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HomeMy WebLinkAboutMIN COUNCIL 2015/12/02 2014-2016HAWAII COUNTY COUNCIL 27th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 2, 2015 INVOCATION: Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to ORDER: order at 9:01 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member Absent & Excused: Mr. Dennis "Fresh" Onishi, Member MR. MAEDA: Chair Kanuha, eight members are present. CHR KANUHA: Thank you, and I've also received a memo from Council Member Onishi. He's currently representing our State in the National Association of Counties meeting in, I think, Colorado. So he will be excused for today's session. Okay, I'm going to call this meeting to order. I should have done that before this. But now we have the Pledge of Allegiance. If I could, we have Eagle Scout here for our certificate presentation, and I think, Dylan Galdones? Yeah, if you could please lead us in the Pledge of Allegiance. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. Hawaii County Council -27 December 2, 2015 (At this time, Mr. Dylan Galdones led the Council in the Pledge of Allegiance.) CHR KANUHA: Mahalo for that. Okay, and I think you're going to be up again. PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expression of Condolence. CERTIFICATES OF MERIT, AND CHR KANUHA: Ms. Poindexter, I think you have a certificate presentation to EXPRESSIONS hand out to Mr. Galdones. OF CONDOLENCE: Ms. Poindexter presented a Certificate of Merit to Boy Scouts of America Member Dylan Galdones, in recognition of achieving the highest rank of Eagle Scout Code of Honor. Recess: At 9:11 a.m., the Chair called for a recess Reconvene: The meeting reconvened at 9:13 a.m. CHR KANUHA: We're coming out of recess. Mahalo, Ms. Poindexter, for that presentation. Congratulations, Dylan. Okay, next up we have Statements from the Public on Agenda Items. I'm going to call up the first two testifiers here in Hilo, Madie Greene and Ronnette Gonsalves; and I'll check with the other sites. Scott, in Kona, is there anybody there to testify? MR. RUEDY: Good morning, Chair. We don't have any testifiers for Council today, thank you. CHR KANUHA: Thank you. We'll move on to Ka`u. Aloha, Ka`u. Good morning. MS. ALEXANDER: Good morning, Mr. Chair. We have one testifier today. CHR KANUHA: Okay, thank you. We'll come back. Aloha, Pahoa. Good morning. MS. VERA CRUZ: Aloha and good morning, Mr. Chair. I have no testifiers for your committee today. CHR KANUHA: Okay, thank you. Waimea, Dave? Aloha. MR. HIRT: Aloha, Chair. We currently have one testifier signing up. Page 2 Hawaii County Council -27 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS December 2, 2015 CHR KANUHA: Okay. We will come back to you. Then in North Kohala? MS. SWEENEY: Aloha, Chair. I have two testifiers, one observer. CHR KANUHA: Okay, thank you. We'll come back to you. We'll start here in Hilo with Madie Greene and Ronnette Gonsalves. The Chair directed the Council to proceed to the next order of business, Statements from the Public on Agenda Items. The following individuals registered to speak, and came forward when called by the Chair: CHR KANUHA: Again I'll mention you have three minutes to testify on each agenda item, and just state your name for the record, and you may begin when you're ready. Just make sure the microphone is on, press the button at the bottom. Red light. Perfect. Madie Greene: (Representing the Nanawale Food Pantry) Ronnette Gonsalves: (Representing the Nanawale Food Pantry) Richard Abbett: Res. 342-15 (Comm. 563), in support. Res. 342-15 (Comm. 563), in support. Res. 338-15 (Comm. 558), in support; and Res. 339-15 (Comm. 559), in opposition. Lisa Andrews: Res. 326-15 (Comm. 540), in support; Res. 327-15 (Comm. 541), in support; Res. 328-15 (Comm. 542), in support; and Res. 338-15 (Comm. 558), in support. Toni Withington: Res. 326-15 (Comm. 540), in support; (Representing Kamakani Res. 327-15 (Comm. 541), in support; and O Kohala Ohana-Kako`o) Res. 328-15 (Comm. 542), in support. Joe Pierce: Res. 338-15 (Comm. 558), comment; Res. 339-15 (Comm. 559), comment; Res. 346-15 (Comm. 567), comment; and Res. 347-15 (Comm. 568), comment. Page 3 Hawaii County Council -27 Carter Collins: Veronica Eugenio December 2, 2015 Res. 326-15 (Comm. 540), in support; Res. 327-15 (Comm. 541), in support; and Res. 328-15 (Comm. 542), in support. Res. 338-15 (Comm. 558), in opposition; and Res. 339-15 (Comm. 559); in opposition. CHR KANUHA: Okay, thank you. Mahalo for your testimony. Is there anybody else that we've missed who wants to testify? Please let me know at this time. If not, I'm going to close public testimony and move on with the agenda. MR. ILAGAN: Mr. Chair? CHR KANUHA: Mr. Eagan? MR. ILAGAN: I just wanted to do a point of information. CHR KANUHA: Sure. Point of MR. ILAGAN: Thank you, Mr. Chair. I just wanted to mention this, on a lighter Information: note. Today is actually December 2, and to those, it's our elected service anniversary. I wanted to compliment the five members here who have made it on their third year on their elected service, and I just want to thank you for your great work. Council Member Chung, who is now going on his ninth year of Council service; and to Council Member Paleka and Council Member David, to their first year. I just wanted to mention that because you're all in touch in your community and you've done a lot of great work, and it's a great time to reflect on that great work. So, I just wanted to mention that. CHR KANUHA: Thank you, Mr. Eagan. Send the mana out to Council Member Onishi out on the Mainland. Thanks for that point of information. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Page 4 Hawaii County Council -27 December 2, 2015 CHR KANUHA: Okay, Mr. Clerk, if I could, we're going to take a few items out of order. We have Susan Akiyama here from the Housing Administration. So if we could, Bill 117. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following item were taken out of order: Bill 117: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal — HOME Program account ($452,684); and appropriates the same to the Mohouli Heights Senior Neighborhood 2, Hawaii Island Community Development Corporation account. Funds would be used by the Office of Housing and Community Development's HOME Investment Partnerships program to construct the Mohouli Heights Senior Neighborhood Project, Phase II. Reference: Comm. 572 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 117 on first reading. