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HomeMy WebLinkAboutMIN PWMTC 2019/08/06 2018-2020Committee on Public Works and Mass Transit 12th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 6, 2019 CALL TO The regular meeting of the Committee on Public Works and Mass Transit ORDER: was called to order at 9:00 a.m., in the Council Chambers, Hilo, by Ms. Susan L. K. Lee Loy, Chair. ROLL CALL: Present: Ms. Susan L. K. Lee Loy, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Ms. Karen Eoff, Member, Member Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Ms. Ashley L. Kierkiewicz, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Abolghassem Abraham Sadegh Floyd Eaglin: Kauilani Almeida: (representing the Pana`ewa Hawaiian Homelands Community Association) Patrick L. Kahawaiola`a: (representing the Keaukaha Community Association) Dwight J. Vicente: Comm. 363, comment. Comm. 363, comment. Comm. 363, support. Comm. 363, comment. Comm. 363; and Res. 92-19 (Comm. 155.2), comment. PWMTC-12 August 6, 2019 MR. BROWN: Madam Chair, that concludes our public testimony. CHR. LEE LOY: Thank you, Clerk. At this time, we're going to close public testimony. And in an effort to manage the agenda, both items on our agenda was initiated by myself So at this time, I'm going to be relinquishing the chair to my Vice Chair, Mr. Kaneali`i-Kleinfelder to continue this discussion, in which I'll be able to participate. Relinquish Chair: At this time, Chair Lee Loy relinquished the chair to Vice Chair Kaneali`i-Kleinfelder. ACTING CHR KANEALI`I-KLEINFELDER: Good morning. Please let the record reflect that I've assumed the Chair. Thank you. Mr. Clerk, can you please read in Communication No. 363? COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 363: REQUESTS A DISCUSSION WITH THE ADMINISTRATION REGARDING COUNTY ROAD IMPROVEMENTS ON ROADS IN HAWAIIAN HOME From Council Member Susan L. K. Lee Loy, dated July 12, 2019. ; and Comm. 363.1: From Council Member Susan L. K. Lee Loy, dated July 17, 2019, transmitting supplemental documents. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, sir. May I have a motion to close file on Communication 363? Motion to Close File: Ms. Lee Loy moved to close file on Comm. 363. Seconded by Mr. Richards. ACTING CHR KANEALI`I-KLEINFELDER: Ms. Lee Loy, as you brought this to our attention, can you start the conversation for us? MS. LEE LOY: Thank you, Chair. I just wanted to provide a little bit of a backdrop, especially for some of our newer Council Members. This issue came up back at the end of our 2016-2018 Council term, in which a resolution was brought forward by the Administration which would allow the County to enter into negotiations with the Department of Hawaiian Home Lands (DHHL) for a cost sharing as it related to the development of speed humps in Keaukaha. And at that time, I was quite alarmed as to why there was a cost-sharing and that the Department of Hawaiian Home Lands; that Trust and the beneficiaries that they Page 2 PWMTC-12 August 6, 2019 serve would have to be required to participate in what I thought was no different than any other County subdivision or County road. And so at that time, I asked to basically put that down and give me an opportunity to start working with the Department of Public Works (DPW), our various Native Hawaiian Community Associations, and then the Department of Hawaiian Home Lands. And so since that time, I have met with Chairman (William) "Bill" Aila and the Director of the Department of Public Works. I also had an opportunity to sit down with our Governor's Liaison, (Dennis) "Fresh" Onishi, who perfectly was the previous Council Member for the district, who also brought in a lot of institutional and historical information, as far as how other roads within our Hawaiian Home communities were resurfaced or taken care of. And at that time, Mr. Onishi shared that, you know, we implemented speed humps in areas in Pana`ewa like Ohuohu street. Let's see, Kahaopea Street, you know, roads around the park in Pana`ewa. It was also shared that we put in street lights in our Keaukaha community. And all of that was done with fuel tax. And at no time in those two homestead communities was it ever asked that the Hawaiian Home Lands Trust do any type of cost sharing. And so with that, and thank you Mr. Vicente, because sometimes you've got to look at the history. I did a lot of digging. And so what I want to do is bring my colleagues' attention to Communication 363.1, and what I pulled, and it's covered within that 3 63. 1 document, is information dated from December of 2002 in which the Memorandum of Agreement (MOA), that was executed by the then Department of Hawaiian Home Lands Chairman Ray Soon and our current Mayor Kim, that talked about an agreement between Department of Hawaiian Home Lands and the County. Back then, there were a number of issues with our homestead community. Zoning issues, encroachment issues; nonpayment of Real Property Tax. And so, this particular MOA kind of took the opportunity to bring all of that uncertainty into clarity and what the responsibilities of DHHL were and what the County would be responsible for. Pulling building permits, those types of things. But what I found most interesting in the execution of that MOA, it needed to be codified by a resolution, which the Council would then have to assert that this Memorandum of Agreement had the blessing of the Council. And what I did was I pulled the transcripts from that meeting, and we also have Council Chair Chung who was also a Council Member