An irate testifier interrupted a 91Ö±²¥ County Council meeting Tuesday while its members were preparing to vote on a resolution calling for the acquisition of nearly 2,000 acres of coastal land in Kapoho.
Resolution 516-26 authorizes the county finance director to negotiate with seven different lower Puna landowners to buy a group of properties collectively known as “Kumukahi” using public land preservation funds.
Money for the purchase would come from the Public Access, Open Space and Natural Resources Preservation Commission, or PONC — a county advisory body tasked with identifying lands for purchase using funds derived from 2% of annual property tax revenues.
The Kumukahi properties recommended by PONC make up the easternmost point of 91Ö±²¥ Island, comprised of rocky coastlines and overlapping lava flows with patches of spindly trees and meadow grass. Containing a 125-foot-tall lighthouse, burial sites, heiau and other historical features, it holds great cultural significance as a “wahi pana” and “wahi kupuna,” meaning legendary place and ancestral place, respectively.
It is bordered on each side by the Puna Coast, Old Government Beach Road, Kapoho Farm Lots properties and Koa‘e neighborhood farms. The county’s plan to acquire Kumukahi involves opening it to the public for educational, recreational and cultural uses, and stipulates the protection of its native ecosystems and marine resources from development.
Even so, the lone testifier at Tuesday’s meeting in the council’s Kailua-Kona chambers spoke in opposition to the resolution, claiming that the public had not been given adequate notice and time to respond.
The measure passed the council’s Committee on Legislative Approvals and Acquisitions with an 8-0 vote on March 21, sending it to the full council, which gave every indication that members would issue another unanimous vote to approve.
But just as council members were voting Tuesday on a housekeeping amendment to the resolution in preparation for the final vote — which simply corrected some of the tax map key numbers in the document — the session was forced into a recess by Native 91Ö±²¥an cultural leader Mikahala Roy.
Roy walked across the room and took a seat at the table facing the council and began shouting when Council Chair Holeka Inaba asked members for a verbal vote on whether to add the amendment.
“Mister chair, you cannot vote on this!” she yelled.
Inaba seemed caught by surprise, and politely chastised the interloper.
“Excuse me, please do not interrupt, we are in the middle … ,” Inaba started before being cut off.
“You have not got the testimony from the people,” Roy said. “You cannot vote on this. Miss (Ashley) Kierkiewicz, did you not hear my testimony and see what I have given you all? You have seen … .”
Inaba cut her off this time, warning that the meeting would be paused if she continued being disruptive.
“Miss Roy, we are going to have to go into recess if you cannot respect the decorum of this council meeting and our proceedings,” he said.
She continued undeterred, and Inaba quickly moved to pause the meeting, stating “council members we are in recess, thank you.”
Roy kept shouting into the microphone even after Inaba’s declaration.
“There is no question about it, you may not vote for this resolution,” she said. “You did not give ample time for people to know that this was happening. Miss Kierkiewicz, would you address that?”
The council clerk walked over to the table where Roy was seated tried to grab the podium microphone away from her, and she latched onto it with both hands, the two jostling over the device.
“No way, you have not heard the people, you cannot vote!” Roy yelled.
“You’re going to damage this equipment. Stop,” the clerk said. “Stop, stop, stop, stop, stop. You’re behaving like a child.”
“This is your district. Please comment! Please comment!” Roy said, presumably speaking to Kierkiewicz.
Despite this disturbance, the council ended up unanimously passing the minor amendment — and subsequently the resolution itself — with all nine members present.
Roy attempted to disrupt the meeting again a few minutes later, shouting from the gallery of the chambers.
“We are going to be in recess again,” Inaba threatened. “Miss Roy, for the record, if you cannot respect the decorum of this building, you will be removed.”
After the tussle, some of the council members tried to placate Roy’s concerns.
”I just want to note that throughout this process, you know, the recognized lineal descendants of the area and the ohana of the area have been engaged, and the public record of testimony reflects their support of moving forward with acquisition,” Kierkiewicz said.
Puna Councilman Matt Kaneali‘i-Kleinfelder then asked the council chair to speak, saying he didn’t understand the motive behind Roy’s outburst.
“I’m not quite sure what the … deal is, or the concern is, with the individual who’s in the chambers, but I, after reviewing the legislation — this is a very positive move for the community, in my eyes,” Kaneali‘i-Kleinfelder said.
When it came her turn to speak on the issue, Kona Councilwoman Rebecca Villegas tried to reassure the public that Roy’s accusation that there was a lack of public notification and input surrounding Kumukahi’s acquisition was unfounded.
“I want to assure anyone watching this meeting today that the appropriate and legal notification timelines have been followed for this,” Villegas said. “Community always has an opportunity to tune in, to lean in and to research and find out what issues, ordinances, measures, resolutions, bills will be coming before council. There are very strict deadlines and timelines on when that information is published and is public.”
She contended that the resolution has in fact had extensive supportive public testimony, and advised anyone feeling the same sentiment as Roy to make an effort to access publicly available information about county business.
“We heard from a testifier that there wasn’t enough time, and community needed more time to be notified,” Villegas said. “I do want to clarify. Community was notified, and in our prior hearings of this issue, a huge number of community members and those actively involved and engaged in the stewardship of this land turned out to testify in support.
“So I want to encourage anyone who feels they don’t get enough time to go ahead and do a little research, look at the website, find the portals for you to gather information to ensure that you know what’s coming forward on our agendas, as early as possible.”
Email Stefan Verbano at stefan.verbano@hawaiitribune-herald.com.