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff, any discussion? We have Susan Akiyama here. MS. EOFF: Right, we had a quite lengthy discussion in Committee, but would you like to add anything today? Thank you. Just state your name and then go ahead. MS. AKIYAMA: Susan Akiyama, the Administrator for the Office of Housing and Community Development. I'm just here today to answer any questions that you might have about this reallocation of funds. These are monies that came from Maui County that they were not able to utilize. The State HHFDC (Hawai`i Housing Finance and Development Corporation) Department has allocated them to us. So if you have any questions? MS. EOFF: I don't have any questions. I believe it's a very important project, and it's looking like we're going to need more and more available housing for elderly very soon. So thank you for going forward with this. CHR KANUHA: Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." Page 5 Hawaii County Council -27 Vote on Bill 117 (Approved) December 2, 2015 The motion to pass Bill 117 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Next one, we have Bill 108. Bill 108: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — TWENTY ACRES (A -20a) TO FAMILY AGRICULTURAL — ONE ACRE (FA -la) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-004:012 (Applicant: Brett W. Ritchie) (Area: Approx. 5.94 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to create a three -lot family agricultural subdivision. The applicant states that the existing dwelling would be demolished and the family would construct three separate residences on lots ranging in size from 1.2 to 3.3 acres. Vote on Bill 108 (Adopted) Reference: Comm. 523 Intr. by: Mr. Eagan (B/R) First Reading: November 18, 2015 Mr. Eagan moved to pass Bill 108 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Okay, I'd like to go to the top of the agenda. We have the Kohala PONC (Public Access, Open Space, and Natural Resources Preservation Commission) funds. So if we could do Resolution 326. Page 6 Hawaii County Council -27 December 2, 2015 Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 326-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 5-3-007:010 KNOWN AS HALELUA IN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The 50.312 -acre property is listed as priority No. 1 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 540 Intr. by: Ms. Wille Approve: FC -39 CHR KANUHA: Mr. Clerk, you can read in 327, 328 at the same time and then we can just do motion on singular. Res. 327-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS: 5-2-007:004 AND 027 AND 5-3-007:22, 023, 026, 032, AND 033 KNOWN AS THE HAPU`U TO KAPANAIA CULTURAL CORRIDOR IN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION. AS AMENDED) The seven parcels, totaling 166.684 acres, are listed as priority No. 2 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 541 Intr. by: Ms. Wille Approve: FC -40 Page 7 Hawaii County Council -27 December 2, 2015 Res. 328-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS: 5-2-001:020 AND 025 KNOWN AS NIULI`I IN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The two parcels, consisting of 48.138 acres, are listed as priority No. 3 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 542 Intr. by: Ms. Wille Approve: FC -41 Motion to Approve: Ms. Wille moved to adopt Res. 326-15 and Finance Committee Report No. 39. Seconded by Ms. Eoff MS. WILLE: I'm going to speak on these as really, a package. As I think the folks there in North Kohala have specified, this has been really close to a 40 -year process of trying to preserve what I consider to be not only historically significant land to our County, but to our State. This was the home, the heart, of where Kamehameha I lived, and one of these parcels has, like, 280 historic sites on it, just one alone. There are also environmental. There's areas where it's the only one of the few remaining kala forests where there's nesting grounds of certain birds. There's trails all through here for people. You know, I want to honor the folks such as Toni Withington, Joe Carvalho, and the others that have worked on this. One of the parcels thatI'm not going to hold up the map unless someone has a question—that the residents of North Kohala raised the funds for and have also gotten State funds, and are trying to really make this a four -mile corridor of something that would be, it's important as a sense of place culturally and also economically in terms of tourism and what we represent. So each of these has different aspects and different assets, and it will not only be by way of funds from, you know, looking at the Open Space funds, but they're looking at other fund raising options. So if anyone has any questions, I'd be happy to answer, or I'd bring Toni forward. Otherwise, I ask for your approval. CHR KANUHA: Thank you, Ms. Wille. Council Members, any discussion? Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Thank you, Ms. Wille, for bringing these forward. Especially thank you to the community groups out in Kohala and Toni Withington, who I've known for probably 30 years, and she's never let up in the vision of keeping the Kohala coastline open. I can't emphasize enough Page 8 Hawaii County Council -27 December 2, 2015 how important that kind of work is as we more and more develop our island, that we can keep certain places more pristine; and I think the North Kohala coastline is one of those places that deserves this attention. I also thank you for willingness to keep it up with the landowners, and find ways to negotiate so that these parcels can be acquired. I know that's another whole side of the work that you do, and you've been exemplary in the proper use of the 2 percent open space fund. So thank you very, very much, and I hope that eventually we are successful in acquiring these three parcels. CHR KANUHA: Thank you, Ms. Eoff Any other discussion on Resolution 326? Hearing or seeing none, all in favor say "aye." Vote on Res. 326-15: The motion to adopt Res. 326-15 and Finance Committee (Adopted) Report No. 39 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Ms. Wille, may I have a motion to approve Resolution 327? Motion to Approve: Ms. Wille moved to adopt Res. 327-15 and Finance Committee Report No. 40. Seconded by Ms. Eoff CHR KANUHA: Ms. Wille. MS. WILLE: I think I've spoken enough on this, and I urge your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 327-15: The motion to adopt Res. 327-15 and Finance Committee (Adopted) Report No. 40 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. Page 9 Hawaii County Council -27 December 2, 2015 CHR KANUHA: Motion passes. Ms. Wille, may I have a motion to approve Resolution 328? Motion to Approve: Ms. Wille moved to adopt Res. 328-15 and Finance Committee Report No. 41. Seconded by Ms. David. CHR KANUHA: Ms. Wille. MS. WILLE: Again, I ask for your support. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing none, all in favor say "aye." Vote on Res. 328-15: The motion to adopt Res. 328-15 and Finance Committee (Adopted) Report No. 41 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Thank you, Ms. Wille; and thank you to the Kohala community groups. Okay, I also have one more out of order, Bill 109. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following items were taken out of order: Bill 109: AMENDS ORDINANCE NO. 94-6, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL — 10,000 SQUARE FEET (CG -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:008 (Applicant: Eric Hoota) (Area: 26,770 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to Ordinance 94-6, which would allow a five-year time extension for an office building to be constructed to accommodate a dental laboratory and financial services. The five-year time extension would commence on the date of the approval of this amendment. Reference: Comm. 524 Intr. by: Mr. Eagan (B/R) First Reading: November 18, 2015 Page 10 Hawaii County Council -27 Vote on Bill 109 (Adopted): December 2, 2015 Mr. Eagan moved to pass Bill 109 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Also, Mr. Clerk, can we go to Resolution 342? You can read in 342 and 343. Res. 342-15: 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 FOOD BASKET FOR THE NANAWALE FOOD PANTRY Transfers $1,000 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 563 Intr. by: Mr. Eagan Res. 343-15: 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 FOOD BASKET, INC., TO ASSIST THE BODACIOUS WOMEN OF PAHOA WITH ITS EMERGENCY FOOD SUPPLY AND NATURAL PREPAREDNESS INVENTORY FOR THE PUNA RESIDENTS Transfers $1,000 from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 564 Intr. by: Mr. Paleka Motion to Approve: Mr. Eagan moved to adopt Res. 342-15. Seconded by Ms. David. CHR KANUHA: Go right ahead, Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. First of all, I just wanted to say that this is definitely a collaborative effort in support for the work that the Bodacious Page 11 Hawaii County Council -27 December 2, 2015 Women have done. Sorry, I'm trying to just get my throat cleared because there's a lot of things I actually want to say. It just reminds me of how this disaster was definitely devastating, but how much good has come from it. But before I go into that, just the name Bodacious Women is striking in itself, and that's probably the reason why the Chair told you to remain here until your resolution came. But I looked it up, "Bodacious" Women, and it's actually a combination of words "bold" and "audacious," which means impressive, awesome, brave in action, remarkable. That really defines these women. They have done a lot of great work, and one of the things I see in this, and their vision, is that they are the model of what could happen in the communities in the rest of the County of Hawaii. It brings me an honor to help them out, because they have lead the charge and they have done a lot of great work in the community, and it's really an honor that I can be a part of it, and continue your program. So I just want to ask support to the Council Members in this effort. And just because Council Member Paleka and I gave money, it doesn't mean the other Council Members can't give money also. I just want to throw that out there, because as their model is successful, it can definitely be mimicked across the other districts. So thank you. CHR KANUHA: Thank you, Mr. Eagan. Council Members, any other discussion on Resolution 342? Okay, hearing or seeing none, all in favor say Ic aye. Vote on Res. 342-15: The motion to adopt Res. 342-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Mr. Paleka, may I have a motion to approve? Motion to Approve: Mr. Paleka moved to adopt Res. 343-15. Seconded by Ms. David. CHR KANUHA: Mr. Paleka, go right ahead. MR. PALEKA: Thank you, Chair. Just to reiterate what my colleague had conveyed regarding the Bodacious Women and Madie Greene. You know, just Page 12 Hawaii County Council -27 December 2, 2015 working with them down there during the Hurricane Iselle, giving out the ice, the food, and now the pantry continuing. I mean, the work that these individuals and group does in Nanawale not only affects that area, but like they said, it's spreading out and it does reach a lot of, well, constituents in my area too. So it's incumbent that I help this wonderful organization continue what they're doing, Ronnette and Madie. Thank you so much for what you do, you know. I really appreciate. Mahalo. Mahalo nui. And I ask for your support. CHR KANUHA: Thank you, Mr. Paleka. Council Members, any discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 343-15: The motion to adopt Res. 343-15 was carried by the (Adopted): following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Mr. Clerk, we'll just do the top of the agenda. Resolution 338. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 338-15: URGES THE HAWAII STATE LEGISLATURE TO AMEND ACT 241, RELATING TO MEDICAL MARIJUANA, TO ADDRESS PRODUCTION CENTERS IN AGRICULTURAL ZONED LANDS AND PROHIBITIONS ON PRIMARY CAREGIVERS As delineated in Exhibit A attached to the resolution, the amendment would allow each county to adopt further regulations relating to where a medical marijuana production center can be located; and would allow a patient's registered primary caregiver to provide medical marijuana or manufactured marijuana products to one qualifying patient. Reference: Comm. 558 Intr. by: Ms. Wille Approve: GREDC-3 CHR KANUHA: Can you also read in 339 as well? Page 13 Hawaii County Council -27 December 2, 2015 Res. 339-15: URGES THE HAWAII STATE LEGISLATURE TO AMEND ACT 241, RELATING TO MEDICAL MARIJUANA, TO ESTABLISH A COUNTY SALES TAX ON MEDICAL MARIJUANA SOLD AT DISPENSARIES As delineated in Exhibit A attached to the resolution, the amendment would allow each county, by ordinance, to impose a sales tax of up to five percent of the gross sales of any medical marijuana dispensary located within the county, which may be collected on a quarterly or annual basis. Motion to Approve: Reference: Comm. 559 Intr. by: Ms. Wille Approve: GREDC-4 CHR KANUHA: Ms. Wille, motion to approve Resolution 338? Ms. Wille moved to adopt Res. 338-15 and Governmental Relations and Economic Development Committee Report No. 4. Seconded by Ms. David. CHR KANUHA: Go right ahead, Ms. Wille. MS. WILLE: Okay. Yeah, 338, just say the focus there is really to allow the County to have more say-so, at least with respect to where production areas would be located. This is basically—the way the law is written right now, the counties do not have any meaningful input. Secondly, this resolution would encourage legislators to allow the caregiver program to continue regardless of now allowing these dispensaries. That's where, the way it's written now, after 2018 then everyone would be required to buy, who's an eligible patient, to buy from a dispensary, other than in a few limited situations. (Res.) 339 would be giving the