extent of our
relationship. He is president of Suisan and also serves on the board of Matsuno
Enterprises. I don't see a conflict in me participating in voting on this matter. I
am opposed to the water bottling facility, and I fully recognize that what's before
us is a land use issue. There are a multitude of uses under the zoning. But I did
want to put a call to the Chair as to whether or not I should or should not
participate in voting on this measure.
I was born and raised here. I've done business statewide, and so, I know a lot of
people. Steve Ueda happens to be one of the people I know. And so,just for the
record to be very transparent and clear, I just wanted to make that disclosure to
the Council.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Okay, thank you. Chair Chung, did you have a comment
regarding her question of if she would need to recuse herself?
MR. CHUNG: This is my view of the situation—now, of course, I read most of it
in the newspaper. All of us have to hold ourselves to the highest level of ethical
behavior. I think that's understood. This one goes a little bit too far, I mean, the
claims that have been lodged against Ms. Kierkiewicz, in my opinion. First of all,
she has, as far as I can tell and from what she just represented, no financial
interest in either the applicant or its subsidiary. And these, I kind of looked these
things up after I had read the article. I took a look at both the County Charter and
the County Code as it relates to conflicts of interest. So, I do not believe that
there is a pecuniary interest in the applicant's business.
The more problematic one is the personal interest that's being alleged.
Ms. Kierkiewicz stated that she knows the applicant's, or Mr. Ueda, I guess he's
the head of the applicant's company. I don't think that a mere friendship would
disqualify any member of this board from being able to act on a particular
measure. Let's put ourselves in Ms. Kierkiewicz's place for a minute. The
reason why we get elected is because of our personal connections throughout the
community with various organizations. Now, does that mean that we have to
disqualify ourselves or recuse ourselves whenever something comes up when we
have a passing relationship with a person or an organization? Absolutely not.
That would cripple the operations of this body.
On a different level, there has been an ethics complaint filed against
Ms. Kierkiewicz. Should that be a reason for her to be recusing herself from
voting on this matter? Absolutely not, in my opinion. What would happen is that
would open the door to people filing ethics complaints against people on this
body in order to get them to become unable to vote. That would be a horrible
precedent to set.
So, I believe that in this particular situation, based on the facts that are available
to me, Ms. Kierkiewicz should be allowed to vote. On top of that, she actually
stated that she wasn't in favor of a water bottling plant the last time. That's why
it kind of throws me for a loop. But that's my opinion on this. And I'm going to
ask you to vote on this matter.
But, Ms. Eoff, if I may now segue into my discussion of the main matter. Would
that be okay?
ACTING CHR. EOFF: Okay unless someone else has a comment. You can go
ahead.
MR. CHUNG: Thank you. Okay, now, with regard to Bill 16, first of all, there
was a statement made. I'm going to start, really, on a non-substantive matter, but
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Hawaii County Council-8 March 28,2019
there was a statement by Cory Harden, saying that she was appalled that I had
asked for the removal of the homeless population in that wooded area. And then
she wondered about certain things, wondered out loud about how various
members of this board could support something like this. Well, I'm going to
wonder out loud, too. I'm wondering if Ms. Harden has ever been in that wooded
area, having to go over there with law enforcement officials, seeing all of the
needles and drug paraphernalia in that area, the areas that are used as sewage
receptacles. It's horrible. It's really bad.
And I'm wondering if she has ever tried to go down to Wailoa State Park, which
is intended to be for the enjoyment of the entire general population, and to see
how some of those pavilions are now occupied by the residents of those wooded
areas. I'm also wondering if she has, like, a 15-year-old daughter who, while
running around trying to train for her soccer team, ran past that area and into the
Wailoa State Park and then later on told me how creepy it was for her and her
friend to be running around in that area. I'm just wondering out loud. So, yes, I
want that place cleared. Absolutely.
But now, getting back to the substance of this matter. It's been implied, and not
wrongfully so, of course, that this zoning extension is tied in to the water bottling
plant project that was being discussed at the Planning Commission. I think it
would be disingenuous of anyone of us here to say it's not connected because it is
connected. We know that.
But by the time that it came to the County Council, which was about a month ago,
the matter at the Planning Commission had pretty much resolved itself, not
completely but pretty much. They had given a strong indication that they were
not going to approve that water bottling, well, the SMA (Special Management
Area)permit that would be necessary for them to move forward with the water
bottling facility. Now, we're one month hence. During that time, they actually
denied the SMA permit. And it was done so, as best I could tell, not so much on
the use of plastics but it had to do with the public trust doctrine. And that
becomes a very compelling argument in my opinion.
As a lawyer, I'm trying to analyze is there a way that these guys could actually
prevail on an appeal? It would be very difficult in my opinion. And the time and
energy and financial resources that would be devoted to such an undertaking
would be problematic for anyone. It would probably take years. And what's
going to be the end result? They would probably get it, at the best for that
applicant, is to have it come back remanded for the Planning Commission and
redo the whole thing over. And I don't think any appeal court, whether it's circuit
court or an appellate court, will overturn the decision. That's just my personal
opinion. The fact of the matter is I think the findings of facts and conclusions
have not yet been issued. I could be wrong. And during that time, there is a
period in which the applicant can file an appeal.
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Hawaii County Council-8 March 28,2019
My request today of this body is to at least postpone this matter until we see what
happens during that period of time in which the applicant can file an appeal. If
they file an appeal, at least we know. We know, right? If they don't, it's a moot
point.
Now, Ms. Kierkiewicz stated that she was against the water bottling plant the last
time, and now she's being the focus of all of these ethical complaints that kind of
puzzles me. I had actually spoken to Mr. Ueda, and I'm glad that he came up
today. And he can confirm that I had this conversation after our last meeting, or
our first meeting on this bill. And I told him, "Hey, Steve, I think a better use of
this property would be as a resort-zoned property to build a hotel. And just as I
stated earlier—and may I have more time on this?
ACTING CHR. EOFF: Go ahead.
MR. CHUNG: Just as I stated the last time about there being a dearth of fee
simple industrial-zoned properties in the Hilo area, I think a more pressing need is
for resort-zoned properties, which are fee. Look at the problem that we're having
in Banyan Drive because all of that is controlled by the State of Hawaii. We're
not able to make any improvements in that area. We need fee resort-zoned
properties in Hilo in order for us to kickstart our economy. And so, I did tell him
that. And I've also entered into discussions with the Big Island Visitors Bureau to
see if there is a need for that. They said, "Absolutely."
The problem here is that the General Plan has been changed since the time that
this property had the resort designation. And whoever saidI don't know who it
was. There were some people in Hilo who made the comment that this industrial
zoning is inconsistent with the General Plan. Absolutely wrong. This is
consistent with the current General Plan designation. It's inconsistent with a
resort development.
And the problem again—this just kind of goes on and on and on—is that we could
facilitate the development of a resort or hotel there. We could ask for a General
Plan amendment. But right now, the Planning Department is in the throes of its
review. And I think it's by County CodeI could be wrong. I think the County
Code precludes us from making any kind of amendment during that period. But I
think if we try to, if it's an idea that kind of warms up with various stakeholders, I
would actually try to make a move to amend that prohibition against amending
the General Plan during the General Plan amendment period because that's going
to take a long time.
I think if experience has proven anything, it's not going to happen overnight. But
that's my preference. But I'm going to be asking for a postponement so that at
least we know where we stand. If there isn't an appeal, then at least if people vote
in favor of it, they know it's to facilitate a water bottling facility. And they could
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Hawaii County Council-8 March 28,2019
vote "no" or "yes." At least we know where we stand. That's going to be my
suggestion or recommendation, and I'm going to make that motion right now to
postpone to the call of the Chair.
Motion to Postpone: Mr. Chung moved to postpone Bill 16 to the call of the
Chair. Seconded by Ms. Kierkiewicz.
ACTING CHR. EOFF: May I have any discussion on the postponement?
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Chair Chung, I really appreciate what you
just said. It takes a lot of the questions off the table and lets us come back to
where I think there's more clarity in where we're going. And I really appreciate
how you set that up, worded it, and where we're going. Thank you.
ACTING CHR. EOFF: Thank you. Any other comments on the postponement?
Seeing none, then, all in favor please say "aye."
Vote on Motion to The motion to postpone Bill 16 to the call of the Chair was
Postpone: carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 16 is postponed to the call of the Chair. Thank you
very much.
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Hawaii County Council-8 March 28,2019
Bill 23: AMENDS: (1) ORDINANCE NO. 09-049, WHICH AMENDED ORDINANCE
NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH
RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY
RESIDENTIAL—3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY
RESIDENTIAL—2,500 SQUARE FEET (RM-2.5) AND VILLAGE
COMMERCIAL 7,500 SQUARE FEET (CV-7.5), RESPECTIVELY, AT
HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, TAX
MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND
(2) ORDINANCE NO. 09-050, WHICH AMENDED ORDINANCE NO. 06-138,
WHICH AMENDED ORDINANCE NO. 90-010, WHICH AMENDED
ORDINANCE NO. 86-049, WHICH RECLASSIFIED LANDS FROM
MULTIPLE FAMILY RESIDENTIAL—2,000 SQUARE FEET (RM-2) TO
VILLAGE COMMERCIAL—7,500 SQUARE FEET (CV-7.5) AT
HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP
KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:064 AND 067)
(Applicant: T & M Properties, LLC (formerly Samson, LLC) (Area: approx.
6.467 Acres)
The Leeward Planning Commission forwards its favorable recommendation to
this amendment to change of zone Ordinances 09-49 and 09-50, to consolidate
these ordinances with one ordinance with a single set of conditions of approval.
The applicant is requesting a five-year time extension to Condition C (Complete
Construction), and to amend Conditions D (Dedicate Road Widening Strip), and
N (Fair Share Contribution). This amendment would allow the applicant to
develop a 104-unit senior independent living community. The property is located
along the north and east side of Hualalai Road, northwest of the Aloha Kona
Subdivision.
Reference: Comm. 92
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-9
Postponed: March 13, 2019
(Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Eoff, to approve
Bill 23.)
(Note: Comm. 92.2 from Council Member Karen Eoff, dated March 21, 2019,
transmitting proposed amendments to Bill 23, was circulated.)
Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to
Chair Chung.
CHR. CHUNG: Discussion? Ms. Eoff
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Hawaii County Council-8 March 28,2019
MS. EOFF: Thank you. I relinquished the chair because I have an amendment
that I would like to propose at this time if you folks have Communication 92.2.
Thank you, Mr. Fuke. You can come up to the table in case there's questions.
(Note: At this time, Sidney Fuke, applicant's representative, came
forward to address the members of the Council.)
MS. EOFF: So, we spoke about this in Committee and then we postponed it at
first reading `cause Mr. Fuke was out of town and I was working on this
amendment. There was a lot of discussion at the Planning Commission level
regarding this matter. And the sentiment there was that a senior living facility
was a very desirable project for that site, and they would like to see that reflected
in the bill.
So, we went through some discussion on that at Committee, and I worked with the
Planning Department. I learned a lot. I found out that we really don't do
contractual zoning, which was why, at the Planning Commission when they went
into Executive Session, they had a discussion about that and the Planning Director
did not advise putting that into a condition as a mandate. But after working with
staff, we came up with a way to state that language so that it would be all right,
and Corp. Counsel agreed.