at that time. And if you read through some of that—and I won't go into it—but the question was contemplated, as far as the care of the roads. And what the Memorandum of Agreement meant about repaving or taking care of the roads in our homestead communities—and I'm sharing this for all of you, because each and every one of you may have a homestead community in your Page 3 PWMTC-12 August 6, 2019 district and I just don't want to have to revisit this again. But it was clear. Council Member Leningrad Elarionoff specifically asked the question, "What happens on taking care of the roads." And our Mayor, Mayor Kim, is on record saying specifically, that the roads would be taken care of by fuel tax like any other County road. I've shared this information with our Director, Mr. David Yamamoto, and I know he's also shared that with the Mayor. Like I said, I just really want to put this to rest already. That going forward, any of our roads, especially those in our homestead communities will be taken care of like any other road, and be improved upon using our fuel tax. So with that if I could please, Mr. Yamamoto, if you could please come forward; Mayor. Thank you so much. (Note: At this time, Mayor Harry Kim and Director of Public Works David Yamamoto came forward to address the members of the Committee.) ACTING CHR KANEALI`I-KLEINFELDER: Gentlemen, please state your names. MR. YAMAMOTO: Hi, I'm David Yamamoto, Director of Public Works. MAYOR KIM: Harry Kim. I work here. MS. LEE LOY: Thank you, Mayor. Thank you, Mr. Yamamoto. You know, just for the record, Mr. Yamamoto, you and I have had our conversations with Mr. Onishi and then Mr. Aila. And like I said, I just want to put all of this to rest. The MOA, what was contemplated at that time, we have information that clearly has a bright line of communication that the roads in our homestead community would be paid for by fuel tax. Is that going to be the understanding going forward of the Department of Public Works? MR. YAMAMOTO: Well, we're currently discussing the matter with Corp. Counsel and the Mayor's Office. From what I understand, I do believe that maintenance of road, you know, keeping it clear; replacing traffic lights and signals falls under the maintenance of the roads. MS. LEE LOY: Mayor, if you would please. I mean, you spearheaded the agreement back in 2002, and you know, Uncle Pat always says, "You know, our homestead communities are special, but more importantly, the land in our homestead communities are special." You know, please share your position, as far as, and what I hope is, a continued support of our homestead communities, as contemplated back in 2002, in which you're on record as saying that roads would be taken care of by fuel tax. Page 4 PWMTC-12 August 6, 2019 MAYOR KIM: First of all, thank you for bringing up some of the background with the Department of Hawaiian Home Lands and the County. As you see, that the ordinance was signed in the year 2002. For those of you, I think only you, Mr. Chung, as you're as old as I am, but you're not as old as I am, but you've been around that long. Sorry, but this brought back all kinds of memories of the year 2001 and up. It was the first time that I think I called Mr. Ray Soon, because there were so many issues like you said that the agreement addressed. There was so many—even a building code or building permit, what were they required to do or not to do. Who was responsible for this and that? So I'll say publicly and I've said it before, I called Mr. Soon and I asked him for a favor, that can we try to address this together all at once. Can I ask you to bring all of your division heads and department heads to address all of these issues? To spend whatever time is required in Hawaii Island to meet with our department heads related to that issue. And that's why you saw the complexity of that ordinance including building codes, permits, payments, etcetera, etcetera during that one—it was days, maybe weeks before it was finally agreed. And I owe it to a guy named Ray Soon who was not a bureaucrat, and we had to communicate for years before that kind of agreement could be made. In regards to this one issue, I think the maintenance is clearly outlined. You know semantics is always argued about, what this meant or that meant in regards to the clear definition of what does maintenance mean. I think you will see that on speed humps that Hawaiian Home Lands was asked toand this was one in Waimea with a contribution of half a million dollars that they contributed, and the County government provided labor and equipment to finish the job. The simple issue here is that, yes, the County government at that time till this day, I think, have taken on as much responsibility as we can. There was no argument that we will be responsible for maintenance. Where we had a dual kind of thing, like in Waimea, is simply because of this money. And that's if Hawaiian Homes would—they were more than willing; this wasn't a requirement, more than willing that they would contribute the element of cost of the materials, and the County government will provide equipment and manpower to do it. I think in Pana`ewa, all of the speed humps were paid for by the County government prior to this Pakele Lane area. And if I were to resolve it here simply, I would do it this way, that County government would be responsible for installation of speed humps. But be advised the relationship with Hawaiian Homes to contribute is to expedite the project because they had the money to do that. And if it falls within the County