County the authority to impose a tax of up to five percent on sales from the dispensaries. Again, if you were obtaining it from a primary caregiver, you wouldn't have that tax. My message there, as I explained last time, is really to say to the legislature, "Here is another unfunded mandate that the County is given and that we have no say-so in, and yet, the financial burden will be on the counties." And as listening to Mitch Roth and reading myself, there is, wherever the dispensaries have been set up, even say in Colorado where it was first for medical, there has been a significant impact. At the same time, with respect to (Res.) 339, the one with taxes, this would be a—the message would be sent by way of at least the authority to impose a tax on medicine, which I think we all would have concerns about, and that there are other ways and better ways to maybe send that message. So I will be proposing, when we come up to that, that we indefinitely postpone that second resolution and give that some consideration and weigh those two points. Page 14 Hawaii County Council -27 December 2, 2015 Going back to really the home rule, Resolution 338, I do feel that this is important, and I do feel that we are going to have an opportunity to get the State's attention. Some of the legislators that spoke were quoted in the newspaper when this came up before said, well, this is a new bill, they're probably not going to have any new legislation on it. But the State Legislators right now who are involved are well aware of there are some key problems that they're going to want to immediately address. I'll just give you one example. Right now, you need to have a certified lab for testing for the marijuana, and that certified lab would probably cost about a half a million plus; and there's a prohibition against moving marijuana by plane or boat to another island. So therefore, you can't just have a central lab. One would have to have it on every island, which doesn't make sense. So, I'm just saying there's things that justI expect this will come up. I do feel that this is all about money. Everything is going—the way it's addressed is towards promoting the dispensaries and making it easier, and cutting out, really allowing them to become a monopoly force. I think the key thingI mean to even not even grandfather in the people who have a support network with a primary caregiver. Let me say, you know, I really disagree with what my constituent, the Honorable Veronica Eugenio, said because I think she misunderstood what I'm doing here. It was really following their meeting on the 29th and even before that I September 29I started working on this, and I did have a resolution in my General Plan resolution that would have more allowed areas to opt out. I wrote this bill in the way that I felt would most effectively, we could pursue exactly what she's concerned about in allowing us to have more say-so, and allowing us, such as in North Kohala, where they're very concerned about the marijuana there. So I have more to say, but I will yield at this point, and that gives you some general idea where I'm coming from on this. CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Regarding Bill [sic] 338, what I would say is I would tend to lean towards maybe suggest bifurcating it. Because the caregiver provision I can strongly support, in not letting that lapse. As for the where the cultivation can occur, that I'd like to hear more and get community input. But I think it's two big enough issues that maybe separating it might be better. Because I can certainly support the caregiver not running out and have a sunset. No, I think that should be definitely continued. Page 15 Hawaii County Council -27 December 2, 2015 I may agree, in terms of the way the bill [sic] that it could be construed as creating a monopoly. As for the tax on how much, I'm open to listening to that discussion. So I think that kind of breaks it into three. So that's just what I'd like to point out for now. But thank you for bringing this forward. CHR KANUHA: Thank you, Mr. Paleka. Any other discussion, Council Members, before I give it back to Ms. Wille? Okay, Ms. Wille. MS. WILLE: Yeah, I just want to first say in terms of the big picture, I think we're seeing something that is going to be more than medical marijuana. I think it's important that we as a County are assertive that we want to be part of this conversation, and that's, in a big way, what I'm trying to say here. I think that, as some of the testifiers today or in particular the last time brought up, you know, there's—in the State, there were currently some 300 that said that they are not able to obtain their medical marijuana, and in this County it was like, I don't know, 10-20. So we're bringing in enormous dispensaries, you know. They have to have a lot of money here. So as I see it, we need to be proactive and be part of this conversation. That's really where I'm going. I think Council Member Paleka sort of saying at least with where it's grown, which is where I'm clearly getting the biggest message, like, we want to be part of this conversation. Maybe I'm just sort of, to my constituents, feeling, "Margaret, you're not doing something big enough." You know, I'm trying to be as meaningful and as effective as I can. I do feel from talking to State Legislators, I feel that there are some at least that tentatively have said that they would be supportive of this, who were involved. So I did attend the meeting last night with the North Kohala community. I am getting a lot of input, but again, that we need to be assertive. I do think, you know, times have changed with what is marijuana. My daughter is very ill. I do support having medical marijuana. When she was in extreme pain, it was really the only thing that helped with nerve pain. So I am supportive. But saying let's do it for medical marijuanaI think that the whole issue of recreational is a whole `pother ball game. Marijuana, as going to, you know, doctors and people in California, is there's really a continuum. There's like, what the marijuana, and I can't remember these technical names, that has the most of certain chemicals, is what's the most medicinal. Then at the other end of the continuum, there's what's the most psychedelic, gets you high. It's really quite a different product. I think that at least in name right now, we're looking at medical marijuana; and we really need to focus on what's necessary to serve our constituents as a medicine, and how to do that. I think, really, ideas have come up, well, maybe this should be handled like we do with liquor, and have it be where the production area is located or something. Get real community input. But at least I feel that we as a Council, as the County, Page 16 Hawaii County Council -27 December 2, 2015 and as speaking for