So, what I'm doing in this amendment, first, is striking the language that was
given to us that said the proposed project should remain in concept an
independent senior living facility, basically `cause that was pretty unclear what
that really meant. And so, with that condition being struck, the rest of them have
to be re-lettered. So, now, there would be a new Condition C, and we added
language into that so that it would read, "Construction of the proposed
development as substantially represented by the applicant as an independent
senior living facility, or as permitted by its zoning district classification, shall be
completed within five years from the effective date of this ordinance."
So, basically, it memorializes the discussion about the representations made that it
would be developed as a senior living facility, but it doesn't cross the line into
contractual zoning. It still allows other uses. As we know, these zoning
ordinances allow a multitude of uses. But I just wanted to make sure that it's
memorialized, that the recommendations were made by the Planning Commission
and this Council, if you approve of this amendment.
But while we were looking at the ordinance, we came across a couple of other
vague statements. For instance, on the second page of my amendment, you'll see
amendments to Conditions F and G. It's the same amendment, but it changes
language that was stated very unusually that was in the discussion regarding road
improvements.
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Hawaii County Council-8 March 28,2019
And with these road improvements, there was a statement that said that, "unless
prevented by circumstances beyond the applicant's control or otherwise approved
by DPW" (Department of Public Works). So, we struck that and made the
statement a little more clear, that it's now not due to circumstances beyond the
applicant's control. But the only changes to that condition would be if they were
otherwise approved by the Department of Public Works, which is something that
Corp. Counsel helped me out with. So, those two.
And then, the very last thing here is Condition V, which adds language that makes
it clear that the recommendation from the Planning Commission was not to allow
an additional five-year time extension by the Director administratively, but that if
another five-year time extension should be needed, it would come back to the
Planning Commission and the County Council. That is sort of a trend that, after
listening to our first reading, that discussion, and then I went to a Planning
Commission hearing the other day that discussed time extension.
Since we are receiving a lot of requests for time extensions and we're a little bit
seemingly confused about what our role is and what options we have open to us
during the discussion on time extensions, I thought it would be prudent to
memorialize this statement into the amendment.
So, I guess that's about all I have to say. And I believe, well, Mr. Fuke, maybe
you can add something here. I know that the applicant would have desired an
administrative time extension, but I think that, from what you told me, everyone is
okay with this. And I know that staff at Planning has all approved of this
amendment as far as I can tell. If they're there, they can confirm that. But I think
we worked this over pretty well.
MR. FUKE: Good morning, Mr. Chairman, members of this Council. I've had a
number of discussions with Councilwoman Eoff on this matter, and she's also
shared her proposed amendments. I've discussed it with the owner's
representative, Mr. Brian Cook, who's seated in the back, and generally he
concurs with the proposed amendments.
I'd like to just kind of make two comments. One is, like, I think there's a slight
editorial change in your transmittal letter, Councilwoman Eoff. I think you
referred to, in Item Numbers 4 and 5, you referred to Conditions F and G. And I
think they should be E and F. I mean, I'm just looking at the bill itself. But it's a
very minor editorial thing, but it doesn't change the substance.
The other comment I'd like to share with members of this body is just this whole
notion of time extensions. This is a time extension. And the next application,
which I'm working on, also involves a time extension. What you will see is you
have different types of time extensions. You have situations where developers or
landowners are given the responsibility to perform within "x"period of time,
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Hawaii County Council-8 March 28,2019
whether it's five or ten years. In situations like that, there have been situations
where nothing has happened, and the land has gone over through multiple
landowners.
On the other hand, as like with the next application, Makalika 521, you have a
situation where the building has been occupied, they had construction plans
prepared for the road widening and the sidewalk improvements. It took them,
like, nearly 12 months to get them approved. Now, they need a time extension.
They're ready to construct, but they can't do it because they need a time
extension.
So, you'll have situations like that where, as I described to Councilwoman Eoff
the other day, it's like you have projects where you're, like, about five or six
months in the pregnancy process. So, there's no way you're going to abort. And
where your rights have almost been clearly vested. Alternatively, you have
situations where nothing has happened within the prescribed timetable.
So, I think that, at the end of the day, it really would be good for the department,
the commission, and this Council to look at these alternative scenarios and then to
develop a consistent formula approach in terms of how time extensions should be
considered. Having said that, the applicant is supportive of the recommendations
offered by Councilwoman Eoff and respectfully requests your approval of this.
Thank you.
MS. EOFF: Thank you, and I'll check out your comment about if the lettering
needs to be adjusted. I think we could do that by the next reading.
MR. HENRICKS: Madam Chair, I'm sorry, Ms. Eoff First of all, we need a
motion to amend. We haven't done that yet. But just for Mr. Fuke's benefit,
when Condition B was removed entirely, everything shifts up. So, if you notice
in the attached draft copy, the conditions are reflected as Mr. Fuke said, E and F
rather than F and G. So, should this be amended, the bill will reflect what
Mr. Fuke said.
MS. EOFF: Okay. Then, I guess I'll make that motion.
Motion to Amend: Ms. Eoff moved to amend Bill 23 with the contents of
Comm. 92.2. Seconded by Mr. Kaneali`i-Kleinfelder.
CHR. CHUNG: Discussion.
MS. EOFF: Sorry, I had my discussion.
CHR. CHUNG: It's discussed already. Anyone else?
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Hawaii County Council-8 March 28,2019
MS. DAVID: I just want toChair? I'm sorry.
CHR. CHUNG: Okay, go ahead, please, Maile.
MS. DAVID: Yes, Mr. Fuke and Ms. Eoff, I really want to thank you folks for
taking the time and coming up with something that's really, in my eyes, fair and
something that we need to actually address for future, down the road. I'm very
happy that the Leeward Planning Commission also dedicated some time to
acknowledge this situation because, definitely, there's different circumstances for
all of these requests for extensions. And what I think we want to encourage is we
want to encourage our mindful developers that are basically invested in our
communities and allow them the opportunity to either move forward with their
projects when they have valid reasons why they can't complete it by the deadline.
And I think you mentioned the other issue that's very concerning is the blatant use
of a zone change for resale purposes. And like you said, if that is to increase the
value of someone's property so they can get a higher amount, sell it to somebody
else, and they're not necessarily vested in this community and building things that
will support this island, then I think we have to be mindful about those things
because I think that's been happening a lot. So, I just wanted to say thank you for
always being accommodating and thoughtful in working with this body and
Council Members. So, I appreciate your, and the developer sitting back there,
your support of this amendment. So, thank you very much. I yield.
CHR. CHUNG: Okay, anyone else on the amendment? There being none, all
those in favor say "aye."
Vote on Motion to The motion to amend Bill 23 with the contents of
Amend: Comm. 92.2 was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Chair Chung—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
CHR. CHUNG: Motion carried. Back to the main motion.
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Hawaii County Council-8 March 28,2019
Vote on Bill 23: The motion to pass Bill 23, as amended to Draft 2, on first
Draft 2 reading and adopt Planning Committee Report No. 9 was
(Approved) carried by the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Chair Chung—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
CHR. CHUNG: Motion carried.
Relinquish Chair: At this time, Chair Chung relinquished the chair to Acting
Chair Eoff
Bill 33: AMENDS ORDINANCE NO. 06-107, WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)
TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-2-034:012
(Applicant: Makalika 521, LLC) (Area: 20,000 Square Feet)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow five-year time extensions to Condition B
(Time to Complete Conversion), Condition D (Future Road Widening), and
Condition E (Off-site Infrastructure Improvements). The extension would allow
the applicant to construct a new commercial structure intended for office and
small retail types of uses. The property is located at 680 Manono Street, along the
west side of Manono Street, midway between Kekuanao`a Street and
Hualani Street.
Reference: Comm. 134
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-13
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 33 on first reading and
adopt Planning Committee Report No. 13. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. Kierkiewicz, discussion?
MS. KIERKIEWICZ: I think we discussed this pretty thoroughly during our
Planning Committee meeting.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Okay, any questions, Council Members? Seeing none, all
in favor please say "aye."
Vote on Bill 33: The motion to pass Bill 33 on first reading and adopt
(Approved) Planning Committee Report No. 13 was carried by the
following voice vote:
Ayes: Council Members David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Chung and Poindexter—2.
Excused: None.
ACTING CHR. EOFF: Bill 33 will go to second reading.
Bill 24: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(Draft 2) CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL—
10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL—
20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSE LOTS 2ND SERIES,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-2-024:003
(Applicant: Bank of Hawaii) (Area: 40,282 Square Feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop a new,
single-story, 7,500 square foot office building to house banking functions, to
include a drive-through ATM and a 36-stall parking lot to accommodate
customers and employees. The property is located at 1339 Kino`ole Street, at the
northeast corner of its intersection with West Lanikaula Street.
Reference: Comm. 94.2
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: March 13, 2019
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 24, Draft 2, on second
and final reading. Seconded by Mr. Richards.
(Note: At this time, Sidney Fuke, applicant's representative, came
forward to address the members of the Council.)
ACTING CHR. EOFF: Any further discussion? Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Hi, Sid.
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Hawaii County Council-8 March 28,2019
MR. FUKE: Hi.
MR. KANEALI`I-KLEINFELDER: I just want to say thank you for being here.
You're always here, and I appreciate that. Thank you.
ACTING CHR. EOFF: Okay, thank you. If there are no further comments, then
all in favor please say "aye."
Vote on Bill 24: The motion to pass Bill 24, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 24, Draft 2, is adopted.
MR. FUKE: Thank you.
ACTING CHR. EOFF: Okay, thank you.
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you. We still have Planning Department staff here for
Bill 41.
ACTING CHR. EOFF: Okay.
MS. LEE LOY: And then we also have Public Works staff here for Bills 38, 39,
and 46.
ACTING CHR. EOFF: Okay, let's take care of those then.
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Hawaii County Council-8 March 28,2019
Bill 41: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Short Term Vacation Rental Registration Fees
account ($800,000); and appropriates the same to the Short Term Vacation Rental
Enforcement account. Funds would be used to hire temporary workers and
purchase software to implement the provisions of Ordinance 18-114.
Reference: Comm. 168
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 41 on first reading.
Seconded by Ms. Villegas.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Yes, I believe a waiver was requested from the department, the
reason being to implement this program as soon as possible. So, I'd like, if
Director Yee is in Hilo, I'd like them to explain this program and the urgency for
it. Thank you.
ACTING CHR. EOFF: Okay, thank you. Director Yee.
(Note: At this time, Planning Director Michael Yee and Administrative
Services Officer Douglas Le came forward to address the members of the
Council, via videoconferencing from Hilo.)
MR. YEE: Michael Yee, Planning Director, here. I'm going to let Douglas take
over again. He's been working out the details. But clearly, we're reaching the
final bend here with the rules hearing on April 2nd. So, we're getting ready to roll
out and have to be prepared with positions, but Douglas has some other details.
ACTING CHR. EOFF: Thank you.
MR. LE: Good morning, again. Douglas Le with Planning. I think, as this
Council's well aware, since this ordinance passed in December, our department
has been working on many levels to standup the rules as well as any
programmatic and operation elements that are needed by the effective date of
April 1st
On my side, overseeing the budget administrative items, I'm trying to understand
the market of vacation rentals out there, how our rules will shape who comes in
through the door and the timing of it. And then, also thinking about what our
needs are in terms of the expenses to run this program moving forward.