government Pubic Works priority, it has to be within the priorities that they established. So I think on things like this, I hope we can go back to that kind of relationship established in 2002, and that we don't have to come before this body to resolve it. Page 5 PWMTC-12 August 6, 2019 You know something like this, can easily be resolved by two parties agreeing, you know, what they can do to help each other get the job done. And I think if you look at the Hawaiian Homes element, I don't think any of the jobs done or not done—it can be quoted as unfairness. It was done with whatever monies were available. You know, this one here, I'll conclude with this, on road maintenance, I don't want to play semantics of the definition, exactly what is road maintenance, but I think it was clarified enough. On improvements, you know, obviously sidewalks and those things are all improvements. And those things, if you wait for County government funds to be available in a residential area, it's going to be way down the totem pole. But I do believe that the working relationship with Hawaiian Homes work with the County government in what they can offer to assist should be, you know, sought. To put it on the work project, you know, to Public Works much faster because of availability of money. By the way, I'm really proud of all of the work done by attorneys, both on the Hawaiian Homes level and the County level for that agreement you just read. If you read it you will see the complexity of that, and that was only accomplished because of their willingness to come here, and you can believe it, all the department heads staying here, and establishing a one and only relationship to get it done. MS. LEE LOY: Thank you, Mayor. Thank you for that commitment. You're a champion for safety. Is that an accurate assessment? And you really believe in our children and taking care of our children. Is that an accurate assessment? MAYOR KIM: Without them, what would we have? A bunch of old farts? MS. LEE LOY: So Mayor, I'm just going to be very bold and ask, Pakele Lane is a street that gets our kids in Keaukaha to school. Can we please, please, help that community slow the traffic down for our children? MAYOR KIM: First of all, absolutely. Any children, any subdivision. I mean, this body here, you're responsible for us getting all of that money from the excise tax. Everybody knows that. The meetings you had to go through to get that. Because without it, we would have to operate on much, much less money than we have now. But if you want that project to be expedited, they will be told. That's not a problem. That falls within maintenance, but they're going to put it on their list. If we have the freedom to work with Hawaiian Homes to see if they can help expedite it, we will do that too. And I consider that a preference element of not making it a requirement that they have to participate to get it done. But if they can contribute the funds, like they did in Waimea, I see no reason why this cannot if they are able to financially do that like they did in Waimea. So give us Page 6 PWMTC-12 August 6, 2019 the freedom of that. And we'll record working with them and make sure that it's not said speed humps does not fall within maintenance. Speed humps, you know, you must pay for this or that. I don't agree to that either. If the issue here is simple, get these speed humps done as soon as possible. Then leave us the freedom to work with them without making it a requirement. MS. LEE LOY: Thank you, Mayor. I just really had hoped for a real bright line. This community has been waiting for years to protect their kids from people driving through it. And that community has a gym and a school in which people use that are outside of the community. Please Mayor, help them. We've seen it done. You can get it done. And you just need to lean over to your Public Works Director and let him know. Please get this done for our kids. I really don't need a response at this time. I'm going to yield the floor. I just want my other colleagues to really understand what this MOA contemplated in the beginning, what promises were made at that time. And I'm not going to split hairs on semantics of a speed hump because it's raised six inches, is therefore an improvement and needs to be cost shared. I do not believe in that. Fuel tax is for the betterment of all of our roads. Whatever traffic calming safety devices are required. White lines, yellow lines, street lights or speed humps. It all falls into the maintenance and safety of our roadways. Chair, I'm going to yield at this time. MAYOR KIM: May I respond to that, please? Because obviously, you know, I just want to clarify what I said. There's no dispute on that, and I think there are people from Keaukaha behind me. Pat's back there. You do what you can with priorities and finances available. I'm saying here, there's no problem that this is important. There's no difference of opinion of the importance of that. God, I wish I had a magic wand for sidewalks or wider places all over residential areas. I am saying, fine, we will interpret speed humps as within the County road maintenance responsibility, and not improvement. But give us the freedom to work with them so we can expedite it as soon as possible. And if they are willing and able to pay, I say why not. Just as long as we don't make it a requirement to have that in writing. That's all I'm saying. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Lee Loy. Mr. Chung MR. CHUNG: Thank you, Matt. So now the point emerges, I guess. You know, I was kind of wondering why this matter was coming up, because we don't talk, right? You know Sunshine Law and everything, but now it all has to do with the speed humps again. And you know, as Mayor Kim said, this whole thing forces him to go back to 2002. And who would have thought you and I would still be alive right, Harry? Page 7 PWMTC-12 August 6, 2019 MAYOR KIM: Thank you for saying that. I want you to pass a law that says no one can retire before 80. So we all have to work till 80. MR. CHUNG: Yeah, but let me give a little more background about this MOA. And you know, Sue did a marvelous job on talking about this. You know, but a lot of this really, you know, the road aspect is really just one small piece to this whole puzzle. You know, this was coming off of the heels of an Attorney General opinion. And I think the guy's name was Tam or something. What was is, Tam? It really made no sense whatsoever in my humble opinion, you know. And it had to do with the idea of police power. Yeah, what's our rights in enforcing on Hawaiian Home Lands? And you know, really, one of the key issues at that time had to do with building permits. Because you had, you know, I think it was the Walmart development that was coming up at that time, and you know, the position that was taken by the County, if I'm not mistaken, is that we don't have any jurisdiction. But yet, on the homesteads, you know, with the regular people we would go and enforce, right? So there was this contradiction of sorts, which lead to this, and you know even at that time, and I think the transcript indicates it. You know, I had some reservations about it, but I did say you know I'm giving deference to the hard work the Mayor and Ray Soon had put together in coming up with this thing, so I cast my vote in favor of it. But there were still some things that I was kind of real—you know, not real keen on. But that's really just a backdrop. One more thing too, you know, maybe siding with Harry in this regard. You know, on Pilipa`a, if I'm not mistaken, those speed humps were installed at the cost of the developer of the, what is that, Puainako and Kanoelehua Streets, yeah? So, you know, there can be a cost-sharing. I think what's really complicating matter here is the involvement of the Department of Hawaiian Home Lands, because they owe a fiduciary duty toward their beneficiaries. And so that's why I understand perfectly why, you know, guys like Pat and Kau`i are coming up here saying like, "What the heck's going on," you know. Because everybody should be treated fairly, right? And I don't want really, as Sue said, get into semantics, but just for me, from a common sense standpoint, this really is a maintenance issue. And you know, if we can get in there and do it, then let's just do it. Treat everybody, you know, fairly because it is sort of like, our road. You know, quasi -County road. Maybe not owned by us, but we have maintenance responsibilities. So do it. But at the same time, I have to agree with Harry, if the Department of Hawaiian Home Lands is willing to kick in some money, because it has been done before, why not? Page 8 PWMTC-12 August 6, 2019 That's something that the beneficiary's have got to talk to the Department of Hawaiian Home Lands, because they are the people who are supposed to be benefiting from the use of these monies. So you know, I see both sides, but at the same time, if we can just do it, let's just do it and put this matter to bed already. There's a lot of people who are affected, and I think they'll have a better view of our County government if we just move quickly on this thing, yeah? That's my feeling, thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung. Anybody else? Ms. David. MS. DAVID: Mahalo, Vice Chair. Good morning, Mayor. Good morning, Director. So Director, you said you would need, you were discussing this possibility with Corp. Counsel. Is that, you're discussing the interpretation of the MOA that would allow you to do this thing? I mean, I'm hearing that even Mayor says, you know, if later on, DHHL decides they would like to contribute, then so be it. But I sense that there's a hesitation on the department's side. How can we move this forward to start installing those speed humps based on what Mayor just said. What is preventing the department from just moving forward at this point in time? MR. YAMAMOTO: Well, there was that precedence that was set in that Waimea case where Hawaiian Home Lands contributed to the improvement. And so it was more a precedent setting thing where, what is an improvement to the existing and where DHHL should or could be contributing to the cost of the improvement. I can see like a speed hump is, you know, quite a minor expense or cost. But you know, if they're looking at drainage improvements, road widening, that's a major expense that the County was not necessarily prepared to do. MS. DAVID: I see. No, I understand that. MR. YAMAMOTO: And so I was more hesitant because of the precedent setting of installing improvements and where does that improvement end, yeah? MS. DAVID: But for today's discussion, I think we're just discussing the speed humps. MR. YAMAMOTO: Yeah, I haven't had any problem with that. You know, it's just more a precedent setting's issue. MS. DAVID: So, I have another question. The Waimea improvement, were those improvements just speed humps also? MR. YAMAMOTO: No, that was a road widening. Page 9 PWMTC-12 August 6, 2019 MS. DAVID: That was a whole different issue, right? Okay. So then, I don't see the precedence, and that's just my opinion. I