HomeMy WebLinkAboutMIN COUNCIL 2019-07-24 2018-2020 Hawaii County Council
181h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 24, 2019
INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:10 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 (via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Ms. Valerie T. Poindexter, Member (via videoconference from Hilo)
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Villegas 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 (There were none.)
EXPRESSIONS OF
CONDOLENCE:
AMEND THE ACTING CHR. EOFF: At this time, I would like to draw everybody's attention
AGENDA: to Communication No. 383.1, and I'd like to give the floor to Ms. David. This is
notice of an intent regarding Resolution 233-19. Ms. David.
MS. DAVID: Mahalo, Chair; and aloha, everyone.
Hawaii County Council-18 July 24,2019
Motion to Amend Ms. David moved to amend the agenda by adding
Agenda: Resolution 233-19, pursuant to Hawaii Revised Statutes,
Section 92-7(d). Seconded by Ms. Villegas.
MS. DAVID: Thank you, Chair. Vice Chair Eoff, with your permission, I
request a little latitude to explain and provide some background information. For
the record, Communication 383.1 has a typo on the reference to the statute. It's
listed as 92.2(4), but it should be 92-7(d) so just for the record. And that statute
also provides that no board shall change the agenda less than six calendar days
prior to the meeting by adding items to the agenda without a two-thirds recorded
vote of all members to which this board is entitled.
So in as much as Section 92-7(d) allows a method to add an item to the agenda, it
also contains a provision that if an item is of reasonable major importance and
action by the board will affect a significant number of persons, it shall not be
added to the agenda.
Resolution 233-19 is non-binding and merely urges that an action be considered.
In this particular situation, Resolution 233-19 urges the Governor and Mayor to
consider Senator Kaiali`i Kahele's request for a 60-day moratorium or cooling off
period to prevent further escalation of the situation at the base of
Mauna A Wakea.
So, given the events of yesterday, following Governor Ige's visit to
Mauna A Wakea yesterday afternoon, this request in my opinion appears timely
and appropriate. So, should Resolution 233-19 get the necessary two-thirds vote
and is added to this morning's agenda and, following deliberation, it passes, it
does not have a force and effect of law, and the Governor is still the ultimate
decision-maker whether or not to do what is being requested by
Resolution 233-19.
So, in the interest of allowing time for the parties to come together and discuss
what can be done, I ask that you consider the merits and rationale of my position
and concur in placing Resolution 233-19 on today's Council agenda for
discussion and consideration. Mahalo a nui loa to everyone, and I yield. Thank
you, Chair.
ACTING CHR. EOFF: Thank you, Ms. David. Mr. Clerk, we can enter into
discussion on this motion? Okay. Does anyone have any comments about
amending the agenda at this time? And, Hilo,just speak up so I don't miss
okay. No discussion? Okay, then, we'll take a vote. Mr. Clerk.
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Hawaii County Council-18 July 24,2019
Vote on Motion to The motion to amend the agenda by adding
Amend Agenda: Resolution 233-19, pursuant to Hawaii Revised
(Approved) Statutes, Section 92-7(d)was carried by the following
roll call vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
(Note: Mr. Richards voted "kanalua" then "aye.")
ACTING CHR. EOFF: Thank you.
MS. POINDEXTER: Madam Chair? This is Val Poindexter.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: When we're taking votes, can we ask that you turn on your
mics there, because we can't hear what your votes are.
ACTING CHR. EOFF: Okay. That's a good point.
MS. POINDEXTER: Yeah. Thank you.
ACTING CHR. EOFF: So, Council Members, when you are asked to vote,please
turn on your mic. Okay, thank you. Okay, so we will go to Statements. I don't
think we have any certificates this morning. So, we'll go to Statements from the
Public on Agenda Items.
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:
Nai`a Nakasone: Res. 233-19 (Comm. 383), in opposition.
Chad Kalepa Baybayan: Res. 233-19 (Comm. 383), in opposition.
(See Comm. 383.43)
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Hawaii County Council-18 July 24,2019
Toni Withington: Res. 216-19 (Comm. 359), in support.
(representing Kohala Lihikai,
Kamakani O Kohala `Ohana,
Malama Kohala Kahakai,
Maika`i Kamakani O Kohala, and
Malama Na Wahi Pana O Kohala)
Nako`olani Lee Loy Res. 233-19 (Comm. 383), in support.
Warrington:
Bridgit Lee Loy Bales: Res. 233-19 (Comm. 383), in support.
Leila Kealoha: Res. 218-19 (Comm. 362), in support.
(representing Big Island
KAPONO)
Leah Gouker: Res. 218-19 (Comm. 362), in support.
(representing Na Lau`O o Ka`akepa
and Kealoha Estate)
Smiley Burrows: Bill 86 (Comm. 341);
Res. 218-19 (Comm. 362); and
Res. 233-19 (Comm. 383), in support.
Luana Jones: Res. 218-19 (Comm. 362); and
(representing Pohoiki Res. 233-19 (Comm. 383), in support.
Friends of the Park)
Cory Harden: Res. 216-19 (Comm. 359); and
(representing Sierra Club Res. 233-19 (Comm. 383), in support.
Hawaii Island)
Abolghassem Abraham Res. 205-19 (Comm. 336);
Sadegh: Res. 210-19 (Comm. 347);
Res. 217-19 (Comm. 360), comment; and
Res. 233-19 (Comm. 383), in opposition.
Honu Lafitaga: Res. 233-19 (Comm. 383), in support.
Harold Meltzer: Res. 233-19 (Comm. 383), in opposition.
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Hawaii County Council-18 July 24,2019
Dwight J. Vicente: Res. 203-19 (Comm. 334);
Res. 204-19 (Comm. 335);
Res. 216-19 (Comm. 359);
Res. 218-19 (Comm. 362);
Res. 233-19 (Comm. 383);
Bill 81 (Comm. 313); and
Bill 85 (Comm. 337), comment.
Nelson Ho: Res. 233-19 (Comm. 383), in support.
Taimiroa Pajimola: Res. 233-19 (Comm. 383), in support.
Debbie Hecht: Res. 216-19 (Comm. 359), in support.
(representing Save Our
Lands Citizens Committee)
Nadine Ebert: Res. 210-19 (Comm. 347), in support.
(representing O Ka`u Kakou)
Richard Ha: Res. 218-19 (Comm. 362), in support.
Judi Houle: Res. 212-19 (Comm. 350), in support.
(representing Puna (See Comm. 350.1)
Neighborhood Watch)
Brenda Ford: Res. 216-19 (Comm. 359); and
Res. 233-19 (Comm. 383), in support.
Sue Dursin: Res. 216-19 (Comm. 359), in support.
Helene Spencer: Res. 233-19 (Comm. 383), in support.
Michael Harrington: Res. 218-19 (Comm. 362), in support.
(See Comm. 326.6)
Bunnie Harrington: Res. 218-19 (Comm. 362), in support.
(See Comm. 326.5)
Simmy McMichael: Res. 233-19 (Comm. 383), in support.
Leslie M. Iijima: Res. 233-19 (Comm. 383), in support.
Philip Ong: Res. 218-19 (Comm. 362), in support.
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Hawaii County Council-18 July 24,2019
Dane DuPont: Res. 218-19 (Comm. 362), in support.
(representing Hawaii Tracker)
Kamanawa Kinimaka: Res. 233-19 (Comm. 383), in support.
Wendy Laros: Res. 233-19 (Comm. 383), in opposition.
(representing Kona-Kohala
Chamber of Commerce)
Recess: At 11:08 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 11:21 a.m.
Tom Cumming: Res. 218-19 (Comm. 362), in support; and
Res. 233-19 (Comm. 383), in opposition.
Shama Dawn Prevost: Res. 218-19 (Comm. 362); and
Res. 233-19 (Comm. 383), in support.
Tara Shim: Res. 233-19 (Comm. 383), in support.
Cindy Freitas: Res. 233-19 (Comm. 383), in support.
Deborah Ward: Res. 216-19 (Comm. 359); and
Res. 233-19 (Comm. 383), in support.
Mala Landt: Res. 218-19 (Comm. 362); and
Res. 233-19 (Comm. 383), in support.
Rexanne Ring: Res. 233-19 (Comm. 383), in opposition.
Cherie Griffore: Res. 205-19 (Comm. 336);
Res. 213-19 (Comm. 351);
Res. 216-19 (Comm. 359);
Res. 218-19 (Comm. 362); and
Res. 233-19 (Comm. 383), in support.
Ikaika Marzo: Res. 218-19 (Comm. 362); and
Res. 233-19 (Comm. 383), in support.
Robert M. Yamada IL Res. 233-19 (Comm. 383), in support.
(representing `Aha Kanaka
Moku O Keawe)
Kulani Nelson-Riley: Res. 233-19 (Comm. 383), in support.
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Hawaii County Council-18 July 24,2019
Lamaku Mikahala Roy: Res. 233-19 (Comm. 383), in support.
Shana W. Logan: Res. 233-19 (Comm. 383), in support.
(See Comm. 383.44)
Nancy Crawford: Res. 233-19 (Comm. 383), in opposition.
J. Leina`ala Sleightholm: Res. 233-19 (Comm. 383), in support.
Stalina Hokulani Reyes: Res. 233-19 (Comm. 383), in support.
Millicent Cummings: Res. 233-19 (Comm. 383), in support.
Hope Kallai: Res. 218-19 (Comm. 362); and
(representing Kia`i Wai Res. 233-19 (Comm. 383), in support.
o Wai`ale`ale)
Keala Kahawai: Res. 233-19 (Comm. 383), in support.
Tiffany Rose Brown: Res. 233-19 (Comm. 383), in support.
Terri Impson-Richards: Res. 233-19 (Comm. 383), in opposition.
Yvonne Verburgt: Res. 233-19 (Comm. 383), in opposition.
Kimberly Crawford: Res. 233-19 (Comm. 383), in opposition.
Jesse Kekoa Kahoonei: Res. 233-19 (Comm. 383), in support.
Tiare Hewlen: Res. 233-19 (Comm. 383), in support.
Jose Quintero: Res. 233-19 (Comm. 383), comment; and
Bill 85 (Comm. 337), in support.
ACTING CHR. EOFF: I thank everybody for being here today and for your
patience. We still have the regular agenda to take up, but I know that I have a
nominee here for the Real Property Tax Review Board, and I have two quick
items, I think it's Bills 85 and 81. I've been asked to take those out of order as
soon as possible. Let's do that and then decide after that what we're going to do
about either a lunch break or going into further business, okay. All right.