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Hawaii County Council-8 March 28,2019
We made this request, and we appreciate the Council's courtesy in terms of
foregoing first Committee reading. Because April I"is around the corner, we
wanted to act quickly in order to standup an account to receive the revenue that
we'll begin to see in April once we start receiving registrations, and also to have
the ability to hire a handful of temporary workers who can support us in helping
the public through what we project will be a significant increase of folks in our
doors both in Hilo and in Kona so we can try to expedite and make the most out
of applicants' time when they do come in to register or ask any questions about
their own vacation rental properties.
MS. DAVID: Thank you, Mr. Le. For now, I yield. Thank you for that
explanation.
ACTING CHR. EOFF: Okay, any other questions or comments?
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: How many people are you planning on
hiring to take care of this, a lot of people coming in to talk about STVRs (Short
Term Vacation Rentals)?
MR. LE: Sure. It's been an interesting process in just trying to project what
we're going to see on Day 1 versus on the very last day. It could go in a lot of
ways. And so, we're leaning on some flexibility. We're projecting a certain
revenue that will come in, and we'll be using 89-day contracts to be able to staff
up as needed.
Our initial plan, to get to your question, is really to hire a clerical position in Kona
and in Hilo to do completeness checks to make sure that, for folks who are
coming to register, they have the full information that they need so they're not
waiting in line to meet with one of our staff and then we have to turn them away
because they might be missing two or three pieces of information. So, we hope
that these clerical positions can be that first line of service for the public—to
answer if they have any questions, make sure they have everything they need
and then to see a more specialized clerical position who ends up reviewing and
making a determination with other staff on the STVR (Short Term Vacation
Rental) registrations.
We're trying to streamline the process. If there is additional demand where we
need to hire more, then we want to explore that option. But at this point, this is
our initial plan: one position that would be full-time in each office to manage the
inflow.
MR. KANEALI`I-KLEINFELDER: So, two full-time clerical employees.
MR. LE: That is correct.
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Hawaii County Council-8 March 28,2019
MR. KANEALI`I-KLEINFELDER: One in Kona and one in Hilo?
MR. LE: Yes.
MR. KANEALI`I-KLEINFELDER: And what is the need for $800,000, then?
MR. LE: So, the need is less around the fact that we will spend all of this
$800,000 in the remainder of this fiscal year. The $800,000, actually, is what we
project we could receive into the revenue as individuals come in to register with
our department. And so, the purpose of this bill is not only funding for some of
the expenses we'll begin to incur, but really to have a place in the budget for the
revenue that was unexpected when we first formed the budget last year for this
fiscal year.
MR. KANEALI`I-KLEINFELDER: So, we're appropriating money into a fund
to make room for the money coming to us
MR. LE: That is correct.
MR. KANEALI`I-KLEINFELDER: For, supposedly, next year.
MR. LE: We'll begin to receive this revenue this fiscal year when we start
registrations in April.
MR. KANEALI`I-KLEINFELDER: And then the enforcement side of this?
MR. LE: So, the bill creates an enforcement fund. Revenue in this fiscal year as
well as in future fiscal years will go into this fund. Enforcement activities will
really fall upon our existing inspectors as well as our Planning staff who do
inspections and handle complaints. We also have clerical staff in each office
land use plan checkers who receive complaints on a regular basis. They'll be part
of that team, with enforcement.
As we look to next year, we are looking to staff up and have additional resources
to be able to receive complaints and take action on enforcement. And this fund
would support those efforts moving forward.
MR. KANEALI`I-KLEINFELDER: As I remember, this was a, kind of,
complaint-driven enforcement. Does that still stand correct?
MR. LE: Yes.
MR. KANEALI`I-KLEINFELDER: And we're going to use our existing
inspectors to deal with these complaints or we're going to hire more staff?
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Hawaii County Council-8 March 28,2019
MR. LE: It's a good question. For this fiscal year in the months that will remain,
we have the positions we have. It's easier with this temporary position
mechanism to bring on clerical staff It's a little bit harder to kind of ramp up our
enforcement forces with inspectors. But as you all may be aware, we are
requesting additional positions on inspection for next fiscal year that would also
be funded by this fund from short term vacation rental enforcement.
And so, we are looking to build capacity. But over the next few months in this
fiscal year that this bill kind of pertains to, we are focused on registration right
now and will rely on our existing resources in this fiscal year to respond to any
enforcement actions that may be necessary.
MR. KANEALI`I-KLEINFELDER: How are you doing on inundation from the
public as far as questions about STVRs and how to register? And where are we at
with our online, kind of, presence as far as how to register and what the different
applications are for nonconforming, conforming?
MR. LE: Well, I'll start and handoff to Michael, too. In my work with our land
use plan checkers and our planners in both Kona and Hilo, they are getting a lot of
questions. A lot of individuals are reaching out with vacation rental properties,
about their specific situations, about what the next steps are, what they'll be asked
to provide. People are watching the rules development process.
Our staff have been responding to quite a number of inquiries and requests for
information from the public. There's a hearing scheduled next Tuesday as part of
the formal rules adoption. And shortly thereafter, the forms and other information
will be made public. But maybe Michael wants to fill in some of the gaps.
MR. YEE: I don't think there's much more to add to that. We've just got to get
past the rules hearing next Tuesday and then we want tothere's this delay with
having it filed with the Clerk to officially have it adopted. But we want to be able
to roll out the application processes soon after we get approval.
MR. KANEALI`I-KLEINFELDER: I agree. We have a lot of concerned people
in the community asking about how to register, and I know there is really a push
for us to make sure all of our nonconforming and conforming applications were
available to them so they can start getting a feel for what is coming. I just want to
make sure that we're still following along on that.
MR. YEE: Right. And with this opportunity here, I will make a plea out to the
public again in that, and I've messaged this through the HPR (Hawai`i Public
Radio) interviews and other things and other newspapers to just really encourage
folks to come in to talk to us now. If there is a question regarding your status, you
want to do this now. You don't want to wait until after April 1st. Again, we're
only a week away, but I'm highly encouraging the public to come in.
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Hawaii County Council-8 March 28,2019
MR. KANEALII-KLEINFELDER: Okay. And at the end of this fiscal year and
the start of the next fiscal year, will this $800,000 be sent back into the budget,
into the General Fund? Or is it going to stay here?
MR. LE: So, this is a new fund created by this ordinance. It's my understanding
that it'll operate like a revolving fund. That may not be the best way to frame it,
but revenue raised through this program will be deposited into the account and the
account will kind of grow and shift with each fiscal year. But it won't necessarily
go into the General Fund.
MR. KANEALII-KLEINFELDER: Okay, thank you. I yield.
ACTING CHR. EOFF: Okay, thank you. Any other questions or comments?
Okay, seeing none, all in favor please say "aye."
Vote on Bill 41: The motion to pass Bill 41 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 41 will go to second reading.
Bill 38: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII
(Draft 2) 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. 156.2
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-3
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Hawaii County Council-8 March 28,2019
Vote on Bill 38: Ms. Lee Loy moved to pass Bill 38, Draft 2, on first
Draft 2 reading and adopt Public Works and Mass Transit
(Approved) Committee Report No. 3. Seconded by Mr. Richards and
carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 38, Draft 2, goes to second reading.
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)
Approve: PWMTC-4
Vote on Bill 39: Ms. Lee Loy moved to pass Bill 39 on first reading and
(Approved) adopt Public Works and Mass Transit Committee Report
No. 4. Seconded by Mr. Kaneali`i-Kleinfelder and carried
by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 39 goes to second reading.
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Hawaii County Council-8 March 28,2019
Bill 46: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Adds the Public Works Highway 132 Road Restoration project to the Capital
Budget: Federal Highway Administration ($40 million) and County
($10 million), for a total appropriation of$50 million. Funds for this project shall
be provided from Federal Grants Receivable ($40 million) and General
Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources
($10 million). Funds would be used to restore 3.2 miles of road which is
inundated by lava, in order to provide property owner access and connectivity to
Highway 137.
Reference: Comm. 180
Intr. by: Ms. Kierkiewicz
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 46 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Discussion.
MS. KIERKIEWICZ: I just wanted to invite up anybody from Public Works that
might be there in Hilo to just provide an overview of these funds. I'm going to
be, obviously, wholeheartedly supporting this measure. It's great that we have
money from the Federal government for Highway 132 restoration and various
connectivity. But just hoping to better understand the public assistance fund
process and the timeline for when we can start expecting some work on 132.
Anyone from Public Works there in Hilo?
(Note: At this time, Public Works Director David Yamamoto and Deputy
Director Allan Simeon came forward to address the members of the
Council, via videoconferencing from Hilo.)
MS. KIERKIEWICZ: Oh, both the Director and Deputy. Aloha, David and
Allan. Nice to see you. Thanks for joining us.
MR. YAMAMOTO: Good morning. I'm David Yamamoto, Director of Public
Works. We actually have gotten started on the design and permitting process that
is required for the restoration of Highway 132. We are in the process of entering
into contracts with a surveyor to do the drone study. We also have a contract to
do the NEPA (National Environmental Policy Act) CAT-X (Categorical
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Hawaii County Council-8 March 28,2019
Exclusion). We submitted the grading permit and NPDES (National Pollution
Discharge Elimination System)permit application, and we're trying to establish a
contract to do the alternative study.
So, we're moving forward in trying to move ahead with the temporary road for
132 and require establishing these accounts for the County as well as the Federal
share that would be funding the work.
MS. KIERKIEWICZ: Thank you, Director. Just a couple of follow up questions.
How does this alternate study that you mentioned affect the work that you are
currently doing with Highway 132 restoration?
MR. YAMAMOTO: It doesn't affect the temporary road, but the permanent
restoration of the road might get affected based on the findings of the alternate
study.
MS. KIERKIEWICZ: And that alternate study essentially means that you are
looking at potentially alternative routes to the area, not necessarily existing right-
of-way?
MR. YAMAMOTO: Correct.
MS. KIERKIEWICZ: Okay. And then, I know that you are trying to take
advantage of a deadline in October—I think October 5'h so that we can get
100 percent reimbursement from the Federal government for completion of 132.
Can you elaborate on that, please?
MR. YAMAMOTO: Correct. The Federal Highways has approved the
100 percent funding for the temporary road, and the alternative study would
determine what happens thereafter. But we have to complete the temporary road
by October 4fh to be able to participate in the Federal funding.
MS. KIERKIEWICZ: Okay, great. So, a lot of movement and action on your
front. Thank you, guys, and your staff so much for your hard and quick work on
working to get folks home. It's much appreciated by myself and, I know,
community members. Chair, I yield.
ACTING CHR. EOFF: Okay, thank you. Any other questions or comments?
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Good morning, David. Good morning,
Allan.
MR. SIMEON: Good morning.
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Hawaii County Council-8 March 28,2019
MR. YAMAMOTO: Good morning.
MR. KANEALI`I-KLEINFELDER: How much does it cost to do a mile of brand
new highway in general, average?
MR. SIMEON: Based on the previous projects that had been done before, it's in
the borderline of about 7-10 million, depending on what is being done. In this
case, the estimate that we have provided so far in the absence of a survey, we
assume 5-10 foot, both cut and fill. So, a lot of the costs associated with the
estimated value that we provided is with the excavation and backfill. So, until we
have a completed survey that we can base our design from, it's, at this point, hard
to say. We did receive from the environmental consultant a flyover drone photo.
It appears that for Highway 132, there are areas that already go up and down
many feet, tens of feet. So, that would affect, later on, the overall cost of
providing the temporary road.