constituents should be able to have some—be able to limit where it is. It doesn't mean we can say no. It's just that we're down here on the ground, you know, where what makes sense, and bring that common sense. So I urge your support. You know, I put these together, really talking to the legal—you know, our Leslie Chow and Jon and what would be best putting these two together. I'm not opposed to separating them. There is a time factor here. The Legislature goes in. So really only because of that, I would urge you, if you can support this as it's written, even if we understand that it's two different ideas, I would appreciate that. But I'm not—you know, I try to move it forward. I'm trying to get us to allow us to have a voice and a question that's going to be much bigger than what it is right today. I yield. CHR KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I wasn't going to say anything, but then Ms. Wille brought up some points that, you know, kind of peaked my curiosity. Because first of all, I support the resolution. But she brought up various topics that really are not germane to the issue at hand but I think are worth talking about. First of all, what she's suggesting actually goes counter—it runs counter to what the State is trying to promote, okay. Because they specifically left the counties out of the equation, and for probably good reason. They wanted to advance their social policy of getting these dispensaries up and running. Normally, I would defer to the legislature in that regard, but in this case, I don't really like what they came up with. You talked about it, the scale of their operations. It kind of allows only big companies to come in, the rich guys, right. It doesn't allow for small operations. So in that regard, I'm going to support her resolution and her idea. It touches upon home rule now. I want to segue into that thing. You know, we talk about home rule a lot, and a lot of people throw that term around, "home rule, home rule." You know, we are entitled to our "home rule." But what Ms. Wille has done here by implication is to really underscore the fact that we're only given as much home rule as the Legislature sees fit. That's why she's saying—you know, she's carving out something from what the Legislature provided. So we can't just say we have this inherent right to home rule. We are only given so much home rule as afforded to us by the State. I just wanted to make those points. But I support the resolution. Thank you. Page 17 Hawaii County Council -27 Vote on Res. 338-15 (Adopted) December 2, 2015 CHR KANUHA: Thank you, Mr. Chung. Any other discussion, Council Members, on resolution—well, or both of them actually, but we're on Resolution 338. Okay, we can go ahead with the vote. Unless, Ms. Wille—you okay? All in favor of Resolution 338 say "aye." The motion to adopt Res. 338-15 and Governmental Relations and Economic Development Committee Report No. 3 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Ms. Wille, motion to approve Resolution 339. Motion to Approve: Ms. Wille moved to adopt Res. 339-15 and Governmental Relations and Economic Development Committee Report No. 4. Seconded by Mr. Paleka. CHR KANUHA: Ms. Wille. MS. WILLE: My inclination, I want to hear what others have to say, is that we indefinitely postpone this and that we focus on 338. I think that it's more important, and I think really I was trying to send a message that isn't really a direct message, like don't give us unfunded mandates, and that if you get involved with the finances, that's when you really are part of the conversation, and I think that it's effective. But at the same time, I really want to focus that this is—this legislation and what I support at this point is medical marijuana and how to do that in the most effective way. As part of that, that taxing medicine is inconsistent with my bigger picture goal. Therefore, I feel that I will work on sending the message another way and even getting the vote the first time, I think, is also part of that. So, I want to hear what the rest of you have to say, but I think my preference would be to really focus on 338, and which I have some support with State Legislators, and I don't have support on 339. I just don't want to get where I'm trying to talk both and different messages. So at the same time, if, when I expect is probably going to be in the 2018, the issue of recreational marijuana comes up, you know, I don't believe necessarily that we're convinced that should happen, and that's a whole `pother bigger picture, and if something's again, a program Page 18 Hawaii County Council -27 December 2, 2015 stuffed down our throat, an unfunded mandate, then this would be another appropriate discussion, but that we leave that aside. So I yield to listen to what any of the rest of you have to say on this issue. CHR KANUHA: Ms. Eoff MS. WILLE: Make the motion? CHR KANUHA: No, Ms. Eoff wanted to say something real quickly. MS. EOFF: Well, I can speak to the postponement if she wants to CHR KANUHA: Sure. Ms. Wille, can I have a motion to postpone indefinitely. Motion to Postpone Ms. Wille moved to postpone Res. 339-15 indefinitely. Indefinitely: Seconded by Ms. Poindexter. CHR KANUHA: It's been moved by Ms. Wille, seconded by Ms. Poindexter to postpone Resolution 339—well, do you really want it indefinitely? MS. WILLE: Well, or what? I'm going to say indefinitely at this point. CHR KANUHA: Okay. MS. WILLE: That's really what I'm CHR KANUHA: It's been moved and seconded. Any discussion? MS. WILLE: But I'm listening to you all. CHR KANUHA: Ms. Eoff MS. EOFF: No, I support that postponement, and thank you, Ms. Wille, for that. I think when we talked about this last time I did state a concern that I was having an issue with supporting taxing a medicine for medicinal uses. But you're right, if it comes down to a future of recreational use, I think we would want that ability. So yeah, I support this postponement. CHR KANUHA: Okay, any other discussion? Ms. Wille, you wanted to say something? MS. WILLE: No. CHR KANUHA: Okay. All in favor of the motion please say "aye." Page 19 Hawaii County Council -27 Vote on Motion to Postpone Indefinitely (Approved) Change Order of Business: December 2, 2015 The motion to postpone Res. 339-15 indefinitely was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Okay, I'm also going to take out of order real quickly Resolutions 348 and 349, if we could just read both of them in. As directed by the Chair and with no objection from the Council Members, the following items were taken out of order: Res. 348-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE FIRE APPARATUS (TANKER TRUCK) FOR THE HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for a tanker truck to be assigned to the North Kohala Fire Station, at an approximate cost of $9,500 per