Mr. Clerk, would you mind reading in Communication 355?
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:
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Hawaii County Council-18 July 24,2019
Comm. 355: NOMINATION OF REIKO FORD TO THE TAX BOARD OF REVIEW
From Mayor Harry Kim, dated July 5, 2019, submitting for the Council's review
and confirmation the above nomination.
Waived: FC
Requires Council
Confirmation by: August 18, 2019 (Section 13-4(1),
Hawaii County Charter)
Vote on Comm. 355: Ms. David moved to confirm the appointment of
(Approved) Reiko Ford to the Tax Board of Review. Seconded by
Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
(Note: At this time Assistant Real Property Tax Administrator Keita Jo
came forward to introduce the nominee to the members of the Council.)
Council Members spoke in favor of the appointment.
ACTING CHR. EOFF: This is the final reading, so you've been approved for
your position.
MS. FORD: Thank you so very much. Appreciate it.
ACTING CHR. EOFF: Thank you. Okay, Council Members, if you don't mind,
I'll go quickly if Zendo is still there.
MS. KIERKIEWICZ: Chair, he left but he is ready to run over if there are any
questions.
ACTING CHR. EOFF: Okay.
MS. KIERKIEWICZ: We also have the Shiroma family here for Bill 85.
ACTING CHR. EOFF: Yes. Okay, we'll try Bill 85, and we'll go to Bill 81 after
that whether or not Zendo's back. So, Bill 85, Mr. Clerk.
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Hawaii County Council-18 July 24,2019
Bill 85: AMENDS ORDINANCE NO. 07-105 WHICH RECLASSIFIED LANDS FROM
SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL—40,000 SQUARE FEET (CN-40) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-2-039:031, 057, 068, AND 069 (Applicant: AutoZone Parts, Inc.,
formerly Ginger Patch DP, LLC)
(Area: approximately 88,317 Square Feet)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow a five-year time extension to Condition C
(Time to Complete Conversion) and modify 10 conditions to accommodate the
updated request, in which the applicant proposes to construct a 9,046 square foot
commercial development with a minimum of 57 paved parking stalls, landscaping,
and related improvements. The property is located along the north side of East
Puainako Street, between Kilauea Avenue and Kekela Street.
Reference: Comm. 337
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-26
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 85 on first reading and
adopt Planning Committee Report No. 26. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion? We have the applicant here too. So,
maybe we should hear from him first.
(Note: At this time, Jose Quintero, Applicant, came forward to address
the members of the Council.)
ACTING CHR. EOFF: Do you have anything to ?
MR. QUINTERO: No.
ACTING CHR. EOFF: I know we heard from you at Committee. Okay, are there
any questions or further comments, Council Members? Seeing none, then, all in
favor please say "aye."
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Hawaii County Council-18 July 24,2019
Vote on Bill 85: The motion to pass Bill 85 on first reading and adopt
(Approved) Planning Committee Report No. 26 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: The motion carries, and Bill 85 will go to second reading
in two weeks. Okay, Mr. Clerk, Bill 81.
Bill 81: AMENDS SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES
(A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT KIHALANI,
NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:030
(Applicants: Leonard and Marianne Freeman) (Area: approximately 11.57 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicants to apply for subdivision of
the parcel and create a two-lot subdivision for estate planning purposes. The
property is located on the northwest side of Kihalani Homestead Road.
Reference: Comm. 313
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: July 9, 2019
Vote on Bill 81: Ms. Kierkiewicz moved to pass Bill 81 on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 81 is adopted. Okay, now, I'd just like to get a feel
from the Council Members. I probably need to take a lunch recess, either a quick
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Hawaii County Council-18 July 24,2019
one or a lunch recess. I'm hearing that Council Members would like a recess, but
we do have people here that have been waiting to hear our discussion on a couple
of items. I may have to ask them to come back or—can I hear from ?
MS. KIERKIEWICZ: Chair, here in Hilo?
ACTING CHR. EOFF: Yes?
MS. KIERKIEWICZ: There is consensus among Council Members Lee Loy,
Poindexter, and myself that we would like a short break, but we would like to
continue with robust discussion on the many pressing matters that we have before
us today.
ACTING CHR. EOFF: Okay. I have some nods here too. So, maybe that would
be more respectful to the people that have been waiting to
MS. KIERKIEWICZ: I advocate for 15 minutes. We can eat quickly. Oh, okay.
Is that all right? We'll take a 15-minute quick lunchbreak and resume our
business at about 1:15. All right? Okay? I'm getting the nods. So, thank you. A
15-minute recess.
Recess: At 1:00 p.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 1:27 p.m.
ACTING CHR. EOFF: I'd like to call this meeting out of recess and begin at the
top of our agenda with the minutes. After that, I'll go to Reso. 233 and then the
Reso. 218 and then the Charter amendment. So, we'll do those three up top. But
can we do the minutes first?
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.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to approve the minutes of
June 4, 2019. Seconded by Ms. David.
ACTING CHR. EOFF: Any discussion? I'd just like to note that this is very
current minutes. So, thank you to whoever's keeping us current. All in favor,
please say "aye."
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Hawaii County Council-18 July 24,2019
Vote on Approval of The motion to approve the Minutes of June 4, 2019, was
Minutes: carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: The minutes are approved. Okay, Mr. Clerk, can you
read in the reso that was the amended agenda Reso. 233?
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. 233-19: STRONGLY URGES THE HONORABLE GOVERNOR IGE AND THE
HONORABLE MAYOR HARRY KIM TO HONOR THE REQUEST OF
SENATOR KAIALI`I KAHELE CALLING FOR A MORATORIUM ON THE
CONSTRUCTION OF THE THIRTY METER TELESCOPE ON MAUNA
A WAKEA
Reference: Comm. 383
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 233-19. Seconded by
Ms. Villegas.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Thank you very much, Chair. This has been such an emotional
morning for everybody. I have sat here and basically realized that all the things
that were said, both for and against, is indicative of why we are here trying to
resolve things that have been or not been done for many years.
I believe it has a lot to do with government in establishing different procedures
and processes that would have, I think, at least prevented some of these conflicts
from happening. If we only had an outline of how we assess things such as sacred
sites, the ceded lands trust and all of that. I'm not going to repeat it because the
testifiers, I thank all of them, the ones that even oppose it, because it's just very
clear in my mind. And that doesn't make me any more sure in what the answer is.
And I don't think we all know. But what I do know from listening to this is that
we need some time that this resolution is requesting.
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Hawaii County Council-18 July 24,2019
Whether the Governor asks for a 60-day moratorium on construction, that's
totally in his purview. But what I do think we are moving towards is a sit-down
and ho`oponopono, like Senator Kahele suggested. And at least we can all say we
were all at the table, we agree to disagree and then whatever the result is, we have
to give it up to. That's what we have to live with or work with.
So, I really want to thank, especially, our kupuna at Mauna A Wakea because
they have chosen this to be their kuleana, and they're doing it for every single
Native Hawaiian on this island and elsewhere. I see that each of us have our own
kuleana. And I think together this will, I pray, have a positive and meaningful
ending, and we can all move forward.
So, I don't think I can add anything more than what I heard today that touched my
heart to the deepest part. So, I'll yield to my Council Members at this time
because I think I've said enough. I've done what I could on my level on this
Council's ability or jurisdiction to do. This is not our jurisdiction, and this
resolution encouraging the Governor to talk story is about the most that we can
do. And I appreciate your coming here and sharing your deepest feelings and
thoughts about this matter. So on that, Chair, I yield. And I just really humbly
ask that my colleagues can see this way of finding a resolution—finding the
merits of this resolution and vote to support it. Mahalo, I yield.
ACTING CHR. EOFF: Okay, thank you, Ms. David. Council Members, and
those in Hilo, can you let me know ?
MS. POINDEXTER: Chair? This is Val.
ACTING CHR. EOFF: Okay, go ahead, Val.
MS. POINDEXTER: I just want to say I support this resolution. I've heard
testimony today from both sides that were very emotional, some even sounding
angry—on both sides. And I think we need this to like, what Council Member
Maile David stated, there needs to be some type of ho`oponopono or coming
together of the meeting of the minds, I think. And out of respect for both sides we
need that. Especially, I would say, the kupuna and the people up on the mauna.
Because a lot of times, I was there at community meetings when TMT (Thirty
Meter Telescope) came out to our communities, and I didn't see any of our local
community members be a part of that discussion or ask to participate in any way.
I mean, I've been to a couple in my community, which I did share with the
University my disappointment on the type of presentations that came to our
communities.
So, I think it's time to just sit down. Feelings are escalating in all kinds of ways
on both sides, and we definitely need to come together. I support and I thank
Senator Kahele for bringing this forward. And I thank Council Member
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Hawaii County Council-18 July 24,2019
Maile David for bringing this to our Council and, hopefully, share a voice
supporting that resolution and a voice supporting Senator Kahele's intentions.
Mahalo.
ACTING CHR. EOFF: Okay, thank you. Any other comments, Council
Members? Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. Where do you start? We all talk about
how we feel about this, and it's truly a feeling down deep. I have very strong
feelings about this. I'm sixth-generation kama`aina. I have seventh generation on
the ground. My youngest are five-year-old twins. I come from a long line of
stewards of the land. A friend of mine was telling me about the mountains and
the feeling from the mountains. Different words for the mountain.
Kohala Mountain, which is my home, ola, life. The feeling that I have for the
mountain. It's not about work in the mountain. It's about feeling the mountain.
We talked about Mauna Kea ikaika, strength. And I get the feeling. I was going
to vote against allowing this resolution to come on the agenda, but I didn't do that
because of my deep respect and aloha for Maile David and she brought it forth.
For no other reason, it's because I respect that lady.
But then let's talk about some of the other stuff KTA (KTA Super Stores) has
been a staunch supporter of this community, this island, for a 100 years, and
they've been targeted because they're a supporter of TMT. The question that
needs to be asked but so often has failed to be asked is "and then what?" We do
something, and then what? And we have to be mindful of our decisions and what
we do, not for this generation because, quite frankly, whatever we decide for this
generation, it doesn't matter. It's for the next generations and the next
generations.
And I'm going to do something that I do not normally do. I'm going to go off my
script, which is not talking from a script, and actually read something:
"TMT has been a polarizing episode in our County and State's history. Many of
us have friends and family on both sides. With any decision that affects so many,
I, without fail, try to seek the balance between culture, the environment, and the
economy.