MR. KANEALI`I-KLEINFELDER: Okay. So, our estimate of$15 million is
taking into account about $32 million max for the 3.2 miles at about 10 million a
mile, and then another 18 million for possible clearing and excavation?
MR. SIMEON: Yes. So, currently, we have provided so far, through also FEMA,
is about, for construction, it's about 54 million. I'm sorry, not FEMA, but
through Federal Highways.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. SIMEON: But we're in the process. As soon as we get the survey report
and data, we'll take that and continue the design that we are now preparing for.
We also have contacted other organizations if they can help us, if they can
provide us with their existing LIDAR (Light Detection and Ranging) or drone.
But unless we can use this data, it's not, that's something that we can use for the
design detailed estimate.
MR. KANEALI`I-KLEINFELDER: Okay. Is this just for the restoration of the
highway or is this to do anything else?
MR. YAMAMOTO: No,just the restoration of the highway.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you for this. I appreciate that.
I support this in full. I just was wondering about the numbers and the
background. I yield. Thank you.
ACTING CHR. EOFF: Thank you. Any other questions?
MS. LEE LOY: Yes, Chair.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you. There's been some misinformation out there in the
community about this particular road and how we're moving forward and,
specifically, the LIDAR mapping. So, Allan, I actually want you to kind of lean
in a little bit more about that LIDAR mapping and what type of data that provides,
which then drives some of the cut and fill and grade that's needed to drive the
design of this roadway. And then, also, the right of way, how large this roadway
is.
And I also appreciate some of the collaboration you're doing that you mentioned
`cause that was a conversation I had about maybe Hawaii Volcanoes Observatory
and other scientists who are mapping the flow for other scientific reasons may
have some of this LIDAR mapping available. Could you please share a little bit
more about that?
MR. SIMEON: So, actually, we received something from Dr. K. We checked
with our surveyor and our engineers. They also have some communication with
Dr. K. And basically, from the last communication that we received from our
surveyor that he had talked to Dr. K, they hadn't finished the data yet. So, we're
looking forward to seeing that.
I can also let you know that we had talked to Mr. Lyman, who indicated that, I
guess, if there's a way that he can help, we just have to let him know. What I'm
trying to drive to is, basically, PGV (Puna Geothermal Venture) had done some
drone or LIDAR survey for its area, and see what we can use at least, again, to get
an initial idea of how is the terrain in that area.
And to answer as far as what kind of road that we're looking at for Highway 132
and at least for 137, at least we're looking at 12-foot lanes, one in each direction,
and also 10-foot shoulders. Of course, we're going to be cutting into the lava or
filling in, so we need that extra width on both sides to do the cut and fill.
Technically, from what we are provided for Highway 137, for example we have a
60-foot right-of-way in that area.
MS. LEE LOY: Thank you for that information. And again,just trying to be as
transparent as possible. The other question I had, as you mentioned we are still
moving forward on our grading-grubbing permit, our NEPA permit, and then our
NPDES permit. Can you share, again, the timeline of all of that and how we're
trying to do some concurrent processing with requesting of those permits, along
with how this design and the data are flowing?
MR. SIMEON: So, as you mentioned, we have the NEPA CAT-X and also the
NPDES grading permit. And although it may not be required, we are consulting
on the SMA with Planning.
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Hawaii County Council-8 March 28,2019
So, as far as the NPDES--oh, let me start with the NEPA CAT-X. So, once our
consultant is done with this work, we have to submit the determination to DOT
(Department of Transportation) and then I believe they would have to submit that
to Federal Highway. And in the mix should be the DLNR (Hawai`i Department
of Land and Natural Resources). So, depending on our findings and if they do
concur or if they need more work to be done or whatever that needs to be done on
their end to have them satisfied to provide concurrence, that may take time.
As far as NPDES, because we are disturbing more than one acre, normally the
NPDES process may take actually six months. But as we have communicated
before, we have already reached out or are reaching out to our colleagues and the
different agencies to see if they can help us in any way to facilitate these permits.
Grading permit, that's within the County but also involves SHPD (State Historic
Preservation Division). SMA is with Planning. And the other thing that we are
also working on, we have sent out the right of entry for Highway 132 and
Pohoiki. And we have seen some right of entries starting to come back.
MS. LEE LOY: Thank you for that. I mean, I know everybody's really anxious
to get this going, but there are still a number of required permits and those things
take a while. I just want the larger public to hear, managing these types of
expectations, but how this department really has put a pin in all the different
permits required and have already started those conversations. If there is anything
I can do to help with our State, especially our State agencies, you know,just to
put the bug in their ear and in any way we can try and urge some fast tracking, I
stand ready to do that. So, thank you. I yield.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all
in favor please say "aye."
Vote on Bill 46: The motion to pass Bill 46 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 46 will go to second reading. I would like to ask
Roy Takemoto and Diane Ley if they're ready, we can go ahead and take Bills 36
and 37. But we'll have to read them in separately. But if we read in Bill 36, I
guess you could make your presentation.
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Hawaii County Council-8 March 28,2019
Bill 36: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants —Lava Disaster Assistance—State
account ($20,000,000); and appropriates the same to the Lava Disaster
Assistance—State account. Funds would be used to provide relief, recovery,
mitigation, and remediation assistance for damage, losses, and suffering caused
by the 2018 Kilauea eruption.
Reference: Comm. 153
Intr. by: Ms. Kierkiewicz
First Reading: March 13, 2019
(Note: Comm. 153.5 from Research and Development Director Diane L. Ley,
dated March 27, 2019, transmitting a PowerPoint presentation, was circulated.)
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 36 on second and final
reading. Seconded by Mr. Richards.
ACTING CHR. EOFF: Mr. Clerk,just a procedural question. I know their
presentation covers Bill 36 and Bill 37, as per the Council's request. Do we need
to read in both of them for them to do their presentation?
MR. HENRICKS: That's okay. We can just proceed.
ACTING CHR. EOFF: All right. So, we'll go ahead with the motion on the floor
to approve Bill 36. You guys can go ahead.
(Note: At this time, Department of Research and Development
Director Diane Ley and Executive Assistant to the Mayor Roy
Takemoto came forward and gave a PowerPoint presentation to the
members of the Council. For viewing of the subject presentation,
see the DVD copy of the meeting proceedings on file in the Clerk's
Office. A copy of the PowerPoint presentation is made a part of
the record, see Comm. 153.5.)
ACTING CHR. EOFF: Okay, thank you. Thank you very much. I'm going to
open it up for Council Members. Do you have any questions or comments? Go
ahead, Mr. Chung.
MR. CHUNG: I wanted to thank Diane for providing this to us. It provides a bit
more detail, not complete detail. I mean, we're not asking for real complete
detail, but what, I wouldn't say concerns me, but what kind of pops out
immediately is that under this page, "long-term recovery outcomes," you have the
whopping total of$162,960,300, right. I guess that anticipates about 120 from the
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Hawaii County Council-8 March 28,2019
Federal government. So, that leaves about $42 million. And you guys just have,
like, three little popups here for "Mitigation Risk," "Build Complete
Communities," "Build a Resilient Economy."
This is the biggest number that we have here, and I would think there might be
more detail in that regard. I mean, it doesn't have to be forthcomingI mean, it
has to be forthcoming, but it doesn't have to be done right now. But I'm just
surprised that it would have the shortest discussion, really. Everything else you
kind of went into detail. That's just a comment.
It is somewhat difficult to really understand because, under all of these
subcategories, you guys have comingled the different accounts, which you will be
able to do at some point. But in terms of allowing us to digest all of these
different concepts and ideas and projects, it was very difficult for me. I cannot
speak for my colleagues.
But I really want to credit you, Diane, for trying to move this thing along. I
appreciate that. I think what's going to be, in my mind, and really I'm going to
defer to the Council Members from Puna in this regard, but it's building complete
communities. That is going to be one of the major, I wouldn't say sticking points,
but it's going to be something that's going to require more discussion `cause that
seems to be the Mayor's plan. I don't know if it's something that our group
shares. I really can't say. But I really thank you for at least bringing something
up right now. We're going to need more detail as time goes on, but this is really
moving in the right direction. I really do appreciate that, Diane. Thanks.
MS. LEY: Would you like us to respond to some of your concerns? Is that
appropriate? Yes? Oh, okay. And, Roy, please jump in. So, the idea of more
detail for the long-term recovery, we know that's needed. And we've been
working diligently to bring on board professionals that know how to respond to
significant-sized disasters that can help us with planning out that process because
recovery is not just one component. It is multifaceted. It is complex, and the
pieces need to be in place to move forward.
So, as Roy indicated, the contract is being executed now. So, we're very happy
about that. Part of that demand of the contractor is that they turn it around in a
short turn-around timeframe by the end of this year because we do need to move.
We've been working on different pieces of that, and we have information to share
with them. So, hopefully, that will help speed that up and that will help be able to
integrate that.
We also anticipate being able to apply for the Community Development Block
Grant disaster relief funds, and that will also require some of these components to
be flushed out. So, those are a couple points.
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Hawaii County Council-8 March 28,2019
And then, I just want to also address the "building complete communities." That
may not mean a subdivision. That may mean holistic communities where there is
safe housing, where there's accessibility to services and educational institutions
and where communities come together and work as one, whether it's through their
religious affiliation and their sporting groups and things like that. So, again, it's
more holistic in approach. And then, I guess I would maybe defer to Roy if he
wants to discuss comingling of funds.
MR. CHUNG: No, Diane. With regards to the holistic communities approach, is
that something that was, or the need, was the need created by the disaster?
MR. TAKEMOTO: These new, not necessarily new communities, but whatever
is going to be done is in accordance with the Puna Community Development Plan.
That's the way our preliminary planning has been guided in coming up with
estimates. And whatever is ultimately going to be done is through public
engagement processes and through the case management `cause we need to know
exactly what the needs are in order to know what the real rural demand is. We
may build these communities and then they may not be what they want. So, the
case management is key to figuring out what actually we should be planning for.
MR. CHUNG: My question was whether these holistic communities were, well,
the need for it, whether it was created by the disaster. That was my question.
MR. TAKEMOTO: Yes. So, I told you it's in accordance with the Puna
Community Development Plan. So, when we have to relocate some of them, it
would be
MR. CHUNG: No, wait, Roy. Hold it, Roy. I know what you said. You didn't
answer my question. That's okay. We'll just
MS. LEY: I think I can answer.
MR. CHUNG: That's something that we're going to have to think about at some
point, all right.
MS. LEY: I think what's happened is the disaster has exacerbated many of the
issues that have been ongoing in Puna. And really, it's disrupted the community
that was making do in some cases. And things have changed: The landscape has
changed, people's property, the value of their property, their jobs. Our visitor
sector has shifted, and it's not going to be the same for a while. So, we've got to
work together, and we've got to look at this comprehensively. So, that's the idea
behind this.
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Hawaii County Council-8 March 28,2019
We want to use the guidance that was given to us in the General Plan, the
community development plan, as Roy said, but also that individual input. But
we've got to move quickly on this.
MR. CHUNG: Move quickly on what?
MS. LEY: On addressing needs and
MR. CHUNG: I'm just talking about the long-term recovery, and this is
something that you guys have told us over and over that it's going to take a long
time to really develop. And then, now you're saying we've got to move quickly.
Never mind.
MS. LEY: Well, I guess
MR. CHUNG: Never mind, Diane.