don't see the precedence applying here, because here we're only talking speed humps. And whether DHHL decides to contribute to the County, that's another issue, but that's outside of our jurisdiction. I'm just saying here, while we advocate for the safety of our community, I know it's really hard to get speed humps because people have tried in my district to get it, and it's a process. But, when they need a speed hump, it's because it's become a problem. And I hear what's being told to us by the community in Keaukaha. And I cannot see the precedence that you speak of if we just do the speed humps. Given the fact that Mayor said, that you know we could proceed, and if DHHL decides to do it I agree with my colleagues that's something that DHHL has to work out with the beneficiaries. But for me, that's why I'm asking you that question, if this is just a speed hump. I don't see a precedent being set, especially with Mayor's explanation. So, it's minor, it's a small thing. I would really love to see that done, and if it ever comes up that the other major improvements become an issue or a request, and then I think we should visit the precedence issue, or the question. So I really support the fact that if we could do this right away for this community, I think it would really make a huge difference in their lives. So, thank you very much. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. David. Mr. Richards. MR. RICHARDS: Thank you, Chair. And thanks Mayor and Mr. Yamamoto, for being here. I appreciate Council Woman Lee Loy bringing this forth, and I'm agreeing with Council Woman David, because we've discussed this. The difference between an improvement versus just a maintenance and repair, and I think we all have Hawaiian Homes in our different districts. I know I've got quite a bit in my district. And speed humps, Mr. Yamamoto, can you give us an approximate cost of installing a speed hump? And appreciate the fact that if you're putting in 10 versus one, you have the whole mobilization cost and all that, so I appreciate that. But just a rough number, because I don't think we're talking about a huge amount of money, but we are talking about safety. So since we're talking about, you know, financial concerns, is there something that you can give me or get it to the Council? Say, if we're going to install 10 in an area? MR. YAMAMOTO: If I recall correctly, materials would be about $1,000 and the installation costs, probably another $2,000, so about $3,000 per speed hump. MR. RICHARDS: Per speed hump? MR. YAMAMOTO: Per speed hump. Page 10 PWMTC-12 August 6, 2019 MR. RICHARDS: Per speed hump. Okay. So, we're talking about the financing here. That being said, people, whether they live in Hawaiian Homes or not are still members of our County. They're still our community and I believe that they have as much need, and thereby as much right to have those installed there if they go through the process. And now I can fully appreciate what we're talking about. If you're talking about widening or drainage improvement and all that, and I realize we get into a funny area, because of the relationship between County and DHHL. With that being said, for the normal maintenance, and especially when it comes to safety, I've got an area that I've been asked to install speed humps in Hawaiian Homes near a school. I think they have a very valid point there, and so we need to move forward with that. So, I appreciate the concern, but that being said, we do have a fuel tax that pays for these things. The members of the Hawaiian Homes are buying fuel and paying that tax, and that's what the funding is there for. So I'm going to be supporting Council Woman Lee Loy going forward, because this to me makes a lot of sense. Not road improvements, widening, etcetera. But something like this to me falls under that. So I think we should figure out how to expedite this and getting going forward because it's been a long time. So with that, Chair I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you Mr. Richards. Mr. Chung. MR. CHUNG: Yeah, thanks for letting me talk again. I mean, I'm kind of glad this thing came up, because you know, it's shedding a little bit more light on this matter. And now that, you know, Ms. David says there's that precedent setting possibility. I look at it this way, if I went out and I treated some guys to lunch, that's not going to mean I got to treat them next time, right? I mean I really look at it that way. Yeah, that's what happened here. And you know, Ms. David, you mentioned, "Well you know, what about drainage improvements and road widening?" Those things are completely different. You know why, there is a law in place that provides for speed humps. But there's nothing that tells us when we have to put in drainage improvements, or you know, widen roads. Because there's a lot of roads and areas throughout our island that need these things. But there's no real specific laws that relate to that. But in this one, there is a specific law, and it all comes down to just treating our—as Mr. Richards says, treating, you know, everyone fairly. And I just think that we should try to, you know, adopt a can -do attitude instead of letting other things, you know, maybe hamper us. But I certainly see where you're coming from, but I just think, let's just move ahead. You know, the time that we spent discussing this thing, and the last time, we probably could have put Page 11 PWMTC-12 August 6, 2019 two speed humps, right? You know, the filming. So, right? It cost money, you know, to film these things. So