"I believe our greater community is trying to do the same. As we collectively
move forward, it's my hope that all sides remain mindful and respectful of each
other's beliefs and opinions.
"Where am I in this discussion? Simple. I am concerned about the future of our
County and the generations to come. To plan for that future, we must worry more
about what is ahead of us than what is behind us. We must be more concerned
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Hawaii County Council-18 July 24,2019
about our entire community's success rather than any one group or portion
thereof I am not saying we ignore any concern, but we strive for middle ground.
It is not reasonable to expect everyone to agree. We must embrace our past, learn
from the mistakes, celebrate the successes, and use this to guide us forward.
"TMT is not an argument between culture and science. They can and do coexist.
Kamehameha the Great proved that as he embraced western technology. It is not
an argument of development or not. Our County has tripled its population in my
lifetime. Anyone who lives in our County must support growth, or they're
ignoring the fact that they themselves are part of the growth.
"We need new horizons that can complement our island, our cultures, and our
communities. TMT can be part of that fabric culturally, economically, and
environmentally. It is not an argument on disrespect or desecration. Some may
say that any structure on the mountain is a form of desecration. It is an opinion.
It is not an argument of access. Mauna Kea belongs to everyone. All citizens of
the County can enjoy what the mountain has to offer. Our County also enjoys
access. Our people enjoy the access via the roads that were paid for by
astronomical community members, the current observatories.
"It's not an argument of inherent value for the study of science and exploration.
Every person in our County, State, and Country enjoy the benefits of modern life
that come from scientific discovery. Cell phones, computers, GPS (Global
Positioning System), and even our cars all are better and exist from applied
science that came from scientific exploration and understanding. Astronomy is
part of that journey.
"It is not a discussion on whether or not the location for TMT is appropriate. That
is self-evident. It is not an argument about adding another observatory to the
13 already there, with many reported in disrepair. That is simply not true and is a
fabricated myth. Of the 13 observatories there, 11 are functioning and two are in
the process of being decommissioned. I understand one is waiting for an
Environmental Impact Statement.
"It's not an argument about potential contamination of an aquifer. That has not
been identified there. It is certainly not an argument about foreign corporation
controlling TMT. TMT is a multinational organization with the U.S. playing a
major role in TMT oversight. Any statement to the contrary is, again, another
fabrication. It is also not an argument about storage tanks or mercury on the
mountain. That, too, is another made-up story to invoke fear. We should be far
more concerned about the 50,000-plus cesspools in our County right now that are
affecting our aquifers and coastline waters and reefs.
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"It is also not an argument of the process of approval that are not always popular
with a project that has been vetted through the process several times, and the
courts have found it to be legal standing to proceed.
"I support the law of the land. What I do believe this is, is an argument about
having a voice, a voice in the process and a voice to participate in self-
determination. Initially, things can and should have been done far better.
Management of the mountain should have been better. Now, because of the
extensive process and the involvement of deeply caring, thoughtful community
volunteers and leaders who insisted on raising the bar, it will be.
"Disallowing TMT to go forward is short-sighted and is jeopardizing the future of
our next generation. We need sound practices that are culturally sensitive,
environmentally friendly, and supply us with an economic resource to help our
community flourish. This includes funding for truly affordable housing, good
paying jobs, healthcare, and environmentally friendly renewable energy.
"I hope we'll learn from this very painful period. History has a tendency to repeat
itself unless we choose to set a new course. Planning for the success of our
children and children's children takes an understanding of our current challenges
while combining them with the future needs and the courage to get that done.
Change is difficult, but not moving forward is dangerous, bodes a grim future for
all, and could potentially be fatal to the social fabric of our island community."
Madam Chair, I yield.
ACTING CHR. EOFF: Thank you, Mr. Richards. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. First, I'd like to mahalo
every single person who came here today and testified for and against. I don't
like crying. I actually hate crying. But when you make me drop tears then you
know you got me. So that was the second, or third, or fourth, or maybe fifth time
in the last two weeks that I've done that. I don't like doing it.
I believe that the decision made here will be one of the most momentous decisions
made in the history of this State. And I think what I saw highlighted today again
and again is the divisiveness that has been created in our community by this
project. We are pitting `ohana against `ohana, police versus residents,
Government versus constituents and it's all being done on the backs of our
County and the residents of this County, really. And it's going to come down to
everybody. But really at the heart of it we, this County, are paying for what's
happening. The cost being incurred which is just one aspect of this. On behalf of
foreign entities, however you want to look at that, are going to be incurred by the
residents of our County and this entire State, both socially and fiscally. And
they're unnecessary.
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Hawaii County Council-18 July 24,2019
It is my job to speak for my constituents and I will. I support the moratorium that
Maile David put out and that Kai Kaheleactually sorry, that Kai Kahele put out
and that Maile David brought in and breached into this meeting. I support my
`ohana who's all Hawaiian. I support my constituents who are both for and
against. I support my own Puna officers who I saw on the mountain staring at the
people that they know from their own communities, and that was very hard to
watch. In support of all that I'm going to ask hard questions.
Yesterday, Ige visited the mountain for the first time. Our own Mayor was there
for the second or third time. I was there Saturday, Sunday, Monday, Wednesday,
Friday, and if I had enough time and didn't have so many things going on, I'd
spend more time there. This isn't about politics anymore. This is about
supporting the people who live here.
Again and again I heard today that it doesn't matter if, obviously, if you were
born here or you live here now, if you support this you support it. I completely
support this. I appreciate Maile David doing this, again. I will continue to go up
to the mountain. I will continue to help in whatever way I can. I think what
we're starting to see is a very clear change of the narrative and we're starting to
see true colors. And that's important.
I do need to say, again, I do support my officers because they're the same guys
who help us in our communities. And I am amazed by the degree of kapu aloha
that is being shown on that mountain because I myself would have a hard time
holding myself to that standard. And it is amazing and it is beautiful. And I
respect anyone who can do that to that degree in that kind of situation. Probably
one of the most amazing things I've seen in my life.
From being on Mauna Kea over the past week, two weeks, I can honestly say
that—and I will share this, that you said earlier and I forgot your name in the
green shirt. You said that what you felt up there was more real and there was
more aloha being shared than you felt anywhere else especially when you came
down. I echo that. I strongly echo that because when I came back down there
was something missing. And what's missing is the spirituality of Mauna Kea and
the realness of the people there and the reality of what's happening. And you
cannot fake that. So mahalo for that comment.
And again mahalo for everyone who came in here and who came in two weeks
ago. And like I said I'll continue to ask the hard questions. I'm going to ask in
two weeks. I'm going to ask in two more weeks and I'm going to keep asking.
We're giving everyone the opportunity to come in. And again, kapu aloha, you
can come in for or against. And we're going to listen the same way that the
protectors are doing on top of the mountain right now. So mahalo. Thank you for
your time. Thank you for the latitude, Chair. I yield.
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Hawaii County Council-18 July 24,2019
ACTING CHR. EOFF: Thank you. Hilo, I can't tell if you guys are asking to
speak yet or should I continue on with some Kona Council Members?
MS. POINDEXTER: Yeah, Kona.
ACTING CHR. EOFF: Kona. Okay, let me know. Ms. Villegas.
MS. VILLEGAS: My heart is racing. My pulse is pounding. I feel a little
overwhelmed, a little excited. A whole lot of recognition of how powerful and
impactful this issue has become. Running for office in the last election this is one
of the topics that came up that you answer questions about as you speak to
constituents. And I cumbered myself at the time with this not being an issue that
was necessarily in the spear of influence or the realm of responsibility of the
County Council.
I, from the deepest part of my na`au want to thank Mr. Kaneali`i-Kleinfelder for
asking a difficult question identifying the angle that makes it relevant for us and
asking for the areas of fiscal responsibility to answer the questions that then put it
in the sphere of influence that allowed the people of our County, the County of
Hawaii, who are the most impacted by this potential structure to have their voice
heard in their chambers, in the County offices that represent the constituents that
live on this island. That was a powerful, powerful day.
And I next want to thank Councilwoman Maile David. In her years of legal, law-
abiding, intuitive, discretionary, tenacious, thoughtful, spiritual, empathetic, and
dedicated to the core to the County of Hawaii, her heritage, her ethnicity, her
legacy, her kupuna. She identified another opportunity for us to be able to be a
conduit for the members of our community and this island to speak whether for or
against.
My heart breaks when I hear the speech of some. While grateful, in my mind it
brings me back to being a little girl watching TV. And when you watch the
cowboys and the Indians, who did you side with? Who did you side with, who
did you care for, who did you recognize as having connectivity to the land and the
greater good of the longevity of humanity and the species of our planet and our
ecosystems? I'll tell you I never really wanted to be a cowboy.
So I sit extremely humbled, tremendously grateful, aware that this is so much
bigger than any one of us, or all of us combined even. The earth, the `aina. I
mean, what was the blockbuster recently, Pandora? How many people watched
that movie and did not mourn for mother tree, did not recognize the irony of the
labeling of the resource they were there to mine being called unobtainium. I cried
in that movie. I'm sorry it's called Avatar. I'm obviously needing to breathe.
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Hawaii County Council-18 July 24,2019
But today my daughter is on the mauna. I was fortunate enough to go up the first
day and see Matt and bear witness. I have not been able to return but I recognize
the serendipity of my daughter being there today and having texted me and said,
"Mom, follow your heart. You're on the right side of this." And as I said during
the presentations in Hilo, I will never lie on my deathbed and regret siding with
the wisdom of first Nations people over siding with corporations. And for that I
support this resolution completely. I am grateful for those.
I would ask those that look at us as Council Members and may say your
responsibility is to represent your constituents and the businesses and da, da, da,
da, da. To that I would say please then look around and note all the other people
in positions of leadership. Whether or not that be politically or in the business
world, who are siding with the recognition that this is not pono. Something has to
change. The paradigm, the conversation, the way that it happens. Asking people
to abide by a legal system that they never agreed to, to begin with is ironic. And
with that I thank you for your time and your patience and your understanding of
my heart. Mahalo.
ACTING CHR. EOFF: Okay. Thank you. Mr. Chung.
MR. CHUNG: Yeah, thank you. You know I'm going to be voting against this
resolution. You know about 25 years ago, and I think Ms. David and Ms. Eoff
might have been involved in that, and I was with the Corporation Counsel's
Office. I was a deputy, kind of young at that time. And I was called upon to
substitute for another deputy who was on leave, and I was thrust into this public
hearing on an SMA (Special Management Area)permit. It was by Nansay
Kohanaiki. And I didn't even advise the Planning Department at that time so I
had to do my research really quickly. And after a lengthy period of testimony the
board, the Planning Commission was prepared to rule and they were going to
grant the SMA permit.