MS. LEY: Yeah, okay.
MR. CHUNG: Just stop.
MS. LEY: Okay.
MR. CHUNG: You guys talk about this contractor that you guys are going to be
entering into an agreement with. Who is that, and what's the scope of that
contract specifically and how much?
MR. TAKEMOTO: The contract is for 1.6 million with additional services of
269,000 if we get the CDBG-DR (Community Development Block Grant-Disaster
Relief) to prepare the action plan that's required for the CDBG-DR. The scope of
this consultant will be to do the analysis of the housing needs and the related
infrastructure needs. So, the outcome would be a whole list of projects and how
they will be funded. And the process to come up with that will be an extensive
engagement with the community as well as with other stakeholders like
yourselves, builders, etcetera.
MR. CHUNG: This is a non-bid contract?
MR. TAKEMOTO: It was through professional services.
MR. CHUNG: A professional services contract. And which group of money or
monies is this coming from, the 1.6?
MR. TAKEMOTO: The Governor's tentative allocation.
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Hawaii County Council-8 March 28,2019
MR. CHUNG: Okay. And who is the contractor?
MR. TAKEMOTO: Tetra Tech.
MR. CHUNG: Tetra Tech.
MR. TAKEMOTO: They're a national firm with a strong Hawaii presence.
MR. CHUNG: Okay.
MR. TAKEMOTO: They've done several multi-hazard mitigation plans.
They've done for the states and various counties here in Hawaii. They've done
the sea level rise study here in Hawaii.
MR. CHUNG: So, this is a company that you guys identified and approached
them? Or was it where you solicited a proposal?
MR. TAKEMOTO: Through the professional services list, which Planning has
for planning consultants, and we sent out an inquiry in anticipation of this to see if
there was any nationwide interest.
MR. CHUNG: Okay. All right, thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments or questions?
Mr. Richards.
MR. RICHARDS: Thank you, Chair. And thank you, Diane and Roy, for being
here. I have to agree with Chair Chung that it will take a little while to digest
some of this, probably more than just a little while to digest it all.
A couple of things that I am questioning on, and, Chair, I know we have a
direction from the Legislature as far as overseeing the funding. So, we're going
to, at some point, have some conversation on how we're going to be doing that.
But it's my understanding that our funding is a 25 percent, 75 percent for the
Federal match. Is that a correct statement, Diane or Roy?
MR. TAKEMOTO: Yeah. For the public assistance, yeah.
MR. RICHARDS: So, if we have 60 million, if we multiply that, that should be
180 million, and this looks like 160 million from what I'm seeing in the numbers.
Can you work on those or clear that discrepancy up for me?
MR. TAKEMOTO: The 40 million is what is being anticipated for the 25 percent
match for the FEMA public assistance. So, that would match 120 million of
public assistance.
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Hawaii County Council-8 March 28,2019
MR. RICHARDS: Okay. So, the other 20 doesn't qualify for the match?
MR. TAKEMOTO: The other 20 million we understood was available to address
other needs. But the 40 million in particular, which was set up, I guess, as a loan
anticipating reimbursement from FEMA, where the 20 million was a grant.
MR. RICHARDS: Right. But grant or loan, can't we use all that to leverage for
more funding?
MR. TAKEMOTO: Yeah, so as far as the leveraging for matching funds, besides
the 40 million, if we get the CDBG-DR, that would be—that is a unique Federal
funding source that we understand can be used to match other Federal funding.
So, the consultant that we hired has a lot of experience in helping us figure out the
best way to leverage the funding that we get.
MR. RICHARDS: Okay. So, then, what I'm hearing is that these numbers are a
little bit soft as far as what we may be actually striving towards. This is the first
crack at it, and we don't have the full report back from the consultant. Is that
what I'm hearing?
MR. TAKEMOTO: No report from the consultant. Okay, so, theI'm not sure
what you mean by "soft." `Cause the 120 million public assistance money, which
may be more, like you mentioned, up to about 160 is the estimate. That money
would be coming to us if all the cost estimates work out and FEMA approves that
money. Then, we need to find the match. So far, we have 40 million of that as
match available. So, if we need another 20 million, then we need to find that
additional 20 million.
MR. RICHARDS: Okay, I think I'm getting that part. Okay, now, shift gears a
little bit. Part of this, and, Diane, you mentioned this is about the economic
recovery. And—reading so much nowadaysI think it was last night or maybe it
was the night before, I was reading about how tourism saw the first dip for two
months in a long time, which sends a little shudder through us as far as our
economic recovery. The physical damage is done in East Hawaii through the
lava inundation, but the economic damage is a countywide thing. And we've
talked about this before. It is going to be a long recovery as we start going
towards that.
Another caveat to this is the damage from Hurricane Lane. When we were at the
Legislature testifying, the Representatives were saying this package is inclusive of
that as well. Is that correct? You're not going to come back to us for more
money? That was a question posed to us when we were testifying.
MS. LEY: We're not going to go back to the Legislature for more money for
Hurricane Lane?
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Hawaii County Council-8 March 28,2019
MR. RICHARDS: Correct, for Hurricane Lane. Looks like this is news to you.
MS. LEY: So, my understanding is
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council, via videoconferencing from Hilo.)
MS. SAKO: Can I share something?
MS. LEE LOY: Chair?
ACTING CHR. EOFF: I think the Finance Director
MS. LEE LOY: We have Deanna here who wants to respond.
MS. LEY: Thank you.
MS. SAKO: Hi. Deanna Sako, Director of Finance. My understanding is that
this money is just for the lava assistance and that we will be taking care of
Hurricane Lane matches on our own. And that was agreed to with House
leadership and others at the Legislature.
MR. RICHARDS: Okay. Still fuzzy on that. I might have to look into that a
little bit further. Next time, I'll have to digest a little bit more. I'll yield at this
point.
ACTING CHR. EOFF: Thank you. Did you want to finish your thought?
MR. CHUNG: I have a little bit more questions about this contract. Is it only
geared towards the disaster area or outlying affected areas, or is it an island-wide
contract?
MR. TAKEMOTO: The technical scope of the contract is island-wide. It's to
cover the overall effects of this particular disaster, which included the air quality
and earthquake.
MR. CHUNG: So, it is related to the disaster itself, though.
MR. TAKEMOTO: Oh, yeah.
MR. CHUNG: So, it's not going to be what kind of transportation needs we have
throughout the island or what roads need to ?
MR. TAKEMOTO: No.
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Hawaii County Council-8 March 28,2019
MR. CHUNG: Okay. As long as it's related to the disaster, that's fine. How
about this? I'm looking at this "get people back to work" category, yeah,
$700,000. Everything that we've been told is that this disaster really wreaked
havoc on the economic wellbeing of those affected areas. And I'm just
wondering if 700,000 is enough, really. Of course, I know that there are other
things related to the economic piece, whether it be housing. But from your
perspective, Diane, what caused the economic downturn in, let's say, Pahoa and
even Volcano? I mean, was it tourism and maybe lack of having tourists because
Vacationland went down or no volcano, no eruption? What drove their economy
to begin with?
MS. LEY: So much of the economy of this island is
MR. CHUNG: Well, I'm thinking more the affected areas.
MS. LEY: Right. So, the affected communities were certainly impacted—let me
just start. The affected communities were impacted by tourism, particularly, I
think, the Volcano Village area, Mountain View, the areas along the Highway 11
corridor: Na`alehu, Pahala, Mountain View.
So, those businesses along that corridor and the Volcano Village area, the national
park and those components of the businesses that work within that area were
certainly affected by, and I'll just call it, some of media, if I may, hysteria.
People thought that Honolulu was blowing up or lava was coming out of
Diamond Head. So, way more than it needed to be. I mean, we certainly had
impacts and we had disruption but visitors could still safely come here and visit.
Many amenities and businesses and
MR. CHUNG: So, tourism exacerbated by media hysteria.
MS. LEY: Yes.
MR. CHUNG: Okay.
MS. LEY: And luckily our partners with Hawaii Tourism Authority and the
Island of Hawaii Visitors Bureau did a lot of push back on that and a lot of
extensive marketing and misinformation correction. And so, we thank them for
MR. CHUNG: And of course, well, I think we all realize that it's not just that
area but island-wide. But really, those guys took a substantial hit, right, Pahoa?
MS. LEY: They did, yeah. And then for Pahoa, I think some of the disruption in
business was the fact that communities were disrupted. We had a significant
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Hawaii County Council-8 March 28,2019
evacuation of people, not only in the areas that were directly impacted by lava but
we also had a number of weeks of very heavy gas emissions where people chose
voluntarily to leave.
MR. CHUNG: Okay. So, is it coming back?
MS. LEY: Is it coming, what?
MR. CHUNG: Are the businesses now recovering now that there are no gas
emissions and the relocation ?
MS. LEY: I think, to some degree, some of the restaurants are doing better. I
haven't been keeping a direct pulse on that, but I think we've got to continue to
reinvigorate. We've got to look at and work with our visitor sector to look at the
visitor experience; the product, if you will—that's their technical term. Where do
visitors go? What do they see? How do they experience it? These are all
opportunities.
MR. CHUNG: Roy, so, that piece is not a part of your contract, right? It's more
housing and infrastructure, right?
MS. LEY: Actually, we have another contract. The Federal Economic
Development Administration has provided us with a grant for 250,000. We need
to match that, so we're going to use some of the State dollars for that purpose.
But that will give us an economic recovery plan. I know that sounds like a lot of
money, but these will be good technical
MR. CHUNG: Is it part of the 700,000 that's our match?
MR. TAKEMOTO: The match is
MS. LEY: It's from the Governor's
MR. CHUNG: No, I mean, is it part of this 700,000 to get the people back to
where it's a different ?
MR. TAKEMOTO: It's the last line item.
MS. LEY: Build Resilient Economy. There's a
MR. CHUNG: Oh, okay.
MR. TAKEMOTO: 250 from
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Hawaii County Council-8 March 28,2019
MS. LEY: 250,000 from EDA (Economic Development Administration) grants
and 250 from the Governor's 10 million.
MR. CHUNG: Well, you know what I would suggest, and it's only my feeling,
we've got to infuse more money into this get-people-back-to-work component.
The reason for it is this—and you've kind of touched upon it, Diane—if a lot of
this was created by media hysteria, we've got to switch them. We have to turn it
around. And it cannot only be community based. It has to be something where
we can reach out to the greater global community to get them to understand that,
"Hey, it's over. You can come back now."
MS. LEY: So, it's my understanding that our Visitors Bureau will be coming
back with additional resources.
MR. CHUNG: Who?
MS. LEY: The Visitors Bureau will be coming back with additional resources for
branding and marketing—well, they're going to need more marketing dollars. So,
yes, we need to do more of that. Part of this economic development recovery plan
is also going to be fast-tracked. The consultant should be onboard soon. That
was a professional services contract process. So, we want to turn this around
quickly. Once this plan is adopted and approved by EDA, it'll also allow us to
qualify for additional grants from EDA.
MR. CHUNG: Well, keep us informed as to what's going on on that one.
MS. LEY: Okay. I'd be happy to do that.
MR. CHUNG: But you talked about the Big Island Visitors Bureau infusing more
money, but that means they're taking away from other aspects, too. And what
I'm thinking about is we might have to assist them with more grants. And that's
what I'm talking about, beefing up this $700,000 total so that we can provide
more grants and then they can make that global outreach. Right? And that's all.