you know, let' just get it done, yeah? Thank you. MAYOR KIM: Mr. Chairman, may I say something? I need this Council to understand what we're trying to do in working with all agencies. I think if you call Mr. Aila right now, and ask him what we're working on together, he will mention pomaile, working together to clear out that area and make a better living area; a camping area and a picnic area. And also what we're looking forward to in regards to other areas of clearing together. That's all I'm asking for. We'll state it. Speed humps, okay, will be the responsibility in regards to the maintenance section of road improvement. But still, Hawaiian Homes was asked if they could contribute, they weren't told they have to, and they agreed. I really see absolutely nothing wrong with that to expedite the project. And we will continue to do that even with the private sector. If they can contribute, we grab it. And that's all we're doing here. MR. CHUNG: And as I said earlier, I personally don't have any problem with that, but we can move ahead. And if the Department of Hawaiian Home Lands wants to reimburse you guys, fine. But that's something, now, they have to talk to their beneficiaries about to see, you know, whether the beneficiaries actually benefited from this expenditure of monies. But, I understand where you're coming from. MAYOR KIM: And as I said, there was no problem with them to contribute. Like I said, this is not an independent thing. We just got through working with them to clear out Pomaile. MR. CHUNG: Right, okay. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung. Ms. Eoff. MS. EOFF: Thank you. Real quick. So did the community already initiate the process that it takes to—they did? MS. LEE LOY: Chair, if I may. Yes, and therein lies some of the hiccups, because when you initiate the request for speed humps, you have to survey all of your property owners. There's a process, and nowhere in this process did it indicate that the beneficiaries of Hawaiian Home Lands would need to contribute a cost sharing. It wasn't until at the very end, that the department stepped forward and said, "Hey, we've got to do a cost sharing." And then just to help the rest of my colleagues understand, yes, the Department of Hawaiian Home Lands is very unique. But what happens here is, they are supposed to do a beneficiary consultation with the beneficiaries, propose the idea Page 12 PWMTC-12 August 6, 2019 of a cost sharing, allow the beneficiaries to give a thumbs up or a thumbs down, and then approach the Administration. What's happening here is, the Administration comes to the Council to tell the Council, we're going to negotiate terms of cost sharing with DHHL. That is not the accurate way forward. So yes, there is flexibility as the Mayor talks about it. But we're talking about large improvements for things within the homestead communities. Not road maintenance. They're two very different things. They're apples and orangutans. That's how very different it is. We're not comparing apples and oranges. We're comparing apples and orangutans. Drainage improvements, sidewalk improvements, road widening in which could be expedited to the benefit of the beneficiaries through the beneficiary consultation process. That's that way forward. What we have in front of us is a process afforded to any other member of the public to request speed humps in their community. MS. EOFF: Thank you. And I just understand the issue better now. But, I think most of us—well that's the reason I voted for the increases in fuel tax and GE surcharge, was to be able to provide these safety improvements in our neighborhoods. And especially as inexpensive as speed humps that have gone through the process. I mean we've all experienced that in our own communities where we've been asked, how do we get speed humps on a street? And then it goes through, not only the people on that road agreeing to it, but you know, we've had some issues where the road does not qualify for speed humps. So you know, there is a process that the County goes through. And if we look at it as a separate kind of maintenance item, then a major drainage and all of that, then yeah, it doesn't really seem like it should be a problem. Whether the County takes the initiative and goes ahead and makes this neighborhood safer. MAYOR KIM: Mr. Chairman, I'll just restate we accept speed humps as a road maintenance factor. I'm just saying, we still like to ask for a contribution, if allowed. Not make it a requirement. If that's not okay with the Council, then so be it. ACTING CHR KANEALI`I-KLEINFELDER: Any further comments? Thank you. As we were talking, oh, you're back. You want to talk yet? MS. LEE LOY: Mayor, can you let Mr. Yamamoto know to get that done in the next six weeks, please? MAYOR KIM: I understand your concern and urgency. No (inaudible) on safety factor. But I made a pledge, unless it is of extreme emergency, I don't tell any department our priorities. As they'll say, you know, they know their priorities and unless it's an extreme case, I don't interfere. It's just a general policy I made with all departments. MS. LEE LOY: Mr. Yamamoto, they put in a request years ago to get this done. Page 13 PWMTC-12 August 6, 2019 MR. YAMAMOTO: Yeah, we'll get to it as soon as we can. MS. LEE LOY: Six weeks? MR. YAMAMOTO: I cannot promise anything, but we can try. MS. LEE LOY: Please, try. Six weeks. I'll take five. Thank you, Mayor. I yield. MAYOR KIM: It did not state it here, but this is a project started before his time as Public Works Director, he's committed he'll do it as soon as he can, and we will do that. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Joe, did you have something you wanted to say? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Good morning, Chair and members of the Council, Joseph Kamelamela, Corp. Counsel. Anyway, there is a process that still has to be followed because I heard the Chair talk about an ordinance. And I also heard Council Member Lee Loy talk about the uniqueness of Hawaiian Homes. So the process, in order to move something forwardI mean there's different ways to do it. One way is to do it by resolution. And I know that there was a resolution that was proposed in the Fall. And you can—if it is in agreement with them, just don't do the cost sharing, but under our ordinances and statute, you still would have to go through a resolution, because it's an intergovernmental agreement that they still would have to reach. So that's the process. I mean there's another way to do it. So just telling him to do it right now, he's under no obligation to do anything. Okay, unless we have an agreement. And it's easy to do, yeah? ACTING CHR KANEALI`I-KLEINFELDER: Are you done Joe? Mr. Chung. MR. CHUNG: Yeah, I mean I agree with Joe, that if we were going the route of an intergovernmental agreement, then we'd need the resolution. But, we're not, I don't think anybody's asking for that. We're just saying, hey David, just go ahead and treat these guys just as you would any other request. And if Department of Hawaiian Home Lands says, hey, you know, we want to kick in some money too, after the fact, then we can deal with that later on. But you know, kind of move ahead. Page 14 PWMTC-12 August 6, 2019 MR. KAMELAMELA: See there's a process, because Hawaiian Homes, I don't know how involved—they're the owner. So, they have to go through a process. And I think it's something easy to do, but in order for him to act on it. MR. CHUNG: But on the resolution though. MR. KAMELAMELA: Well, that's the preferred way. I mean there's other ways. MR. CHUNG: Well, I forgot what happened. A Memorandum of Agreement. MR. KAMELAMELA: Yeah but the Memorandum of Agreement has to go through a resolution too. So, just putting it out there. There's a process to follow. MR. CHUNG: They've been waiting a long time already. So, just do it and if the Department of Hawaiian Home Lands wants to sue us, then they can do that too. MR. KAMELAMELA: Okay. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Joe, what are some of the other ways that this can happen? MR. KAMELAMELA: We do have an ordinance if the Council wants to do an ordinance for speed humps. You know, to do it on Hawaiian Home Lands. ACTING CHR KANEALI`I-KLEINFELDER: Create legislation that enforces that we will install speed humps on Hawaiian Home Lands. MR. KAMELAMELA: Yeah, on Hawaiian Home Lands. Because the way that it's written now, you know, we have to get approval from Hawaiian Homes to install the speed humps on their property. ACTING CHR KANEALI`I-KLEINFELDER: Okay, what else? MR. KAMELAMELA: I heard him talking about a right of entry, given the way the statute is written is for intergovernmental. ACTING CHR KANEALI`I-KLEINFELDER: Are there any other ways that it can happen? MR. KAMELAMELA: In regards to process, no. ACTING CHR KANEALI`I-KLEINFELDER: Okay. MR. KAMELAMELA: That requires Council approval. Page 15 PWMTC-12 August 6, 2019 ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you. Ms. Lee Loy one more time. MS. LEE LOY: Yeah, thank you Chair. I just want to take it home already. It was done on other Hawaiian Homes community roads without a resolution. Former Council Member "Fresh" Onishi got it done. There was never a resolution; there was never cost sharing for speed humps. Larger improvements, perhaps. There's a separate process for that. So when we talk about precedent setting, it's been done. Under the terms of this MOA. This is really, just speed humps next to a school in Keaukaha. I cannot describe it any other way. This is for the safety of our kids. And to vacillate back and forth, I don't understand it. MAYOR KIM: There is no back and forth, but we will get it done. ACTING CHR KANEALI`I-KLEINFELDER: Any further discussion? Okay, Ms. Villegas. MS. VILLEGAS: I'm just going to quote NIKE. Say, just do it. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Villegas. As we were talking, I was catching myself up on different sections of our Code, and reports on roads in limbo from 1989 and how State land and County land and jurisdictions overlap. I'm trying to educate myself, because I'm still learning. But it looks like there's a very clear succession of statues that the public highways to be maintained by the County. And even the definition of a highway seem to fall under what we should be maintaining. And there's been a lot of legal precedent that puts that maintenance on the County's behalf, whether it's State land or County land or roads in limbo. But, still a lot of back and forth. And I have a lot of questions too in my own district. I think across this island, we have huge amounts of roads in limbo, and we have Hawaiian Homes, and we have all these different jurisdiction levels which just leads to a bunch of frustration from the community and amongst us and how we take care of the people of this County, which is really what we're supposed to be doing. MAYOR KIM: Mr. Chair, since you opened up a `can of worms', may I say something to that? This is griping time. What the State Legislature does with a stroke of a pen, gave the County government all