Again, quickly looking at the County Code and applicable laws, I stopped them.
And here's this guy who was a substitute Deputy Corporation Counsel. And I
said, you know, because there was a call from two different groups for a contested
case. One was from the Pai family and they were advocating cultural rights. And
then you had Jerry Rothstein guys who were kind of coming from that same angle
but a little bit different. So I kind of looked the law over and I stopped the board
and I said, "You know I really think that there is a need for a contested case.
There are people here who have standing." And so the commission was taken
back by that. But what I did also say was I think we could benefit from a 60-day
cooling off period. Which the board decided to go with.
You remember that, right? Okay. So they granted that and there was a furor.
The developers came up and they were asking me why I had done what I did.
And I said, that's the law. I have to go with the law. What happened is the
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developers, Nansay, came in for a motion to reconsider. And within one month
the motion was back on the docket and the 60-day cooling off period had gone
and the SMA permit was granted.
Now if you look at that development, Kohanaiki, and I think both of you will
probably agree, it is a shining example of what can happen when two parties get
together to work things out. And had that 60-day period run its course I think
they could have done it sooner than later.
But there is a big difference between that situation and this one. What this
resolution calls for is a moratorium on the development. That changes the
dynamic between the two parties. When I asked for the 60-day cooling off period
with regard to Kohanaiki is where you retain the positions of the parties. This one
is different. I respect Ms. David to the hilt. And she said something that was
operative in my mind. It's we should be urging the Governor to talk stories. I am
100 percent in favor of that. I don't think anybody who disagrees with that has to
get their head examined, right. But to call for a moratorium on a development
that has been approved and went through its process, its legal process, is not right.
How can we do that? I don't see anything with allowing the parties to cool off
and try to work things out along the way. I would expect Senator Kahele who has
been spearheading this to be front and center at that.
And Ms. David, we talked about this before, actually, in private. I think you,
maybe Karen and others, should be the ones right there trying to broker some kind
of understanding between these two parties. And I know it's going to be very,
very difficult. But at the same time, you know,people talk about spirituality,
sanctity, and these other things, speaking from the heart. I hope all of you
understand I'm a lawyer. I deal with the law. I've sworn to uphold the law, to
abide by the law. What's happening up thereI have no problem with peaceful
protest, but they, the people, the protectors are blocking the road, and that's
against the law. And as far as I'm concerned, I have to stick with the law. No if,
ands or buts about it. That's just how I am and I hope people can understand that.
I'm standing up for the law.
You know, this is something that's very, very heartbreaking. I've shared this with
other people. I think I talked with Ms. Lee Loy, who's really in a tough situation.
But when we had the Gulf war, thousands of miles away. Then we get the lava
flow, you know, 50 miles away from Hilo. Whatever it is you still feel shitty
about stuff, right. You get a real bad feeling about things. And that's exactly
what's happening up there. Nobody has a good feeling about this. It really
doesn't matter which side of the equation you're on. No one has a good feeling
about what's going on right now. You can be far removed from the situation. It's
just not good. So if the parties can come together and work things out, fine. But I
don't think a moratorium is going to do it. I think if the resolution said, "Urging
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the Governor to go up to the mauna every so often and talk it out and work it out
with the affected parties." Fine, I'm all on board. But not calling for a
moratorium. That's not right. Thank you.
ACTING CHR. EOFF: Okay. Thank you, Mr. Chung. Hilo, would either of you
like to speak at this time?
MS. KIERKIEWICZ: Chair, yes we would like to speak. Yes.
ACTING CHR. EOFF: Go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Last week my partner and I we visited
the mauna. The images we saw circulating on social media of kupuna arms
interlocked, people chained to a cattle grates, that elicits a mixed plate of
emotions, right? Profound sadness, deep respect,just inability to fathom how we
got here. So I felt we needed to go to see for ourselves. And I'm proud to say
that I was one of 17 elected officials across the State to sign a petition requesting
the Governor to rescind the emergency proclamation, because I felt that went too
far.
If you've been up to the mountain you know. It's peaceful but the emotions are
heavy. They've been heavy. No question the kia`i are organized and they're
nimble. Many of them I know. Many of them I worked alongside to found and
manage the hub during the eruption. What they have up there, it's the epitome of
grassroots organization and kapu aloha. And I really hope that this spirit and this
sense of activism can be transferred to other important issues that we are
confronted with. Climate change, homelessness, opala on the highways; the list
goes on and on.
We all know police officers up there. They're just doing their job. Whether or
not they believe in TMT. They're there because they swore to uphold the
constitution. My partner, a firefighter. He's been up there several days this
month. He no like TMT. But he's up there because he swore to respond and
protect when there are medical emergencies. There are a lot of resources on the
mauna. Plenty. So much more, if you can fathom that, than what was deployed
for lava.
I want to thank everybody who came here today, who emailed, who shared what
was on their heart and mind. I want to share what is on my heart and mind. And
in doing so I felt the need to really reflect on how we go to this place. This is not
about a telescope. This is about decades of mismanagement of Mauna Kea lands
by DLNR (Department of Land and Natural Resources) and the University. The
prolonged processes to address those wrongs have sowed very deep seeds of
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doubt and upset in the heart of the public. I truly believe that we would be having
a much different conversation had better care been taken of our `Hina, of our
mauna.
The fact that so many decisions that surround the management of Mauna Kea are
made off island is deeply disturbing. Our people of Moku `o Keawe should be
able to direct and administer what is happening on the mountain. We live here.
We know what is best for our community. And so I wonder how can the public
have faith in our system and our processes if there's a constant taking and not
enough giving, or only giving when it's convenient?
I want to know what the status is of the decommission of the Caltech
Submillimeter Observatory (CSO). That is a condition of the TMT permit. Take
down observatories. CSO ended its operations in 2015. Plans to start the
decommissioning process were announced in 2017. But it seems we're at another
bypass. Take it down. Take the observatory down. Take out the out building. I
was part of the outreach team at my former position to do community outreach on
this endeavor. And that is huge kuleana to be able to set the precedent, taking
down of an observatory under the decommissioning plan. UH (University of
Hawai`i), OMKM (Office of Mauna Kea Management), tell us what is the status?
You know my heart, like everyone else, it aches. There is so much at stake on all
sides. And on top of all of this my team and I are committed and continuously
24/7 working our asses off to stand up lava recovery efforts and help Puna bounce
forward.
Plenty different paths we can proceed, right. A`ole TMT. Decommission
telescopes not in use and put TMT on already disturbed lands which is my
preferred alternative. Or recognize that you moved forward because over the last
ten years they've gone through the process to hear all sides and the law has ruled
over and over to go forward.
Some see this project as a desecration of culture and what is sacred. Others see it
as an extension of culture, a celebration, and a privilege to learn in such a sacred
place. Each person sees a different path illuminated. Who is right? Is there even
a thing called right? For me it's hard to singularly evaluate just TMT on its own.
I have to look at things holistically, the implications of each potential path. And
no matter what is chosen not everybody is going to be happy. There will be
divisions. But as elected officials we are sworn to uphold the law no matter if we
agree with those decisions or not.
I truly hope that astronomy has some kind of future here and that we can see the
value of intersecting science and culture. We need to position Hawaii to be able
to compete in the global economy. We need to rebuild community trust and our
fabric.
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Hawaii County Council-18 July 24,2019
You know, back in May our office worked with the community to stand up
Activate Puna. We brought murals to Pahoa. We hosted a block party to
celebrate resiliency one year after the eruption. One of my favorite aspects of our
project was the hope flag project. Keiki from schools around lower Puna, they
painted their visions for the area. And what struck me the most was this sense of
optimism that despite the lava flow they had hope for the future. And I feel that
despite our current disagreements I'm hopeful about our future as an island
community, as an island nation. We have the world watching. And we have a
chance to show the world the very best of humanity. Multiple stakeholders
coming together with compassion and empathy, willingness to listen and
understand, positive energy, good intentions for the future.
1100 percent support all parties coming together to talk story. It's what we do.
It's who we are. It's not going to be easy or pretty. It's going to be messy. But
we don't need a moratorium to underscore the need to come together. It should
have already happened. The governor has heard pleas for a moratorium. It is
within his ability to call for that. But he hasn't. I appreciate, fully respect
Council Member David in her swift action in providing this space for everyone to
come together to respectfully listen and share and better understand. But now that
the Governor has named Mayor Harry Kim as the lead negotiator for all sides I
want to give that a chance. The Mayor knows what to do. He has a huge heart,
the right temperament, to convene the conversation right now and make a
collective business decision and find a peaceful way forward. We don't need a
moratorium. We need leadership. Thank you, I yield.
ACTING CHR. EOFF: Okay, thank you. Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Definitely degrees of losing, that's where
we're at. We're at degrees of losing. And I just want to take a moment to ask the
author, Aunty Maile. You know, your particular resolution calls for a 60-day
moratorium and I know that came from Senator Kahele. But I have to ask was
that date picked because we know that the Conservation District Use Permit
(CDUP) will expire on September 26. Do you know why the 60 days was
picked?
ACTING CHR. EOFF: Ms. David, would you like to respond?
MS. DAVID: Sure, I'm glad to. Yes, Ms. Lee Loy, I have no idea why the 60
days. I kind of questioned that in my own mind but I went off of what was
represented from Senator Kahele. So I did not attempt to assume why he chose
60 days. However, in my mind, knowing that the talk had been that the CDUP
provision expires in September, I felt that should a moratorium be imposed, I
didn't believe in my mind legally a moratorium would affect the start date.
Because if you have a moratorium, in my mind, and I'm not an attorney, I'm
sitting next to one, but if a moratorium was declared and it crossed with a
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deadline or it came up against the deadline which the developer is entitled to
have, I think the moratorium stops everything including that deadline. That's my
impression.
So whatever Senator Kahele's intent was I just supported his request because I
thought it was meaningful. If this people think that this is a ploy to just use up
60 days and stop the project, if that was the case I would not support the
moratorium. But I really believe that if a legal moratorium was implemented
there has to be some provisions that would protect the rights of TMT or the
developer—that the moratorium shouldn't have any impact. This is something
that needs to be done before you can even start your job. So why should your
60 days run out? I mean that was my thought process. I don't know if that
answers your question. But other than that, I think the question needs to be
answered by Senator Kahele, why the 60 days.
MS. LEE LOY: Thank you, Aunty Maile.