Thank you.
ACTING CHR. EOFF: Okay, Ms. Kierkiewicz, I'm sorry.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Diane and Roy, for being
here and for the presentation. I will say that all this information is making my
head spin. I appreciate the details, but it gets really confusing when we see the
comingling of funds for the various verticals that you've identified. Can you
share with me who the individuals were that were driving the decision-making
around how these various monies could potentially be spent? Who is involved in
creating this plan?
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Hawaii County Council-8 March 28,2019
MS. LEY: So, as you know, the Administration has a recovery team of myself,
Roy Takemoto, Ron Whitmore, Sharon Hirota, Michael Yee. The Deputy at
Planning was previously involved, Daryn Arai, prior Deputy. Obviously, Public
Works is involved, David Yamamoto and Allan Simeon. And periodically, Civil
Defense weighs in and Parks and Recreation leadership, and the Mayor—we
check in with him—as well as Deanna Sako. So, checking in with folks. We are
also, obviously, we've been having conversations with Council Members,
legislators, the Governor's office, and departments that have impact both at the
State level and Federal.
And particularly, I think, in the Federal, some of the grants that are being
provided have specific deliverables. They've reached out to us and said these
resources are available, whether they're FEMA grants or EDA, the Economic
Development Administration grant. And they have specific criteria that we have
to meet. And so, that's helped to drive some of these decisions. Roy, I don't
know if you want to elaborate.
MR. TAKEMOTO: The housing ideas came from that task force.
MS. KIERKIEWICZ: The land trust task force? Which task force?
MR. TAKEMOTO: No, the
MS. KIERKIEWICZ: Housing task force?
MR. TAKEMOTO: Yes.
MS. KIERKIEWICZ: That grew out of the eruption meetings. Okay. I have to
agree with Chair Chung that I'm a little bit concerned that not even $2 million has
been allocated for economic development, yet we're looking at pumping
21 million into housing. I think we really need to reconsider those figures. Pahoa
is nowhere near thriving. They are just getting by, and we need to infuse a lot
more cash into turning that economic engine once again.
I also think that these community-based programs, the Puna Strong grants are a
good idea, but we need more money behind that as well. The community knows
what it needs. We need to be able to support what they know needs to happen to
rebuild lives once again.
Roy, can you just list for me again the various studies that you're hoping to pay
for with these monies? You mentioned something about a study on how to
incentivize individuals to rent to lava survivors. There is also studies about rent
subsidies and deposit assistance. Could you just be a little bit more clear?
There's a lot of studies going on, and I just wonder. There's a lot of money being
put behind more studies when I feel I think we have a lot of studies that are
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Hawaii County Council-8 March 28,2019
currently on our plate. And we have mechanisms already out there, particularly
the case management grant contract that I think can inform us in terms of how we
spend down some of this money for housing needs.
MR. TAKEMOTO: What I mentioned are not studies.
MS. KIERKIEWICZ: Okay.
MR. TAKEMOTO: I said "pilot." Pilot studies, but pilot in actually doing it.
MS. KIERKIEWICZ: Okay.
MR. TAKEMOTO: I mean, I don't know what to call it. Pilot projects, then.
MS. KIERKIEWICZ: Okay, so it's not a study. It's a pilot project. The
framework for implementation is there, and now we're just going to put some
seed money behind pilot projects to see if they are successful. And if they are,
then we can potentially kick more resources behind it.
MR. TAKEMOTO: Exactly.
MS. KIERKIEWICZ: Okay. Not "pilot study," "pilot project." Okay. That
makes me a little bit more comfortable. Can you talk a little bit about the
recovery team that you're trying to standup the $4.8 million for temporary
positions? It's kind of a lot of money. How many positions are we looking at?
MR. TAKEMOTO: That is a lengthy discussion that we should have `cause that
anticipates—one of the lessons learned from this disaster is that we should
probably have in place a pre-approved recovery structure, a framework with all
the temporary positions that we already created and what triggers the filling of
those positions and the standing up of this organization.
There is a draft report by none other than Tetra Tech on a recovery framework
guidance report that recommends that counties like us have an ordinance that
defines this framework that also defines reconstruction policies. That was another
challenge that we had in this disaster in when and how we allow people to go
back and rebuild. So, this framework and reconstruction policy should be an
ordinance that we should discuss, and that should be the context in which we
should describe to you and have your buy-in on all of these temporary positions.
But in the meantime, we are needing to fill them. So, we're proposing, like, the
disaster case management. Eventually, we'll need an overall recovery manager
and all of these other positions. The whole philosophy is that we don't want to
bloat government. These are temporary positions. They get filled when they're
needed, and they die when they're not needed. Some of these positions get
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Hawaii County Council-8 March 28,2019
embedded in existing departments to give them capacity during these disaster
events. So, we have drafts of all of that, and we can have a workshop or
something that we can schedule later to go over all of this.
MS. KIERKIEWICZ: Okay. I'm disappointed not to see anything in here for our
farmers. Maybe I missed it, but nothing was specifically called out to help
agriculture for the area. And I know that's a major driver for Puna. We had
preliminarily, Director Ley and I, discussed the potential for a food ag impact hub
of this sort, and I wonder if maybe we can pull some money of what's been
potentially allocated for housing needs to kickstart a food ag impact hub for the
area. I'm just trying to think of things that we can do right now that will have
long-term positive impacts and really help people get on their feet, not just today
but way into the future.
MS. LEY: So, on a note like that, we can use two sources. One is the economic
development—well, let me just back up very quickly. We want to push that
forward. We'll probably end up doing some workshops to get the idea out there,
what is a food hub. Get businesses thinking about how can they participate, what
would their role be, do they have a need for this, and pulling those ideas together.
R&D (Department of Research and Development)has money that it can put
towards that if there's not available in here, or we could carve it out of here.
Either way. We want to move that forward quickly to get that basic piece out
there. And then some analysis. And then, does government build this food hub or
multiple food hubs or does private sector? So, kind of getting to those decisions, I
think, is a little bit, you know, we need to make sure we know which way we
want to go.
But there are other additional resources that can help fund those initiatives
through U. S. Department of Agriculture, rural development programs as well as
through the economic development administration. Again, by doing this recovery
plan, that will help us set in place opportunities to be able to move up and secure a
place at least for consideration for EDA grants. So, I think that will be helpful,
too.
MR. TAKEMOTO: But there is $200,000 in there, the last row under the
20 million subsidy, to kickstart that idea. $200,000.
MS. KIERKIEWICZ: I see that, I mean, but maybe we can triple or quadruple
that. That's not a lot of money. I think this is a prime opportunity for a public-
private partnership, potentially. I mean, this is a huge opportunity that we have
before us to really architect an incredible future for the kids and residents of Puna.
I mean, we've got a community development plan.
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Hawaii County Council-8 March 28,2019
What are some ways that we can spend some of the money that we have and we
can anticipate to move that community development plan forward? I mean, we
don't need to reinvent the wheel and create more studies. The plan is already
there. It was crafted and partnershipped with the community and the County.
And so, let's find some easy wins for us to put some money behind.
I would like to see a redraft of this potential use of how all the various monies are
going to be spent. I would like to see a line item in there for agriculture for an
impact hub with some consideration around creative financing for a public-private
partnership. I mean, when you think about an impact hub, they have a great
model on Oahu. This can be something where we can have food processed to
create value-added products for the area. It could be a coworking space similar to
how Na Leo has a warehouse where they have a dropdown theater. I mean, it can
be a multi-purpose room for community.
This is a huge chance for us to finally bring in some incredible resources directly
to Puna. I don't want to squander this opportunity that we have with more
studies. I do want to see some action put behind plans that have already been
crafted in partnership with community and to support organizations that currently
exist that have the capacity to help people right now.
I'm going to put out on the floor that I would like to postpone voting on the bill
that's before us and the following bill. I think that there needs to be a little bit of
refinements of how we spend these monies, and a little bit more clarity in terms of
the reporting mechanisms that have been just sort of outlined today with how the
monies are going to be spent. I just want to ensure transparency to the community
and that the Council and the Administration are working in partnership to really
benefit the area. Chair, I yield.
ACTING CHR. EOFF: Okay, thank you. Ms. Villegas.
MS. VILLEGAS: Hi. Thanks for being here today and for all the work that
you've put into this study. And it's not easy to start with a blank piece of paper
and some numbers and then to try to put it all together. I think what jumps out at
me, and, mind you, I'm kind of on the other side of the island and wasn't as
directly affected by the circumstances with the lava flow. However, what I'm
hearing and, I guess, what tickles me is a bit of a cautionary going back to what
we tend to do, which is go back and look for external resources from visitors to
bring our economy back or the economy in Pahoa and in Puna.
As Ms. Kierkiewicz said, there's an opportunity with a lot of these resources to
invest in diversifying the economy and the economic structure in these more rural
areas because, as the lava flow has shown us, as some of the hurricanes have
shown us, we are vulnerable to mother nature and to other circumstances and it
affecting whether or not people want to come spend their vacation here.
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Hawaii County Council-8 March 28,2019
And so, diversifying our reliance economically and providing an opportunity for
more agricultural stability for, potentially, other energy sources. Just taking the
opportunity and, mind you, the demographic of this community is it's a very rural
area. It's not been, like, a hub of technological—heck, barely Kona is either. But
that there is an opportunity here, like Ms. Kierkiewicz said, to create new and to
identify some new, of course as you said, with the buy-in of the community. And
I do have a question. How many homes were destroyed?
MR. TAKEMOTO: Over 700.
MS. VILLEGAS: How many of those homes were vacation rentals?
MR. TAKEMOTO: We don't have a definite number on that.
MS. VILLEGAS: Okay. How many people were displaced that were residents of
that area and not just visitors?
MR. TAKEMOTO: Two thousand.
MS. VILLEGAS: Two thousand?
MR. TAKEMOTO: Yes. About 2,000 lived there. So, they were affected in
some way.
MS. VILLEGAS: In some way but not necessarily homes destroyed, but still
can't return.
MR. TAKEMOTO: No, some of them can return.
MS. VILLEGAS: Okay.
MR. TAKEMOTO: And has.
MS. VILLEGAS: I'm just trying to get an idea of the number of people `cause I
had heard a statistic last year that it was something like three-quarters of the
homes in Kapoho were vacation rentals and weren't actually lived in by long-term
residents. So,just for me, that kind of made me question, okay, how many
humans are we talking about? How many acres?
I'm not an expert in the area by any means, but it helps to get a better
understanding of the economies of scale here foranyway, my point being we
have an opportunity to transition our reliance potentially from continuing to go
back to looking for external financial support from visitors to potentially creating
micro economies and educating and instilling a new kind of infusement of
inspiration.
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Hawaii County Council-8 March 28,2019
MS. LEY: Thank you.
MS. VILLEGAS: Thank you.
MS. LEY: We're hoping that the economic recovery plan will address some of
the opportunities that may be before us that we're not seeing.
MS. VILLEGAS: Thanks for all the work that you've done.
MS. LEY: Thank you.
MS. VILLEGAS: It's not easy, and it is unprecedented for our County. So, thank
you. I yield.
ACTING CHR. EOFF: Thank you. Other comments?
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Hi, guys. You got us before lunch.
Congratulations. Thank you for coming back. We asked you to come back with
something and you did. You came back with at least some kind of a framework
we can all take a look at and go home and look over tonight. I appreciate that you
did this `cause it gives us a chance to continue to have these conversations, which
is important.