road maintenance responsibility for roads in limbo, paper roads, to government roads, whatever you call. It added approximately 450 miles of roads to the County inventory without a dollar with that ruling. And you know, when I found out about it, I was at Civil Defense and I was told that, and said, "Okay, where's the money." Because there were certain Page 16 PWMTC-12 August 6, 2019 roads that were heavily used. And we lobbied and begged the State, and they gave us $2 million for the first time, and one time around only, which went out like nothing. But that's what happened on that roads in limbo that Mr. Chung is well aware of Four hundred and fifty miles with a stroke of a pen without a dollar added to our inventory that all the lands, I repeat sir, all the lands that the road laid on was State land. That's how we got shafted. ACTING CHR KANEALI`I-KLEINFELDER: I've been trying to learn as much as I can because it's a problem across our island, and again in my district as well. And I have yet to find a nice way forward that doesn't hurt anyone. MAYOR KIM: Well, thanks for letting me gripe. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. I do need to say, and I've been listening to this conversation about Hawaiian Home Lands, and State and County, and jurisdictions being crossed. And I'm just going to go ahead and say that on Mauna Kea, we have had no problems crossing County, State, and Hawaiian Home Lands jurisdictions at will. We even declared a State of Emergency. I mean maybe we can declare a State of Emergency in Keaukaha, and then put speed humps everywhere under this State of Emergency. Sorry, that was sassy. But obviously, when we want to we can move within jurisdictions between County, State, and Hawaiian Home Lands, as needed. Also for me, I have had different projects in my districtMr. Yamamoto you're very aware of Mr. Sam Cooper and other areas where we've been asked to put speed humps, and we have fulfilled their requests in a very timely manner. (Inaudible). What was that? I hate having to go there, but I like to try and take care of it and do what I can. So if there's been a request, it's been lying in the wind for years. And it's within our power to take care of it, I think we should. When you do that, I mean I would hope it would be sooner, other than later. But, obviously there is a will of the people to have it done. So, if we can try to get that done as quickly as possible, I think that'll be nice. With that being said, can we have a vote to close file on this communication? Vote on Comm. 363: The motion to close file on Comm. 363 was carried by the Filed following voice vote: Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. Page 17 PWMTC-12 August 6, 2019 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 92-19: GRANTS A VARIANCE FROM CHAPTER 3, ARTICLE 1, DIVISION 4, (Draft 2) SECTION 3-6(b)(3), AND CHAPTER 3, ARTICLE 2, DIVISION 2, SECTIONS 3-58(b), 3-58(c), AND 3-60(a), OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW TWO WALL SIGNS AND TWO DIRECTIONAL SIGNS ON 75-146 SARONA ROAD, TAX MAP KEY: 7-5-007:009 Grants a sign variance to Kona Hospitality for two wall signs and two ground directional signs for the Holiday Inn Express and Suites. Reference: Comm. 155.2 Intr. by: Ms. Lee Loy (B/R) Referred to the Kailua Village Design Commission: March 12, 2019 and Comm. 155.4: From Public Works Director David Yamamoto, dated July 18, 2019, transmitting supplemental documents. MR. BROWN: Excuse me, Mr. Chair, there's a current motion on the floor by Ms. David, seconded by Ms. Villegas to move Resolution 92-10, Draft 2, as amended to the Council with a favorable recommendation. So we can start discussion when you're ready. ACTING CHR KANEALII-KLEINFELDER: Okay. Do I need to motion it? No, okay. Again, as Ms. Lee Loy brought this up, I'll let you start the discussion. MS. LEE LOY: Thank you, and in the effort of time here, my colleagues you will find Communication 155.4 just as a backdrop. This was something that had been within the Department of Public Works for more than five years. And at that time, I retooled the resolution, in which we have before us, and a pending motion on the floor, which is Resolution 92-19, Draft 2. You will find all of the supplemental documents, which also includes: the Sign Application, a letter from the Kailua Village Design Commission; along with the sign plans themselves of the location of the signs. At this time, I feel that this is more than a complete document, and would continue to urge my colleagues to support a favorable recommendation of Resolution 92-19, Draft 2, to the Council. ACTING CHR KANEALII-KLEINFELDER: Okay, any discussion? Seeing none, so on the floor we have a motion to forward Resolution 92-19, as amended. All those in favor say "aye." Page 18 P W MTC-12 August 6,2019 Vote on Res. 92-19: The motion to recommend adoption of Res. 92-19, Draft 2, (Draft 2) was carried by the following voice vote: (Approved) Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. ACTING CHR. KANEALI`I-KLEINFELDER: Motion carries. BILLS FOR The Chair directed the Committee to proceed to the next order of business, Bills ORDINANCES: for Ordinances. (There were none.) ACTING CHR. KANEALI`I-KLEINFELDER: Motion to adjourn. ADJOURN- There being no further business, at 10:24 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—9. Noes: None. Absent: None. Excused: None. ACTING CHR. KANEALI`I-KLEINFELDER: We are adjourned. Approved: '18/aL.(Q s. • . K. Lee Loy, Cha' (Date) • is Works ;nd Mass Transit Committ-- SL/dt Page 19