MS. DAVID: You're welcome.
MS. LEE LOY: You know because I'm taking a page out of
Mr. Kaneali`i-Kleinfelder's play book. You know, we're going to ask the hard
questions. And for me it really is about the legislative intent. And what I've
heard today was a number of my colleges struggling. And I also heard a lot of
testimony about the call for leadership. And I want to maybe take the opportunity
to try and demonstrate that with this resolution. And because this came to us the
way it did with us having very little time I almost feel that if we demonstrated the
true legislative intent, that this is not some ploy to short circuit the CDUP or offer
in suggestions about taking down and decommissioning some of the other
telescopes.
You know, Aunty Maile, I'm going to ask could we come up with a draft that
actually speaks as a collective voice of this Council where we're not struggling
and demonstrate the real intent of bringing peace forward. Is that something you
would consider, Aunty Maile?
MS. DAVID: Can I respond?
ACTING CHR. EOFF: Go ahead, of course.
MS. DAVID: You know what I think the moratorium was a real sticking point
for a lot of people. But because the resolution has no effect of law and we're just
encouraging, what would be your suggestion?
MS. LEE LOY: Well we heard a lot of support about this is about a larger
calling, you know, the protection of our resources, a larger stewardship of our
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Hawaii County Council-18 July 24,2019
`Hina, and the responsible management of something entrusted to us. But with
that management also means decommissioning which is what that community has
been calling for, for so long. We talk about legal processes, I think this resolution
could really become the entire voice of what this island wants. And if we put it
all in there—and I know we walls a fine line between a nonbinding resolution or a
binding resolution but I just want this to be a very different step forward. I don't
want it to be divisive. I don't want this first step of Hawaii County to be so
much like all the other first steps which is why we are here. Please, Aunty Maile,
can we? Can we put in all of our passions?
MS. DAVID: You know, I really appreciate what you're asking. And if I change
this I really believe that theI'm supporting Senator Kahele's request. And his
request was stated as such. And I think most of the people here that testified
wanted a period of cooling off, a period of time. I see this as two different things
though. You know, I'm supporting Senator Kahele's efforts, and then I don't feel
right in changing what I initially supported into something else, especially since
we had to handle this in such a fast and unusual manner on getting it on the
agenda.
I would maybe suggest that this is something that it would—maybe another
resolution, because we don't know what the timeframe for a cooling off period is
going to be until this resolution takes effect. I'm not comfortable right at this
moment changing what the resolution's title says. And I can see your point
because of all of the discussions we had today that, you know, if that's the route
that the people want to make a—what you're suggesting, it might be the time for
another resolution that can be discussed during the time we talk about
Mr. Kaneali`i-Kleinfelder's communication. I'm not sure. I know what you're
saying, Ms. Lee Loy. But
MS. LEE LOY: Can we try, Aunty Maile? I can have staff bang out just what
was articulated here today, and try. I want to try. That's what the community is
asking, that we do it differently. And we have a real first step here.
MS. DAVID: The problem I have with that is I'm hearing different opinions
from different people. If this resolution is changed that way I mean what about
the people that are saying enough is enough? I mean who's going to make that
decision, the people that are going to have to meet with the Mayor and the
Governor? I'm not sure. If you revise this resolution from what it says I think the
people that showed up today testified on what the resolution was meant to do. So
changing it at the end of the day, I'm just not comfortable with that.
MS. LEE LOY: I'm going to ask one more time, Aunty Maile. We have nine
Council Members who have shared all of their passions. Please if we could add in
everybody's thoughts, I would love to see everyone get behind this.
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MS. DAVID: I appreciate what you're saying in the spirit of having everybody
get together on this matter. My gut feeling, my na`au is telling me what the
people came here to testify about today was this resolution in the form that it's
been presented. So I can't. Because then I would have to explain to the people
that came here today and poured their hearts out. Whether they supported or did
not support this resolution, they supported this resolution as presented. And if we
change it before the end of the day and come out with a new resolution then I
think I have not done everybody a good service today. To me it feels like I'm
switching something and not even telling the people that, "Hey, by the way you
came in with your heart and soul and testified on my resolution to support it or to
testify against it with all your heart. But guess what, I'm going to change it right
now."
So there was an urgency, there was an emergency in this situation. And I cannot
in good conscience do this to the people that showed up today. And I really think
that if that's another solution, another proposal that your heart tells you then
maybe another resolution down the line. We don't know what's going to happen
tomorrow or the next day or the next day. Whether this resolution passed today, I
did it with a real feeling in my heart and soul that I wanted to support what was
being presented by Senator Kahele, and what was presented to our people today.
So I respectfully have say I'm not going to change my resolution today at this
very last minute at the end of the day. And we can, like I said, I think no one
knows what's going to happen. Everybody is hoping for the best. But there
might be another opportunity that someone will come up with a suggestion and
we can entertain the resolution at that time.
And I think that's my really people testified today. Do what your na`au tells
you. And as a Council Member, I really think my resolution was what was
brought forward in this form and I have to keep it that way because that's what
brought the people here today to testify. Thank you.
MS. LEE LOY: Thank you, Aunty Maile.
ACTING CHR. EOFF: Ms. Lee Loy, you still have the floor.
MS. LEE LOY: Thank you.
ACTING CHR. EOFF: Ms. Lee Loy, I'm sorry. I know you still have the floor
but I just wondered if I could, if you don't mind if I could just interject something.
Is your concern that somehow that this insinuates that we're trying to run up
against the deadline? And if so, can't you just put that in your discussion as
legislative history that that isn't your intent and you don't understand that to be
part of this request.
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Hawaii County Council-18 July 24,2019
MS. LEE LOY: Absolutely. I think that's actually why we are where we are is
that through the various regulatory permit processes there's been intent and not
truly articulated. And I just don't want this body to be thrust into more argument
when really we're trying to seek solutions.
We've all done, Ms. Eoff, Aunty Maile, a lot of legislative research. And it
always starts with legislative intent. And I just want the record to be clear that
what Aunty Maile is doing is at the request of Senator Kahele who hasn't really
articulated if, you know, what this 60 day actually does. And then I have larger
concerns because there was a TRO (Temporary Restraining Order) hearing and
some other motions that was denied in part and granted in part. And then
Governor Ige kind of giving the reigns over to our Mayor. And I want to give
him a shot too. I'm trying to somehow articulate that, and a few more Whereas', I
don't think it hurts. I think it just brings a lot more clarity to the larger intent of
this body.
ACTING CHR. EOFF: Sorry, Ms. Lee Loy. Were you yielding or you're still in
discussion. I knew that there was a testimony sent. Senator Kahele sent a
testimony to the County Council. I saw it somewhere but I can't locate it right
now. Did anyone receive that? Can I take a short recess? Thank you.
Recess: At 2:29 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 2:37 p.m.
ACTING CHR. EOFF: I'd like to call the meeting back out of recess. And thank
you, staff for printing this testimony from Senator Kai Kahele. And I'm sorry, I
think I interrupted Ms. Lee Loy and I don't think she had yielded yet. So I'm
going to make sure that you folks in Hilo have a copy of this. And then, Ms. Lee
Loy, you can continue to comment. Okay maybe the mics aren't on. Can you
hear us in Hilo? I was saying that you still have the floor Ms. Lee Loy. And I
just wanted to make sure you had a copy of Senator Kahele's testimony. I know
it doesn't address what you're talking about specifically, but I just wanted to
make sure we had all the information.
MS. LEE LOY: Okay. Can you guys hear us now?
ACTING CHR. EOFF: I'm sorry, what did you say?
MS. LEE LOY: Okay. Chair, thank you. I think our mics were off for a little
while. I'm going to be voting kanalua, yes on this one. And I just want to say
that I think in the rush of things we could have done better. I know this is
something that came forward form Senator Kahele. But I just really wanted it to
be an articulation of a larger hope for us. If we really—as Mr. Kaneali`i-
Kleinfelder mentioned, it is Hawaii County that's really feeling this one. And a
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Hawaii County Council-18 July 24,2019
resolution, and maybe you're right, something better coming forward. Because I
do think that a cooling off period is ideal. The definition of moratorium is very
different from cooling off. And some of the information that Senator Kahele put
in his letter regarding opportunities for ho`oponopono, you know, and him even
being available to facilitate some of that, I think there is a real opportunity here to
get it all in there and send a very clear message from this body.
But if we're going to be leaving it the way it is I do support the intent of a cooling
off period, because as I mention at the beginning of this I have families on all
sides. This morning you had sisters testifying about law enforcement of their own
brother. Again,just degrees of losing. And I just really want, as Mr. Kaneali`i-
Kleinfelder said, to shift the narrative that we can do something better. And we
should show that leadership. We should demonstrate how to do that collectively.
Thank you, Chair. I yield.
ACTING CHR. EOFF: Thank you. Mr. Chung, did you want to chime in again?
Well thank you, everybody. I think we've all had a chance to speak. I'm going to
let Maile close down this discussion. But before that I would just like to thank
Ms. David for bringing this resolution forward. As you know, with our deadlines
and Sunshine Law it takes a while to even get something to the agenda. So even
though this maybe this, she could have added more Whereas', this is what we
have before us today.
And all the other bodies, established bodies is this state have sent in statements
the House of Representatives, the Senate, OHA (Office of Hawaiian Affairs),
Kamehameha Schools. I mean, we need to chime in. So if this is our opportunity
to express our concern for what is going on in our community right now I think
that we should be able to support this. Like she said, it's not a law. It's a
nonbinding resolution. It's a message. And I feel proud to send this message. So
I'll be supporting Resolution 233.
Ms. David, did you want to add some final comments?
MS. DAVID: Yes, thank you. Thank you. And I really appreciate Ms. Lee Loy.
Thank you for your comments. And I know you have passion also. And I look at
this as an ongoing effort on all our parts to serve our communities, our respective
communities. And I really have to thank so much the people that came out today,
and holomua and much aloha to you folks, every one of you. Aloha. I yield.
ACTING CHR. EOFF: Okay. Thank you, Ms. David. And, Mr. Clerk, can we
take a roll call vote?
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Hawaii County Council-18 July 24,2019
Vote on Res. 233-19: The motion to adopt Res. 233-19 carried by the following
(Approved) roll call vote:
Ayes: Council Members David, Kaneali`i-Kleinfelder,
Lee Loy, Poindexter, Villegas, and Acting
Chair Eoff—6.
Noes: Council Members Chung, Kierkiewicz, and
Richards —3.
Absent: None.
Excused: None.