The people in the field know what they need. And when the boss just starts
making decisions from the top and telling the people on the bottom what they're
going to get, then there's usually a breakdown in what's actually needed versus
what we're giving. So, I think that's really important to keep this conversation
going so that the needs of the community are starting to be met. And what I hear
again and again is now, and I think that's really true.
I think what it comes down to, I'm trying to just boil it down, is just trying to
balance the needs of what we've incurred as losses with direction from the
community under some very creative County supervision. These conversations
are integral to that happening.
What you've given us today is a step in the right direction, and I like it. At least
we have something we can look at. I do agree with a lot of what was said already
by my Council Members. I would like to see a little bit more put into making our
businesses—not "making"—getting our businesses back on their feet, increasing
tourism, doing some varied economic stimulus in other areas that we may not be
accustomed to here and just being creative as a whole.
But if we don't have these conversations, I don't think we're going to get
anywhere. It's very important. So, even if it seems aggressive at times or
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Hawaii County Council-8 March 28,2019
confrontational, I really think that without having these we're not going to get
anywhere. And I want to see it even maybe get bigger where we're starting to get
these community heads coming in and beyond just, "Oh, we talked to so and so,
and they talked to so and so, and then we came back and we have some
information from ." It just helps put everybody in the same place and get
something done so we can move forward in a positive way. That's where I'm
at—maybe not "we,"but that's where I want to get to with you guys. I appreciate
what you're doing. Thank you. I yield.
ACTING CHR. EOFF: Okay, thank you. Are there any other comments?
Mr. Chung.
MR. CHUNG: I'm really glad that Ashley made her points `cause she articulated
that really well. I actually whispered to Maile, "Wow, this really makes a lot of
sense." Yeah, build the amenities there so that you can have the housing
component come back to that area. But with regard to Ms. Villegas's point about
the over reliance on tourism, I think we shouldn't ignore the importance of
tourism in that area. `Cause, from all accounts—and I did ask you guys, right,
how much was that economy driven by tourism? And I would suspect it was a
great deal.
And given the metric that was given by Ms. Villegas about one-third of those
homes down there might have been vacation rentals, it kind of shows you that
when the businesses went down, it was probably a function of many of the
tourists not patronizing those restaurants and things like that. So, yeah, we don't
want to place full reliance on tourism, particularly in an area like that, but we
shouldn't discount it either.
Like, for example, right now we have Southwest Airlines coming in. Right? And
I know they had a big dinner and a presentation. I obviously didn't go to that, but
that is going to help with the tourism component as well. That's what they're
coming here for. They feel that there's a market here. They're not here to service
the inter-islands. Nah. It's for tourism. So, we have to keep our eye on that.
With regard to the agricultural component, I did talk to you, Diane. I talked to
some of the legislators about compost. Right? The most innocuous looking thing
in terms of all of this. I did try to see if we could have had an appropriation bill
done at the Legislature. But they pointed out, "Look, you guys have a
composting facility coming on board pretty soon."
So, I did tell some members of the Administration, "Hey, fast-track that thing.
Get that thing going. It's been mired in some kind of obscurity for the last two
years. Let's move that thing ahead." I mean, all of us who were on the Council
before were totally in favor of that, even in the face of the contract being canceled
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Hawaii County Council-8 March 28,2019
and everything. But let's move forward. That compost can be something that all
of these farmers can use. Not only in that affected area but island-wide. But I'll
go with the postponement when it's made.
ACTING CHR. EOFF: Okay, thank you. Ms. David.
MS. DAVID: Thank you, Chair. I also want to thank Ms. Ley and Mr. Takemoto
for giving us this presentation. Because now that we see actual numbers on it, I
tend to agree that some of these things really need to get more money infused into
it because it really hits home on the people level as opposed to infrastructure-type
things. But I agree that not seeing the agricultural component, considering all the
people that come in and whoever wants their farms and stuff, I think it's a really
good idea to assign something to that effort because that's going to keep the
community going. I'm not sure how it will be resolved, but definitely some
money should be infused for that for our farmers.
And I think building the economy in the community will actually bring more
visitors as far as Volcano Village is concerned. I think from what we've heard
over there, they're taking a big hit because of the reduction in the tourist industry.
So, that has a really important component because a lot of those people depend on
the tourists for their livelihood also, in a different way than does the Lower Puna.
But basically, I really appreciate everybody's comments because, as I can
understand today from what you're giving us, it is a long process. But I really
would like to see everyone's comments about getting something on the ground
where people, when they see something that's really happening and they can see
improvement, then they really have confidence that government is doing
something.
And I really would like to see this County actually start having some effects on
our people and their suffering. So, I appreciateI know it's hard, I mean, what
you folks are doing and you folks have a lot of processes and a lot of rules and
hoops to go through and I appreciate that. Because, sitting here and just looking
at this, it's easy for me to say that you should do this, you should do that. But
doing the actual work in the trench is, I know, difficult too. So, that's all I want to
say, and I really appreciate you folks coming to us and responding the way you
folks did as we've heard today. So, I look forward to the next phase and some
updates. Again, thank you. I yield.
ACTING CHR. EOFF: Okay, thank you. Well, if there are no further comments,
I'm going to go back to Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thank you again, Diane and Roy, for
being here and for all of the hard work and thought that you put into this. I think
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Hawaii County Council-8 March 28,2019
it's a really great start, and it's a work in progress. And I know that my fellow
Council Members and I look forward to working with you to refine it further so
it's really something that we can all get behind and champion. So, thank you.
Motion to Postpone: Ms. Kierkiewicz moved to postpone Bill 36 to April 10,
2019. Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. KIERKIEWICZ: I just want to say that I think the expectation is that we will
continue to refine the facts and figures that have been before us. And I just feel
more comfortable voting after we've had some time to really marinate on what's
been presented to us and talk to some folks in the community and get their
feedback and reaction on it.
ACTING CHR. EOFF: Okay, Mr. Chung.
MR. CHUNG: Yeah, and certainly I'm going to be voting for this postponement.
Because, one of the things I was thinking about is the funding hasn't even been
approved yet, right, at the Legislature? It is going to happen, we believe, unless
something goes terribly wrong, tomorrow. A press conference has been
scheduled, and our lone representative part of our lobbying team—Mr. Richards
will be there.
But I wanted to thank the rest of that lobbying team: Matt, Ashley, and Sue, as
well as Tim and others. Everyone else did their part as well as you guys, Diane.
My hats off to all of you. I know you guys are going to be up there probably,
right, tomorrow? Can't make it? Yeah, but I just wanted to make that
announcement. And really, hats off to all of you guys. It was as major, well, I
don't want to give us the jinx, but if it happens, it's going to be a major
accomplishment. Thank you.
ACTING CHR. EOFF: All in favor of postponing Bill 36, please say "aye."
Vote on Motion to The motion to postpone Bill 36 to April 10, 2019, was
Postpone: carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Richards,
Villegas, and Acting Chair Eoff–7.
Noes: None.
Absent: Council Members Lee Loy and Poindexter–2.
Excused: None.
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Bill 37: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Adds the General Government, Island-wide 2018 Lava Flow Project Assistance—
State Loan project for $40 million to the Capital Budget. Funds for this project
shall be provided from State Loan Receivable. Funds would be used to provide
relief, recovery, mitigation, and remediation assistance for damage, losses, and
suffering caused by the 2018 Kilauea eruption.
Reference: Comm. 154
Intr. by: Ms. Kierkiewicz
First Reading: March 13, 2019
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 37 on second and final
reading. Seconded by Mr. Richards.
Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 37 to April 10,
Postpone: 2019. Seconded by Mr. Richards and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Richards,
Villegas, and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Lee Loy and Poindexter—2.
Excused: None.
ACTING CHR. EOFF: Motion carries. Okay, I just wanted to assess where
we're at right now. Mr. Kamelamela has indicated that he would like us to
postpone Resolution 20. So, when we read that in, we may do that. And then, the
rest of the items are probably going to go by pretty fast, and I just wanted to check
if you'd like me to just keep going right now. I mean, you can take your own
personal recess if you need to. I'll take a five-minute recess at this point.
MR. RICHARDS: Seven.
ACTING CHR. EOFF: Seven-minute recess.
Recess: At 1:43 p.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 1:58 p.m.
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Bill 42: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Increases the Office of Management Village 9 Homeless and Affordable Rental
Project by $20,000, for a total appropriation of$204,000. Funds shall be
provided from State Grants Receivable and would be used to develop master
plans for a Homeless Facility and an Affordable Rental Project.
Reference: Comm. 169
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. David moved to pass Bill 42 on first reading.
Seconded by Ms. Kierkiewicz.
ACTING CHR. EOFF: Mr. Takemoto, would you mind briefing us on Bill 42?
(Note: At this time, Executive Assistant to the Mayor Roy Takemoto
came forward to address the members of the Council.)
MR. TAKEMOTO: Roy Takemoto, Executive Assistant. The reason for this
request and the urgency is there was a previous appropriation for 184,000, and
that was used to retain a consultant to do the master plan and environmental
assessment for this Village 9 project, which has two components to it: a homeless
facility and an affordable rental project.
The 20,000 was to do a more extensive charette, which is a brainstorming
planning session that would involve the community and other stakeholders. And
the charette would cover both projects. We want to hold that charette as quickly
as possible in order to be in position to drawdown on the State's `ohana zone
funding, which they need to encumber by the end of this fiscal year.
ACTING CHR. EOFF: Okay, thank you for explaining that to us. Any other
comments, Council Members, or questions? No? Seeing none—well, before we
vote, I'd just like to say thank you for your hard work on this, and the forward
momentum is sorely needed. Okay, all in favor of Bill 42, please say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Bill 42: The motion to pass Bill 42 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kierkiewicz,
Richards, Villegas, and Acting Chair Eoff—6.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder,
Lee Loy, and Poindexter—3.
Excused: None.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 20-19: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY TO
REPRESENT THE COUNTY OF HAWAII IN LITIGATION AGAINST
OPIOID MANUFACTURERS WHO MAY BE LIABLE TO THE COUNTY OF
HAWAII FOR THE OPIOID EPIDEMIC
The Office of the Corporation Counsel requests the Council's approval to hire
Napoli Shkolnik PLLC and its local counsel, the HI Accident Law Center, with
any and all compensation to be provided from potential settlement or award
amounts.
Reference: Comm. 12
Intr. by: Ms. David (B/R)
Approve: FC-15
Postponed: March 13, 2019
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
(Note: There is a motion by Ms. David, seconded by Ms. Kierkiewicz, to approve
Res. 20-19.)
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Hawaii County Council-8 March 28,2019
Vote on Motion to Ms. Kierkiewicz moved to postpone Res. 20-19 to
Postpone: April 10, 2019. Seconded by Ms. David and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Richards,
Villegas, and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Lee Loy and Poindexter—2.
Excused: None.
Res. 65-19: URGES AN INCREASE OF FUNDING FOR ADDITIONAL POLICE PRESENCE
IN THE DISTRICT OF PUNA TO ACCOUNT FOR POPULATION GROWTH
Requests increasing the ratio of police officers per resident to reduce risk and
response times for police officers attempting to help those in need of assistance.
Reference: Comm. 122
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: PSC-7
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 65-19 and
Public Safety Committee Report No. 7. Seconded by
Ms. Kierkiewicz.
ACTING CHR. EOFF: Any discussion?