(Note: Ms. Kierkiewicz votes "kanalua" then "no"; Ms. Lee Loy voted
"kanalua" then "aye.")
ACTING CHR. EOFF: Okay. We have to take care of more business today. So
the next thing on the agenda that I think some people have been waiting all day
for would be both the Resolution 218 as well as resolution 216. So let's just go
with 216.
MS. KIERKIEWICZ: Chair, they're not here so we can go in order of the
agenda, that's fine.
ACTING CHR. EOFF: Okay. I'm going to take resolution 216. There were
some people here waiting for that.
Res. 216-19: PROPOSES AN ALTERNATIVE AMENDMENT IN PLACE OF CHARTER
PROPOSAL CA-18, DRAFT 2, RELATING TO THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE
FUND
Adds to Charter Commission Proposal CA-18, Draft 2, that an officer, board
member, or employee of a stewardship organization may receive compensation
from stewardship grant funding for labor, educational workshops, or maintenance
work when those activities are included and approved as part of the stewardship
grant proposal.
Reference: Comm. 359
Intr. by: Ms. David and Ms. Eoff
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 216-19. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. EOFF: Ms. David.
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Hawaii County Council-18 July 24,2019
MS. DAVID: Thank you. I really would like to thank Ms. Hecht, I'm sorry, my
mind, Ms. Ford, Sue Dursin, yes, who testified; and the others who have testified
in support of this initiative, and for coming today. And also, actually, the Charter
Commission who have worked really hard, and the Charter staff, on coming up
with proposed amendments.
This amendment is basically not changing anything that the Commission has
done, except we're just making a little addition to CA-18 that provides that board
members and officers can get compensated if their work is for the nonprofit and
for the maintenance and it's included in their application as part of the grant
request.
So really, I know especially in my district the nonprofits that are working hard to
maintain these open spaces, they're doing it on their own time because they really
believe in what they're doing and in preserving and protecting these special
places. So, we also did not change the fact that board members should not be paid
a salary, or officers, but we did want to respect the fact that if they are providing
valid and legitimate work, which most of them do, then I believe they should be
compensated.
So, that's the only thing we're asking the Charter Commission to consider,
including this as part of their proposal for CA-18. So, I'll leave sometime later
for Ms. Eoff to add to that, but for now I yield. Thank you.
ACTING CHR. EOFF: Okay, any other Council Members have a comment or a
question? Mr. Chung.
MR. CHUNG: Thank you. I'm going to be sharing another personal anecdote
here. Back in 2004 or 2003, I had actually voted for the PONC (Public Access,
Open Space, and Natural Resources Preservation Commission) Charter
amendment, but that one failed at the County Council for lack of a super majority.
So, I actually supported this thing in concept. And then after I had left the
Council, I really thought about this thing over and over and then I had second
thoughts about my vote and the whole concept of funding, well, taking two
percent off the top from the County's budget to fund land purchases. To me, it's a
dangerous—well, I think I've said this publicly, I think acquisition of public lands
is a good thing, but from a fiscal standpoint, it just concerned me.
I spoke before the Charter Commission regarding one of the proposals that came
up. That one ultimately failed. I didn't think it was a bad proposal, though. But
for this one, I've always looked at it from a fiscal standpoint, as I've said. And
this one has really no impact on the budget within the context of what we have.
It's not like we're adding anymore monies to pay for these services. And I think
it's a sensible proposal, so I'll be supporting it. The only question that I would
have is whether, you know, it's something that has to be answered by Corp.
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Hawaii County Council-18 July 24,2019
Counsel—perhaps not now; I'm not asking for that now but whether that
arrangement is actually legal, okay. But that's something you guys can decide on.
And I really didn't want to intrude on the province of the Charter Commission.
But seeing that this proposal isn't all that bad, in fact very sensible, I'll be
supporting it.
ACTING CHR. EOFF: Thank you, Mr. Chung.
MR. CHUNG: Thank you.
ACTING CHR. EOFF: Any other comments, Council Members? Okay,
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I support it. Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Well, if you
don't mind, I'll just add, Ms. David pretty much explained it, but we were
watching the work of the Charter Commission, and yes, we honor that this is their
opportunity every ten years to revise the Charter and didn't really want to
interfere.
But this one issue they struggled with. But I think the struggle was based upon
the problem that the way it was first proposed for them to consider would have
allowed a salary for board members. And because that did pose concern all the
way around, we thought we would just look at it in a different way. Because it's
true, you can only depend on volunteers so much. And if you really want to get a
project done, there's got to be somebody like a project coordinator that's in
charge and is compensated. They need to be there however many hours a month,
and people just don't have the time otherwise. So, I believe that the compensation
is important, and if it happens to be a board member, that shouldn't be denied.
So, that's why we've come up with this, and hopefully the Charter
Commissioners can take another look.
I know there was an issue with them revisiting amendments that had failed and
some other SunshineI don't know, Sunshine or just procedural things. So, they
weren't able to, I don't think, completely vet all the ideas. And maybe this is one
they hadn't thought of or whatever, but we'll see and we'll try and advocate for it
before the Charter Commission as well, and get it as part of the ballot question.
Okay.
MR. BROWN: Excuse me, Madam Chair?
ACTING CHR. EOFF: Yes?
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Hawaii County Council-18 July 24,2019
MR. BROWN: Steve Hunt from the Department of Finance is here. He was
hoping he could approach the stand.
ACTING CHR. EOFF: Okay.
MR. BROWN: Thank you.
(Note: At this time, Deputy Finance Director Steven Hunt came forward
to address the members of the Council, via videoconferencing from Hilo.)
MR. HUNT: Thank you, Madam Chair. For the record, Steve Hunt, Deputy
Director of Finance. Chair Chung, I'm sorry, Member Chung, in this case, is
correct that it doesn't have a financial impact. The funding for the monies that are
for stewardships and maintenance is there. I think more the concern that I have
seen since this is going to be, essentially, managed by the Department of Finance
is how those stewardship agreements come for review and what type of
compensation would be considered. If there are multiple stewardships that are
applying for different projects, should the wages be the same? Should the wages
be the same between an officer and someone who's just a member of the
nonprofit organization? Does it trigger any issues if they're setting those wages
based on what our park maintenance workers are using? Does it trigger any
Konno decisions? Are these jobs that are, management of County lands,
something that is historically done by County employees? Those are just some
concerns that I think we may encounter, and you may have discussed these prior
to submitting this.
And I guess, procedurally, the other thing that I'm a little concerned about is the
verbiage is very lengthy, maybe a little bit too much for what normal Charter
language would be. And if I'm understanding procedurally, if this resolution was
approved by this body, sent to the Charter Commission, which has already
rejected this on two occasions at the March 8fh and the April 251h meetings, if they
do indeed reject it one more time, then it comes before this body for recall. If it's
not recalled, then both measures would go to the ballot, which would be two very
long measures to read. And I think from a public standpoint, a voter's standpoint,
being able to understand what is the intent in either of those options could be
problematic as well.
So, those are the concerns I have. I don't necessarily have any concerns
financially about the funding. It's more just operationally how this would be
implemented.
MS. POINDEXTER: Madam Chair? This is Val.
ACTING CHR. EOFF: Ms. Poindexter.
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Hawaii County Council-18 July 24,2019
MS. POINDEXTER: So, I do support this, and I think we've got to see where it
goes from there. It goes back to the Charter Commission; see what they say.
Correct? That's what you're saying?
MR. HUNT: Correct.
MS. POINDEXTER: Right. And then, eventually, if it has to go on the ballot, it
has to go on the ballot. This should be the will of the people. I mean, they
created this public open space fund, and I want to respect that. And I think we
need to have somebody compensated. You know how it is. It's nonprofit
organizations. You don't have—how many nonprofit organizations? You have
something like Hope Services nonprofit. You cannot say, "Don't pay them. They
should be volunteering." Our work wouldn't get done. Right? So, we need to
figure out a way, how to make it happen. We cannot say, "Why cannot?" We've
got to say, "Why can, and how can we make that happen?" So, I don't like the
"cannot, cannot, cannot"but I want to say "can, can, can" and "how can we make
that happen?" So, thank you. I'll be supporting that.
ACTING CHR. EOFF: Thank you. Mr. Chung.
MR. CHUNG: Yeah, I just wanted to address something that was brought up by
Mr. Hunt because I had that same question in my mind, what would be the
specific mechanism by which we would make the payoffs, right? But I'm
thinking that it would probably necessitate a rule and regulation by the Finance
Department. They would set the parameters. I think it's fairly simple. And of
course, that would be done in consultation with the Corporation Counsel's Office,
to make sure that things don't run afoul of the Konno decision and other things
like that.
But I think the main thing is that this is going to be akin to our nonprofit grant
processalmost, yeah, because it's a 501(c)(3)recipient. So, I think it's
something that can be worked around. Just wanted to make that comment.
Thanks.
ACTING CHR. EOFF: Just to add. Right now if the person is not a board
member, there are people being paid for stewardship work. They're being paid as
a project coordinator or a stipend or whatever. But a part of the grant process has
included some pay for stewardship work. So, all this amendment does is allow a
board member to participate in that as well.
Our hope is that the Charter Commission can find a way to roll this into their
proposal so that there would not have to be two questions on the ballot, too. I
understand the issue there.
MS. KIERKIEWICZ: Chair, if I may?
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Hawaii County Council-18 July 24,2019
ACTING CHR. EOFF: Ashley? Is that—I think that's you.
MS. KIERKIEWICZ: Yes.
ACTING CHR. EOFF: Ms. Kierkiewicz.
MS. KIERKIEWICZ: It's me; that's my karaoke voice. Watch out. Just kidding.
You don't want it to rain. I just consulted with the Chair of the Charter
Commission, Doug Adams. He shared that should this resolution pass, it will be
something that the Commission would consider. And if they want to update their
Charter amendment to include these sentiments, they could do that, or there could
be two measures on the ballot. So, I just want to put it out there that if we pass
this, the Charter Commission will consider it and they may want to marry what
they put forward and what this Council is also suggesting. I yield.
ACTING CHR. EOFF: Thank you. Thank you for that. Ms. HechtI'm sorry,
normally we don't take comments but if it's—I'm going to go ahead and just ask
for a vote. All in favor,please say "aye."
Vote on Res. 216-19: The motion to adopt Res. 216-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff–9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I'm going to thank Council Members for supporting this,
and we'll see where it goes from here. Okay, Ms. Kierkiewicz you said that
people have already left that were interested about the boat ramp.
MS. KIERKIEWICZ: Yes. The Hilo Chambers are sadly quite empty.
ACTING CHR. EOFF: Okay I'm just going to just go from the top of the agenda
then, unless anyone has anyone else waiting anywhere.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
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Hawaii County Council-18 July 24,2019
Comm. 312.2: REPORT OF ATTENDANCE OF COUNCIL MEMBERS
KANEALI`I-KLEINFELDER, KIERKIEWICZ, AND LEE LOY AT A
JUNE 26, 2019, MEETING ON THE UPCOMING CLOSURE OF THE
SOUTH HILO SANITARY LANDFILL, PURSUANT TO HAWAII REVISED
STATUTES SECTION 92-2.5(e)
From Council Member Susan Lee Loy, dated July 3, 2019.
Motion to Close File: Ms. Lee Loy moved to close file on Comm. 312.2.
Seconded by Ms. David
ACTING CHR. EOFF: Any discussion? Ms. Lee Loy.
MS. LEE LOY: No this is just really fulfilling our obligations when three or
more Council Members are in attendance of a meeting. This was really related to
the Hilo Landfill. So it was kind of unknown at that time where we were having
the discussion if it would be Council action or there would be business. So again
this really is just a protocol for when three or more members end up at a meeting.
I yield.
ACTING CHR. EOFF: Okay thank you. Let's take a vote. All in favor of
closing file say "aye."
Vote on Comm. 312.2: The motion to close file on Comm. 312.2 was carried by
Filed the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Page 35
Hawaii County Council-18 July 24,2019
ORDER OF The Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 203-19: ACCEPTS THE DEDICATION OF ROAD LOT 3-D, IDENTIFIED AS TAX
MAP KEY: 7-3-004:025, SITUATED AT KALAOA 5TH, DISTRICT OF
NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII,
FROM THOMAS P. WHITTEMORE, TRUSTEE UNDER THAT CERTAIN
UNRECORDED REVOCABLE TRUST OF THOMAS P. WHITTEMORE,
DATED JANUARY 4, 1994, AS AMENDED AND RESTATED, AND
LUCINDA H. WHITTEMORE, TRUSTEE UNDER THAT CERTAIN
UNRECORDED REVOCABLE TRUST OF LUCINDA H. WHITTEMORE,
DATED JANUARY 4, 1994, AS AMENDED AND RESTATED
The landholders seek to dedicate the roadway and all improvements for roadway
purposes.
Reference: Comm. 334
Intr. by: Ms. Lee Loy
Approve: PWMTC-13
Motion to Approve: Ms. Lee Loy moved to adopt Res. 203-19 and Public
Works and Mass Transit Committee Report No. 13.
Seconded by Mr. Kaneali`i-Kleinfelder.
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: No. We thoroughly discussed this in committee. I ask for your
support.
ACTING CHR. EOFF: Thank you. And other discussion? Seeing none all in
favor please say "aye."
Vote on Res. 203-19: The motion to adopt Res. 203-19 and Public Works and
(Adopted) Mass Transit Committee Report No. 13 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
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Hawaii County Council-18 July 24,2019
Res. 204-19: ACCEPTS THE DEDICATION OF MAMAKA STREET (OLA HOU ESTATES,
UNITS 1 AND 2) AND `OHIOHI STREET (OLA HOU ESTATES, UNIT 2,
NORTH AND SOUTH SECTIONS), AFFECTING TAX MAP
KEY: 1-6-153:036, SITUATED AT KEA`AU, DISTRICT OF PUNA, ISLAND
AND COUNTY OF HAWAII, STATE OF HAWAII, FROM GRAPHIC
IMAGES HAWAII, INC., A HAWAII CORPORATION
The landholder seeks to dedicate the roadways and all improvements to the County
for public roadway purposes.
Reference: Comm. 335
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-14
Motion to Approve: Ms. Lee Loy moved to adopt Res. 204-19 and Public
Works and Mass Transit Committee Report No. 14.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion? Seeing none all in favor please say
LC "
aye.
Vote on Res. 204-19: The motion to adopt Res. 204-19 and Public Works and
(Adopted) Mass Transit Committee Report No. 14 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 205-19: URGES THE ADMINISTRATION TO ACQUIRE HYDROGEN-POWERED
BUSES FOR THE MASS TRANSIT AGENCY TO INCREASE THE USE OF
CLEAN ENERGY
The acquisition would provide a replacement energy source for public
transportation and accelerate the County's goal to reduce dependence on fossil
fuels.
Reference: Comm. 336
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: PWMTC-15
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Hawaii County Council-18 July 24,2019
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 205-19 and
Public Works and Mass Transit Committee Report No. 15.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Go ahead, sir.
MR. KANEALI`I-KLEINFELDER: I just ask for your continued appreciation of
this facet of the County that can help us get to where we need to be in the future
and achieve a lot of our goals, especially since we already acquired some
hydrogen buses for our County. I ask for your continued support and I thank you.
ACTING CHR. EOFF: Any other comments? Mr. Richards.
MR. RICHARDS: Thank you, Chair. And thanks, Matt, for bringing this
forward. This is going to fold right in quite well to our ad hoc committee as far as
moving the needs of this County forward. So obviously I'm going to support this
thing because I was supporting it before we brought it forward.
ACTING CHR. EOFF: Okay, all in favor say "aye."
Vote on Res. 205-19: The motion to adopt Res. 205-19 and Public Works and
(Adopted) Mass Transit Committee Report No. 15 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion Carries. Next.
Res. 210-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O KA`U
KAKOU FOR REIMBURSEMENT OF EXPENSES INCURRED AT THE
4TH OF JULY PARADE CELEBRATION AND KEIKI FUN DAY
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 347
Intr. by: Ms. David
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Hawaii County Council-18 July 24,2019
Motion to Approve: Ms. David moved to adopt Res. 210-19. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: No, this isI thank Ms. Ebert for testifying about this. And this
was for, they always do a whole keiki day celebration in Ka`u for their parade.
And they got hit with some unexpected highway cost insurance thing so I wanted
to help them out, and ask for your support.
ACTING CHR. EOFF: Thank you. Okay all in favor say "aye."
Vote on Res. 210-19: The motion to adopt Res. 210-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 211-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FIRST
ASSEMBLY OF GOD TO ASSIST WITH EXPENSES FOR THE CONVOY OF
HOPE BIG ISLAND COMMUNITY EVENT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 349
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 211-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Go ahead, Ms. Lee Loy.
MS. LEE LOY: This is contingency money for a great project. I'm asking for
your support.
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Hawaii County Council-18 July 24,2019
ACTING CHR. EOFF: Okay thank you. All in favor say "aye."
Vote on Res. 211-19: The motion to adopt Res. 211-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 212-19: SUPPORTS THE OBSERVATION OF NATIONAL NIGHT OUT
National Night Out promotes relationship building between communities, law
enforcement, and first responders to increase neighborhood safety, and is
recognized annually on the 1st Tuesday of August.
Reference: Comm. 350
Intr. by: Ms. Kierkiewicz
Waived: PSC
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 212-19. Seconded
by Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion?
MS. KIERKIEWICZ: Please, Chair, if I could have a couple of minutes?
ACTING CHR. EOFF: Sure.
MS. KIERKIEWICZ: Thank you. Council Districts 3, 4, and 5 will be
collaborating with the Puna Neighborhood Watch group to host the first ever
National Night Out in Hawaii County on the first Tuesday of October, actually.
There's a very important Puna CDP (Community Development Plan) Action
Committee meeting happening on the first Tuesday of August so we wanted to
make sure that we were there to be part of that conversation.
And when you think about how hard our officers, our first responders, our
community emergency response team's work to be there for community 24/7, we
felt we needed to create this space where we honor them but also work to
strengthen relationships between these sectors and the various communities. We
are confronted with so many issues, drug use, domestic violence, trafficking of all
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Hawaii County Council-18 July 24,2019
different kinds of things. And so it's really important that we come together and
we work together as a community, public-private sector, to increase the public
safety piece around all of this.
So just asking for the support from my colleges. I'm very excited to be
collaborating with Council Districts 3 and 5 to put this event on in October. I
yield.
ACTING CHR. EOFF: Okay thank you. Any other comments? Seeing none, all
in favor please say "aye."
Vote on Res. 212-19: The motion to adopt Res. 212-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 213-19: 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 HAWAII
COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR ITS SENIOR
FARMER'S MARKET NUTRITION PROGRAM
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of Aging, Other Current Expenses
account.
Reference: Comm. 351
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 213-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Yes. I always do whatever I can to support our seniors. And I just
really ask for your support because this is a great program. Thank you.
ACTING CHR. EOFF: Okay all in favor please say "aye."
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Hawaii County Council-18 July 24,2019
Vote on Res. 213-19: The motion to adopt Res. 213-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 214-19: 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 $7,000 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. 354
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 214-19. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion?
MS. POINDEXTER: Yeah, I just want to say it's pretty self-explanatory. I just
ask for your support.
ACTING CHR. EOFF: Okay thank you. All in favor please say "aye."
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Hawaii County Council-18 July 24,2019
Vote on Res. 214-19: The motion to adopt Res. 214-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Next.
Res. 217-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FIRST
ASSEMBLY OF GOD FOR THE CONVOY OF HOPE BIG ISLAND
COMMUNITY EVENT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 360
Intr. by: Ms. Poindexter
Vote on Res. 217-19: Ms. Poindexter moved to adopt Res. 217-19. Seconded by
(Adopted) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 218, Mr. Clerk.
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Hawaii County Council-18 July 24,2019
Res. 218-19: URGES THE HAWAII DEPARTMENT OF LAND AND NATURAL
RESOURCES DIVISION OF BOATING AND OCEAN RECREATION TO
CONSULT AND WORK WITH PUNA LAWAIA, COMMUNITY MEMBERS
WITH FAMILIAL AND CULTURAL TIES TO PUNA, AND THE COUNTY OF
HAWAII ON PLANNING AND CONSTRUCTION OF A BOAT RAMP IN
PUNA
Requests that the process of reestablishing regional ocean access after the loss of
the Pohoiki Boat Ramp include collaboration with local entities and consideration
of the impacts to the community, cultural resources, and the environment.
Reference: Comm. 362
Intr. by: Ms. Kierkiewicz
Waived: GREDC
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 218-19. Seconded
by Ms. Lee Loy.
ACTING CHR. EOFF: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I also want to thank Chair Chung for
recognizing the importance of this issue to Puna and for allowing me to waive this
out of committee and straight to the Council in the essence of time. I also want to
acknowledge State Representative Joy San Buenaventura for hosting a
community meeting on Saturday, July 13, around this issue.