MR. KANEALI`I-KLEINFELDER: I would like to say that I would greatly
appreciate your support for this resolution. It's not a surprise that we need more
police officers in Puna or Ka`u. And although there is a proposed budget on the
table that shows these positions, I think it's going to take all nine of us to come to
some agreement as to how many positions we are going to fill in the actual budget
coming up in 2020. So, I do ask for your support and thank you very much.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all
in favor please say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Res. 65-19: The motion to adopt Res. 65-19 and Public Safety
(Adopted) Committee Report No. 7 was carried by the following
voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: This resolution is adopted.
Res. 94-19: 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 ZONTA
CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED
TO ITS "MAGNIFICENT ME" CONFERENCE
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 161
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 94-19.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. KIERKIEWICZ: Chair?
ACTING CHR. EOFF: Ms. Kierkiewicz.
MS. KIERKIEWICZ: I just need to disclose, for the sake of transparency, that
I'm a member and the current president of the Zonta Club of Hilo. I disclosed it
at the last Council meeting, but it's before us again. So, I just want to make that
known.
ACTING CHR. EOFF: Okay, thank you. I don't think there's a problem there,
so we'll go ahead andoh, did you have any other comments?
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Hawaii County Council-8 March 28,2019
MR. KANEALII-KLEINFELDER: Once again, I'd like to ask for everyone's
support in moving this resolution forward. This is a great cause. I have two
children—three children, but two are kind of in this range of their youth. So, I'd
like to see this go to a good cause and help these kids get ahead in life.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Vote on Res. 94-19: The motion to adopt Res. 94-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff–8.
Noes: None.
Absent: Council Member Poindexter– 1.
Excused: None.
ACTING CHR. EOFF: Resolution 94-19 is approved.
Res. 95-19: 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 FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $1,500 from the Clerk-Council Services –Contingency Relief account
(Council District 5); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 162
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 95-19.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Is there any discussion?
MR. KANEALII-KLEINFELDER: Once again, I would likeoh, thank you
very much, Chair. I'd like to ask for everyone's support for this resolution. This
is a very great cause. This helps children get in touch with the families and have a
place to visit safely. I think that's very important, especially as we deal with the
different things going on in our families these days.
ACTING CHR. EOFF: Thank you. Mr. Richards.
MR. RICHARDS: I would like to thank Mr. Kaneali`i-Kleinfelder for doing this.
This is a pet—kind of a favorite of mine. And the rest of the Council Members
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Hawaii County Council-8 March 28,2019
that have known me for the last couple of years, I'm always trying to find them
funding. So, I fully appreciate it, wholeheartedly support it. And that's why I
wanted to second it.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all
in favor please say "aye."
Vote on Res. 95-19: The motion to adopt Res. 95-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 95 is adopted.
Res. 96-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAKA
HALOA O WAIPI`O FOR ITS KUKULU KUMUHANA O PUNA PROGRAM
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 163
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 96-19.
Seconded by Ms. David.
MR. KANEALI`I-KLEINFELDER: Once again, thank you, Chair. I'd like to
ask for your support of this resolution. Thank you.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Res. 96-19: The motion to adopt Res. 96-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 96 is adopted.
Res. 97-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAKA
HALOA O WAIPI`O FOR ITS "KUKULU KUMUHANA O PUNA" YOUTH
PROGRAM
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 164
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 97-19. Seconded by
Ms. David.
ACTING CHR. EOFF: Any other comments?
MS. KIERKIEWICZ: I just encourage my colleagues to support this measure. It
goes to funding cultural `aina youth engagement programs that I think are really
critical for the keiki of the area. And this is something I'm proud to do in
partnership with my fellow Council Member from Puna. It's a really great
program, and I'm very excited to be sending my children to go and to participate.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Res. 97-19: The motion to adopt Res. 97-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 97 is adopted.
Res. 98-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
AHU`ENA HEIAU INC. TO ASSIST WITH EXPENSES RELATED TO
COMMEMORATING THE 200-YEAR ANNIVERSARY OF THE PASSING
OF KING KAMEHAMEHA I
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 165
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 98-19. Seconded by
Ms. David.
ACTING CHR. EOFF: I know we had a testifier support this, but did you want to
add?
MS. VILLEGAS: Yeah, I just wanted to thank Mr. Hickcox for coming this
morning and sharing his passion and his involvement for this event, which I think
is going to be really monumental. We have the blessing in Kona of being home to
a number of culturally significant, really inspiring sites. And so, I'm really
excited to see this commemorated and the community gather to celebrate. So,
thanks for your support.
ACTING CHR. EOFF: Thank you. Any other comments? All in favor, please
say "aye."
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Vote on Res. 98-19: The motion to adopt Res. 98-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 98 is adopted.
Res. 99-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS
AND RECREATION, RECREATION DIVISION FOR RECREATIONAL
ACTIVITIES, SPECIAL EVENTS, AND MISCELLANEOUS SUPPLIES AND
EXPENSES IN DISTRICT 1
Transfers $2,100 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Recreation Division Other Current Expenses account.
Reference: Comm. 166
Intr. by: Ms. Poindexter
Motion to Approve: Ms. David moved to adopt Res. 99-19. Seconded by
Ms. Kierkiewicz.
ACTING CHR. EOFF: Thank you for doing that. This is Ms. Poindexter's
contingency. All in favor, please say "aye."
Vote on Res. 99-19: The motion to adopt Res. 99-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 99 is adopted.
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Hawaii County Council-8 March 28,2019
Res. 102-19: 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 FOR THE EAST HAWAII FAMILY VISITATION
CENTER PROGRAM
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 173
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 102-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. KIERKIEWICZ: Clearly, Council Member Richards and I are very
passionate about supporting the family visitation program. And I think that's
evident of this Council. A number of Council Members have actually put some
contingency money behind this. It's so important that we have a safe and neutral
space for families and kids to just reconnect and to be able to heal again. So, I
wholeheartedly support this and encourage my colleagues to do the same.
ACTING CHR. EOFF: Thank you. All in favor, say "aye."
Vote on Res. 102-19: The motion to adopt Res. 102-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Resolution 102 is adopted.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
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Hawaii County Council-8 March 28,2019
Bill 40: DESIGNATES TAX MAP KEY: 6-8-041:008 AS THE"KAMAKOA NUI
PARK"PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION 15-67 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED); AMENDS
SECTION 15-68.1 TO ADD THE "KAMAKOA NUI PARK" TO THE PARKS
AND RECREATIONAL FACILITY SCHEDULE; AND AMENDS
CHAPTER 14, ARTICLE 1, SECTION 14-1, RELATING TO PROHIBITING
THE POSSESSION OR CONSUMPTION OF INTOXICATING LIQUORS AT
ALL TIMES
Reference: Comm. 158
Intr. by: Mr. Richards
Waived: PRC
Motion to Approve: Mr. Richards moved to pass Bill 40 on first reading.
Seconded by Ms. Kierkiewicz.
ACTING CHR. EOFF: Discussion?
MR. RICHARDS: Yes. I'll fill in the group. Kamakoa Nui Park is a real
interesting park, and you can read through the bill. But the long and the short of it
is that we were working on—the community has asked and we've been working
towards developing a dog park at Kamakoa Nui. In order for that to happen, we
have to have Council action on the existing park. As we dug into it, we realized
Kamakoa Nui has never been put in the roles of Parks and Rec. So, it's never
been a park. And it's one of those housekeeping things.
So, after so many years, it was identified when we were trying to get this done
that it's been identified, it's been a park. It does need a bunch of work. But
anyway, this is kind of doing some of that housekeeping that we stumble upon
periodically. So, I ask for your support to name the park that's been a park for a
long time,just not in name. I yield.
ACTING CHR. EOFF: Thank you. Any other comments?
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you, Mr. Richards. I will be supporting this. But what I
also really appreciated is you took it one step further by adding in the
consumption of intoxicating liquors. `Cause, I've begun to go through the Parks'
rules myself and identifying parks in Council District 3, which has become a little
challenging. So, I really appreciate you being very effective and efficient with
our time to do both—get it in the Parks' rules and then adding in that extra layer
of consumption of alcohol. So, thank you very much for doing this.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. All in favor,please say
Ic aye.
Vote on Bill 40: The motion to pass Bill 40 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 40 moves to second reading.
ORDER OF The Acting 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.)
Bill 25: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Increases revenues in the Federal Grants —Senior Community Service
Employment Program account ($4,778); and appropriates the same to the Senior
Community Service Employment Program—Salary and Wages account, bringing
the total appropriation to $342,049. Funds would be used for the Department of
Parks and Recreation's Senior Training Employment program.
Reference: Comm. 107
Intr. by: Ms. David (B/R)
First Reading: March 13, 2019
Motion to Approve: Ms. David moved to pass Bill 25 on second and final
reading. Seconded by Ms. Kierkiewicz.
ACTING CHR. EOFF: Anymore discussion?
MS. DAVID: No. I just would like to thank the testifiers this morning in support
of this bill and ask for your support. Thank you.
ACTING CHR. EOFF: All in favor, say "aye."
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Hawaii County Council-8 March 28,2019
Vote on Bill 25: The motion to pass Bill 25 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 25 is adopted.
Bill 34: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State—Neighborhood/Community Outreach and
Protection account ($50,000); and appropriates the same to the
Neighborhood/Community Outreach and Protection account. Funds would be
used in collaboration with neighborhood watch programs to identify, report, and
prevent criminal activities.
Reference: Comm. 151
Intr. by: Ms. David (B/R)
First Reading: March 13, 2019
Vote on Bill 34: Ms. David moved to pass Bill 34 on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: Bill 34 is adopted.
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Hawaii County Council-8 March 28,2019
Bill 35: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Federal—State-wide Multi-Jurisdictional Drug Task
Force account ($41,613); and appropriates the same to the State-wide
Multi-Jurisdictional Drug Task Force account. Funds would be used to reduce
drug threats and drug-related crimes, and to incorporate multi-agency
collaboration.
Reference: Comm. 152
Intr. by: Ms. David (B/R)
First Reading: March 13, 2019
Vote on Bill 35: Ms. David moved to pass Bill 35 on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
PC-11 NOMINATION OF HEATHER KIMBALL TO THE BOARD OF APPEALS
(Comm. 146):
Requires Council
Confirmation by: April 7, 2019 (Section 134(1),
Hawaii County Charter)
Vote on PC-11: Ms. Kierkiewicz moved to adopt Planning Committee
(Adopted) Report No. 11. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
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Hawaii County Council-8 March 28,2019
ACTING CHR. EOFF: That completes the nomination of Heather Kimball to the
Board of Appeals.
PC-12 NOMINATION OF ARNE WERCHICK TO THE KAILUA VILLAGE DESIGN
(Comm. 147): COMMISSION
Requires Council
Confirmation by: April 7, 2019 (Section 13-4(1),
Hawaii County Charter)
Vote on PC-12: Mr. Richards moved to adopt Planning Committee Report
(Adopted) No. 12. Seconded by Mr. Kaneali`i-Kleinfelder and carried
by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: That completes the nomination, file Communication 147.
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There were none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
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Hawaii County Council-8 March 28, 2019
ADJOURN- There being no further business, at 2:18 p.m., Ms. Kierkiewicz moved to adjourn
MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff— 8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
ACTING CHR. EOFF: We are adjourned.
Council Approval: APR 2 4 2019
COUNTY CLERK
JH/dg
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