I read the engineering report for the proposed boat ramp concepts, and I listened
very closely to what the community had to say and thought very long and hard
about this tremendous opportunity we have to reimagine Puna.
And so you wonder, "Okay, why are we here?" Boat ramp, not our kuleana. I
think that this is a very special situation in that Pohoiki Bay is adjacent to Isaac
Hale Beach Park which is a County recreational asset. And the fact that our
County is leading recovery efforts, it behooves us to be involved. There is
massive funding potential coming in through the CDBG-DR (Community
Development Block Grant Disaster Recovery) and I want to make sure we are
fostering this framework of collective action and collaboration.
You know, my impetus for introducing this resolution was multi-layered. I don't
know if you read it in the news but I did. In January and June of this year, the
State Auditor issued two very concerning, scathing actually, audits of DLNR
(Department of Land and Natural Resources)programs and management. And I
just have to say I just believe by at large that the system that we are operating
under is so fundamentally broken and failing us on so many levels. DLNR is a
massive agency, many focuses across many islands. And with so much of the
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Hawaii County Council-18 July 24,2019
decision making, all of this happening outside of impacted communities and with
only a few seats at the table, it's really hard to feel like this issue will get short
shifted again. It will unless we are at the table.
You know, an Oahu based engineering firm spent one day on this island, and
then but forward two potential concepts without engaging community leaders,
Puna Lawai`a, or public servants. The report did not indicate that they launched a
boat and rode out to Puna coastlines to check on the conditions of the water. And
that really concerns me, that a lot of these decisions were based solely off of the
land. I also question where the sense of urgency is from the State to find
immediate, immediate as in right now, solutions as well as long-term solutions to
help the Puna Lawai`a get back in the water so they can feed their families and
drive our local and state economy.
If Joy hadn't hosted this meeting or continued to push, what kind of progress
would've been made? Recovery is only barely scratching the surface. This is an
urgent need. And so while I appreciate the state engaging sea engineering to do
some of these preliminary cost estimates, I'm bothered by their approach and the
fact that this cost taxpayers $40,000.
The firm put forth two concepts, restore the boat ramp or build anew. The latter
was cheaper but the firm had—if they researched the location they would've
recognized the historical and cultural significance of this area. Just because
something is cheaper doesn't mean it's better. Look at many of the decisions
government has made in the past regarding "Let's just go the cheaper route." We
end up paying more. More dollars, compromising environment, culture, or social
fabric.
I want to thank everybody who came out today to testify and to also email
testimony. There are a lot of fishermen who took it upon themselves to send an
email. Many of them direct messaged me, "How do I send an email, where do I
go?" So I appreciate that they wanted to be a part of the process, and sure that
their voices were heard. So mahalo to Tony Silva, Rhonda Shearer, Cheryl
Ogawa, Donn Mende, Alan Lino, Sela Leveign, Bronston Kossow; the
Harrington's, Paula, Bunnie, and Mike; Steve Carter, Jeffery Alonzo, Fred Aiona,
Toby Taniguchi, and a lifeguard who asked to remain anonymous. One testifier
shared that they made $120,000 a year fishing out of Pohoiki. Now that they're
having to launch out of Hilo, their income is down because of the additional
expenses to about $35,000 to $40,000 a year.
Thank you to everybody that showed up today. Leila Kealoha, Leah Gouker,
Smiley Burrows, Aunty Luana Jones, Richard Ha, Mike and Bunnie Harrington,
Dr. Phil Ung, Dane Dupont, and my brothers Andrew Dunn and Ikaika Marzo.
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Hawaii County Council-18 July 24,2019
We all see the huge implications not putting a boat ramp in Puna now is having on
our community. Our community is struggling. DLNR, this is your perfect
opportunity to step up and do good by our community and our people. We need
to formalize a working group. It's not enough for them to say, "Oh, let's have a
meeting." I want a formal working group. We've got to do things differently.
We have to elevate people, community, everybody coming together. We have to
start creating policy in a different way. Let's articulate that scope of work, create
a timeline, and accelerate the process, so that we can give relief to the people of
Puna.
I know my colleagues recognize the importance of the Lawai`a and their
contributions to our community and the state. And with everything that is
happening here on our island I just ask, I implore all of you to remember that
there is still so much work to be done to help Puna and our island recover.
Asking for your support. Madam Chair, thank you. I yield.
ACTING CHR. EOFF: Okay thank you, Ms. Kierkiewicz. Mr. Chung.
MR. CHUNG: Yeah, thank you. I just wanted to voice my support. And my
perspective—well I'd like to share the perspective of some of the Hilo people.
You know I guess this fishing community is kind of a close-knit one, even if they
don't interact too closely with one another, the Hilo one, the Puna, and further
down the coast. But as the Kilauea lava flow was approaching Pohoiki boat ramp
there was a lot of concern, you know, because I go down to the boat ramp in Hilo
every so often just to drink beer with some people. I'm not aI get sea sick. I'm
a land lover. And they were concerned, you know. And I guess you would call
them, for their brethren and their sisters over there, because they said it's going to
wreak havoc if the lava flow affects that boat ramp. And it did. And it has really
impacted that boating community.
And another thing to consider too, which was brought up by the Hilo people, is
that they need an access to get into the water in an emergency situation as well.
So this is really important. I know Matt as well as Ashley have been really
working hard with Joy on this thing. But I wanted to make the comment about
that area incorrectly referred to as Malama Flats. Now I'm not a fisherman either.
But I go with my friends to drink beer while they're fishing. And these guys got
to be nuts if they're thinking about Malama Flats as a suitable boat ramp area,
because that place is really rough. It's dangerous. I mean in my opinion. They
might settle on that area, but I just don't think it's going to be good.
But I just wanted to state my support. And that the Hilo boating community is all
in support of this as well. Thank you.
ACTING CHR. EOFF: Thank you, Mr. Chung. Any other comments?
Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-18 July 24,2019
MR. KANEALI`I-KLEINFELDER: Ashley, good job. I was at that meeting.
And I did appreciate all that concerns that came out of the community. It's our
community. As much as it's your district where it lies, there really are a lot of my
constituents too. I have some very interesting people. One in particular, Jose
Martines, he calls me. He's not the sweetest guy but he's very persistent. And he
really wants a boat ramp back in Puna. And there is nothing in between Hilo and
Ka`u. And that's actually a public safety concern.
But I had a thought after the meeting. And I'm going to put this out there because
it's a good time to discuss it. I looked at Chris Todd who is sitting there and I
said, why doesn't the County, or is it even possible because I'm still learning, that
we take a piece of the land that was created, the state land now, off of the new
coastline like the Lawai`a are asking us to do, and then use Mr. Trask's idea to cut
ourselves a permanent temporary access point to the ocean. Given the volatile
nature of Puna, why spend millions of dollars and five years planning a permanent
structure in an area that has again and again shown that it may not be there in a
few years.
So I'm putting that out there because I thought it was an interesting thought.
There's state land that now exists that didn't exist before. Mr. Trask had a
beautiful idea of how to create a boat ramp there. Given that Puna is so changing
and volatile, could it be possible for us to work on a fix which would allow us to
make a boat ramp. And although it wouldn't be permanent per se, allows us to
work within what we know the area to be versus being stuck in the let's do a five
year plan to create a temporary cement boat harbor with a giant infrastructure
built around it. It just doesn't make sense in a way.
So I'm putting that out there for you. I would help you if you wanted help with it.
I don't even know if it's possible but it was a thought. The state would have to
grant us the land, and then we'd have to work up some kind of ability to do
Mr. Trask's idea for that boat ramp. Because they do know the land, they do
know the water better than anybody else from Oahu because they're there every
day. So food for thought. And I just appreciate you jumping on this and seeing
that the State and the people have a disconnect. We're seeing that in other places
too right now. So just thank you, and some food for thought. And if you want to
answer now, that's great. If you don't, think about it. If it's not possible then,
hey, I said it.
MS. KIERKIEWICZ: Thank you, Matt. I'm so glad that we're able to work
together. You know, I'm sorry, Chair. I didn't even ask for permission to speak.
May I speak?
ACTING CHR. EOFF: That's okay. Go ahead, Ms. Kierkiewicz. Yes, you may.
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Hawaii County Council-18 July 24,2019
MS. KIERKIEWICZ: You know a number of us community Lawai`a, my team,
we're meeting with DLNR DOBOR (Division of Boating and Ocean Recreation)
representatives on Friday at Pohoiki, and that's one of the things I'm going to ask,
is the community is very clear that we need an immediate solution right now.
And I was very impressed with how organized they were at the July 13 meeting.
They had a really sick animated video where they were showing the potential
locations on the new lava. And I thought, "Who paid you $40,000 for this?"
Nobody. They did it for free because they believe and they knew. And so the
community knows what it needs. I'm going to insist the state put the creative lens
on for this one and really find a way to accelerate something right now while we
work on the long term.
And by the way, that five years we'll get a boat ramp is, as Deputy Masuda put
out, best-case scenario after we line up permitting and funding. So that is a very
long haul and I'm not satisfied with that, and I know that Matt isn't either and I
know the community isn't. And so I'm going to push for some creative thinking
and some really immediate solutions. So thank you, Matt. Glad to be working
with you on this.
ACTING CHR. EOFF: Thank you, both. Any other comments? Seeing none all
in favor please say "aye."
Vote on Res. 218-19: The motion to adopt Res. 218-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. And I believe we just have one item left.
That would be Bill 86.
BILLS FOR The Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
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Hawaii County Council-18 July 24,2019
Bill 86: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2019, TO JUNE 30, 2020
Increases the Office of Management Village 9 Homeless and Affordable Rental
Project by $46,000, for a total appropriation of$250,000. Funds shall be
provided from State Grants Receivable and would be used for a topographic and
boundary survey and other development costs.
Reference: Comm. 341
Intr. by: Ms. David (B/R)
First Reading: July 9, 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. David moved to pass Bill 86 on second and final
reading. Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion? Okay seeing none all in favor please
say "aye."
Vote on Bill 86: The motion to pass Bill 86 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. I believe that is the end of our agenda.
May I have a motion to adjourn?
ADJOURN- There being no further business, at 3:23 p.m., Mr. Richards moved to adjourn the
MENT: meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-18 July 24,2019
ACTING CHR. EOFF: Meeting is adjourned. Thank you very much, Council
Members.
•
Council Approval: SEP 0 4 2019
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