month. Reference: Comm. 569 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 348-15. Seconded by Mr. Paleka. MS. EOFF: Thank you. Well, this will increase our firefighting effectiveness in this North Kohala area, and where there is no water currently accessible. I think it provides an additional 2,000 gallons of water immediately to any incident. But would you like to add anything since you did come over? (Note: At this time, Assistant Fire Chief of Operations Gantry Andrade came forward to address the members of the Council.) MR. ANDRADE: First of all, good morning ladies and gentlemen of the Council. Thank you for all you do. Happy Holidays. My name is Gantry Andrade, Assistant Fire Chief of Operations for the Hawaii Fire Department. Page 20 Hawaii County Council -27 December 2, 2015 MS. EOFF: Thank you. I'll yield, if anyone else has questions. CHR KANUHA: Thank you, Ms. Eof£ Ms. Wille. MS. WILLE: Yeah, thank you for your efforts. This really is the Fire Department and the Administration's effort to bring this about. Unfortunately, this area is the victim of numerous fires that have been very harmful both to property and to land, to firemen who was recently very seriously injured, and that we really need to do as much as possible. Now, I see that this is a lease -type situation. I mean, I don't know whether it's leased to purchase, or—and maybe Lisa or one of you could come up? I just wonder, you know, this is a five-year lease. What are we—in five years we won't have eliminated all of the fires in this area, and just so we or the public better understand why do we lease this not buy it, not, you know, just the finance options. MR. ANDRADE: As far as the lease, it's a lease purchase. MS. WILLE: It is. Okay. MR. ANDRADE: Yeah, it's a lease purchase. So after five years, it'll be owned by the Hawaii Fire Department. MS. WILLE: Okay, that's what I wanted to find out. MR. ANDRADE: Okay. We don't have the funds right now to purchase it in its entirety, so we went with this option. MS. WILLE: Thank you, that was my—Lisa, did you want to add anything? Okay, thank you. CHR KANUHA: Okay. Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 348-15: The motion to adopt Res. 348-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. Page 21 Hawaii County Council -27 CHR KANUHA: Motion passes. Now Resolution 349 December 2, 2015 Res. 349-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE FIRE APPARATUS (FIRE TRUCK) FOR THE HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for a fire truck to replace the apparatus assigned to the Waikoloa Fire Station, at an approximate cost of $12,600 per month. Reference: Comm. 570 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 349-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff, any discussion? MS. EOFF: Thank you. Well, thank you for being here, and I understand this truck is 24 years old and had needed to be replaced for a while. So if you wanted to say anything further about it, otherwise— MR. ANDRADE: That is correct. The current fire apparatus we have at the Waikoloa Fire Station is 24 years old. So I know NFPA (National Fire Protection Association) standards calls for a replacement every 15 years. So it's long overdue. Thank you for your support. MS. EOFF: Thank you very much. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 349-15: The motion to adopt Res. 349-15 was carried by the Ado ted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. Page 22 Hawaii County Council -27 December 2, 2015 CHR KANUHA: Resolution 349 is adopted. Motion passes. Thank you. Happy Holidays to you, too. Okay, Mr. Clerk, back to the top of the agenda, Resolution 344. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 344-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR BASEBALL FIELD DUGOUTS AT KAMAKOA NUI PARK Transfers $20,000 from the Clerk -Council Services — Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Transfer to Capital Project Fund — G account. Reference: Comm. 565 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 344-15. Seconded by Ms. David. CHR KANUHA: Go right ahead, Ms. Wille. MS. WILLE: Yeah, so this is for Kamakoa Nui Park, which is affordable housing. Basically, the County's deal with the development was, you know, give us the land and then we do the rest. So without doing things like through contingency funds, there's really no park there. So I, last term and this term, trying to help out, and contribute to the various park infrastructure located that's in Waikoloa. So urge your support. CHR KANUHA: Thank you, Ms. Wille. Any other discussion, Council Members? Hearing or seeing none, all in favor say "aye." Vote on Res. 344-15: The motion to adopt Res. 344-15 was carried by the (Adopted): following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Resolution 345. Page 23 Hawaii County Council -27 December 2, 2015 Res. 345-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE PIPE GATES FOR THE PETTING ZOO AT THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers $4,000 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Parks and Recreation, Pana`ewa Zoo, Other Current Expenses account. Reference: Comm. 566 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 345-15. Seconded by Mr. Paleka. CHR KANUHA: Go right ahead, Mr. Chung. MR. CHUNG: Very briefly. You know, thisPana`ewa Zoo is in Mr. Onishi's district. It's not my district, but I was alerted to this situation. You know, they needed some money for gates. And you know, regardless of whether it's in Mr. Onishi's district or someone else's, you know, this park, the zoo, really serves the greater east side community, if not the entire island. It's a place where families come together in a real positive environment, and so anything I can do to help, you know, I'm more than happy to do. Plus, Mr. Onishi is running short on money. So much so that he's been trying to tap our monies, right? So I figure I may as well just take proactive steps and justI can talk about that kind of stuff because he's not here today. But anyway, I ask for your support. Thank you. CHR KANUHA: Thank you, Mr. Chung. Ms. Wille. MS. WILLE: Thank you, and I agree. I consider this zoo, it's the only zoo. We don't have a west side zoo, so this really is a county -wide asset. You know, I have been concerned in like, and I'm not sure I'm getting the wording correct, in the newspaper, saying that it's not certified or whatever thein terms of the zoo, accredited. And you know, I think that I feel a little bit of shame to have a zoo that's not accredited, and really that we should do whatever it takes to bring that facility up, even if Council Member Onishi has spent his money on other things somewhere, somehow. But anyway, thank you for being proactive on this. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 24 Hawaii County Council -27 Vote on Res. 345-15 (Adopted) The motion to adopt Res. 345-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Next item. December 2, 2015 Res. 346-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PA`AUILO COMMUNITY CHRISTMAS CELEBRATION Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 567 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 346-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, you know, creating healthy environments and investing in people and place is important. I think this is a great way to help communities, you know, reunite as well and celebrate. So I ask for your support. CHR KANUHA: Thank you, Ms. Poindexter. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I know there were comments regarding the testifier, and I just want to show my support in this contingency fund request because the Council Member knows the needs in their district. And I want to just mention that you are definitely in touch with your district, and you know best. I believe you decided that these allocation would be the greater good for your district. So I just want to show that support and voice that support out. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 25 Hawaii County Council -27 Vote on Res. 346-15 (Adopted) The motion to adopt Res. 346-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Resolution 347. December 2, 2015 Res. 347-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR "THE SPLENDOR OF CHRISTMAS," A CHRISTMAS CELEBRATION FOR THE SENIORS IN HAMAKUA Transfers $5,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Elderly Activities Division Other Current Expenses account. Reference: Comm. 568 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 347-15. Seconded by Ms. David. CHR KANUHA: Go right ahead, Ms. Poindexter. MS. POINDEXTER: Yeah, and again, this is about building and investing in people. This came about because I was visiting some of the senior living homes, and was talking with them about, you know Thanksgiving and Christmas, and some of them were going to be spending it alone. I wanted to go over there and bring something or do something, and I thought maybe other places that I've not visited yet were experiencing the same thing. That either they're a widow or just spending, not having family around. So I ask for your support on this. Thank you. CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 26 Hawaii County Council -27 Vote on Res. 347-15 (Adopted) The motion to adopt Res. 347-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. I think Resolution 350. December 2, 2015 Res. 350-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY (DPS), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO DONATE TWO COMPACTING TRAILERS TO THE STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY Two compacting trailers would be used by the DPS to provide the Kulani Correctional Facility in Hilo with the ability to compact and transport their own rubbish. Reference: Comm. 571 Intr. by: Ms. Eoff Waived: FC Motion to approve: Ms. Eoff moved to adopt Res. 350-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. Yes, this resolution is a donation from the County to Kulani Correctional Facility, and they will be able to compact and transport their own rubbish without using an external vendor. Within the resolution, the County will be indemnified so that we won't be liable. Thank you very much. CHR KANUHA: Thank you, Ms. Eoff Mr. Paleka. MR. PALEKA: I'm just going—want to lend my support to this. I see one of our individuals in the back. You work at Kulani Correctional Center? Could you come forward, please? I know I've seen you before. (Note: At this time Operations Superintendent for Kulani Correctional Facility Jerry Crivello came forward to address the members of the Council.) Page 27 Hawaii County Council -27 December 2, 2015 MR. CRIVELLO: Yeah, my name is Jerry Crivello. I'm the Operations Superintendent at Kulani Correctional Facility. MR. PALEKA: So these are greatly needed, I believe? MR. CRIVELLO: Absolutely. Yeah. We acquired a bunch of older trailers about 15 years ago, and they've exceeded their life span already. So upon reopening, the trailers were just in dire need of being replaced. So we've had a vendor, private vendor with roll -off containers, you know, with the tipping fees and hiring them to take our rubbish would cost us in excess of 2,200 bucks a month. So by doing it ourselves, it will run us about $600 a month. MR. PALEKA: Understanding the facility, Kulani, you know, they do haul their own water, they do haul their own stuff, so they have drivers up there. But thank you for doing what you do. Nice to see you again, Mr. Crivello, and I'm going to be supporting this, and I hope we have a unanimous vote on this. Thank you very much. MR. CRIVELLO: Thank you. Appreciate it. CHR KANUHA: Thank you, Mr. Paleka. Any other discussion, Council Members? Oh, Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I also remember Kevin Dayton used to be the Executive Assistant for the Mayor's Office. He was working with Mass Transit donating, I believe, a van. And now trailers are getting donated. I just want to ask, who was the point person in making this happen? MR. CRIVELLO: It was with Alex from accounting department. MR. ILAGAN: Oh, that's great. MR. CRIVELLO: She's the one I contact and see if she's got any old stuff that I can refurbish and use for our needs up at Kulani. MR. ILAGAN: Well, I appreciate you reaching out and making that contact. MR. CRIVELLO: Yeah, we appreciate the donation. MR. ILAGAN: And I want to say thank you to Alex, if she's listening out there, and I hope that, like Council Member Paleka said, I just want to show my support as well. Thank you. MR. CRIVELLO: Appreciate it. Thank you. Page 28 Hawaii County Council -27 December 2, 2015 CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 350-15: The motion to adopt Res. 350-15 was carried by the (Adopted): following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Thank you. MR. CRIVELLO: Thank you all. Have a Happy Holiday. CHR KANUHA: Happy Holidays. Mr. Clerk, Bills for Ordinances, Bill 115. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills ORDINANCES for Ordinances (First Reading). (FIRST READING): Bill 115: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO Amends Section 24-280 (No parking any time), by revising and repealing existing provisions and adding new provisions for portions of Alii Drive, Subsection (f), Kona. Reference: Comm. 547 Intr. by: Ms. Poindexter Approve: PWPRC-21 Vote on Bill 115: Ms. Poindexter moved to pass Bill 115 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 21. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. Page 29 Hawaii County Council -27 December 2, 2015 CHR KANUHA: Motion passes. Bill 118. Bill 118: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE REFUNDED Authorizes the issuance of general obligation refunding bonds, not to exceed $270,230,000, for the purpose of refinancing outstanding County debt in the form of bonds that were issued at higher interest rates. The bonds and obligations that would be refinanced are listed in the bill. Reference: Comm. 573 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 118 on first reading. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, Council Members. We did discuss this. We have to vote on it three times, so we're here in First Reading again. But this is expected to save the County over $12 million by refinancing our current bond debt at a lower interest rate. We have Mr. Okumoto and Lisa Miura here if you would like to come and help us understand this a little bit more or if Council Members have questions. (Note: At this time, Deputy Finance Director Lisa Miura and Treasurer Mike Okumoto came forward to address the members of the Council.) MS. MIURA: Good morning. Lisa Miura, Deputy Director, Finance Department. We're just here for your support today. Basically when we go out, we want to do what's best for the County and try and save the County some money. So, we want to refinance some of the older bonds. What we've included here is all of the current bonds that we have, but it has to make financial sense in order for it to do it. So we are focusing on three of them, the 2006, 2007, and 2008 right now. Page 30 Hawaii County Council -27 December 2, 2015 So the $270,230,000 number you see on here is the most we would do if we had to do all of them. And we're here to answer any questions you have. CHR KANUHA: Ms. Eoff, you still have the floor. MS. EOFF: I'll yield. CHR KANUHA: Mr. Paleka. MR. PALEKA: Hi. Good morning, Lisa. I would encourage supporting this, because I'm afraid interest rates are probably going to rise pretty soon. I mean that's what we're afraid, and I'm glad you guys are taking the effort to move forward. Is that part of the reason? MS. MIURA: We were looking at it from a little bit earlier, but we do anticipate it to go up a little bit in December. MR. PALEKA: Okay, thanks, Lisa. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Again, this is what, over how many years we're going to be recognizing these savings? About 10? MR. OKUMOTO: Mike Okumoto from Department of Finance. Each bond that's going to be refunded, it has its own term, yeah. So like 2006 would probably be like 10 years, and the 2007 would be 11. I'm not sure what the specific is, but it's not the whole 20 years, yeah. So just matching what was outstanding with new bonds with lower rates. MR. CHUNG: Okay, let's be straight here. You know, when we're dealing with something in the amount of $270 million, I felt compelled to ask something, right? But we read about it in the paper; we took a look at the paper work. I mean, this is like one plus one, right? I mean, we're saving $12 million. What more can we say? So of course I'm in support of it. Thank you. MS. MIURA: Thank you. CHR KANUHA: Thank you, Mr. Chung. Ms. Wille. MS. WILLE: Okay, I just wonder if this is a part of sort of a bigger package for you. Do we have other of these? I mean, can we save some more 12 million here and what do we need to get to that point? Page 31 Hawaii County Council -27 December 2, 2015 MR. OKUMOTO: Well first off, the $270 million is like everything thrown in. But like the 2010 and the 2013, we're not going to refund it looks like. 2010, there might be a few, but you know, right nowI don't want to get too technical, but there's like a sweet spot in refinancing, and we don't think we're in that sweet slot for those 2010 and 2013. MS. WILLE: Okay, thank you. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I know last time you guys did this in an earlier term and saved I'm not sure how much money but quite a lot. And I guess my only question really is I know that savings were put into the General Fund and then spread among the different departments and improved the services that is provided to the residents in the County. I just want to reach out to say definitely talk to us and we would like to use that savings in other areas of our district, and we would like to be part of this conversation. So I just wanted to bring that out because I know Real Property is definitely going to have an increase, and I'm hearing it from residents. And this is a separate subject that's currently on this agenda. But want to remind you that we're here. Talk to us. Let us know where we can allocate some funding and help out and be part of the discussion. CHR KANUHA: Thank you, Mr. Eagan. Council Members, any other discussion? Okay, hearing or seeing none, all in favor say "aye." Vote on Bill 118: The motion to pass Bill 118 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Next item, Mr. Clerk. I think it's Bill 110. ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 32 Hawaii County Council -27 December 2, 2015 Bill 110: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT WAIAKEA HOUSE LOTS SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:083 (Applicant: Nimr Tamimi) (Area: Approx. 22,000 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a 6,300 square foot building for the new location of Atebara Chips and Hawaii Island Gourmet, and tenant space for other businesses. Reference: Comm. 525 Intr. by: Mr. Eagan (B/R) First Reading: November 18, 2015 Vote on Bill 110: Mr. Eagan moved to pass Bill 110 on second and final (Adopted): reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Bill 113. Next item. Bill 113: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2016 Appropriates revenues in the Federal Grants — Hawai`i County Police Department (HCPD) Leica Scan Station account ($200,000); and appropriates the same to the HCPD Leica Scan Station account. Funds would be used by the Police Department to purchase a Leica Scan Station PS30, accessories, and training, which will reduce the time it takes to reopen a roadway after a fatality investigation and improve fatal motor vehicle collision reports. Reference: Comm. 544 Intr. by: Ms. Eoff First Reading: November 18, 2015 Page 33 Hawaii County Council -27 Vote on Bill 113 (Adopted): Ms. Eoff moved to pass Bill 113 on second and final reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. Bill 114. December 2, 2015 Bill 114: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants — Hawai`i County Police Department (HCPD) Traffic Investigation Program account ($8,700); and appropriates the same to the HCPD Traffic Investigation Program Grant account. Funds would be used with existing funds to increase the number of officers trained in traffic crash reconstruction, other traffic crash related courses, and additional funding for a Crash Data Retrieval Unit. Reference: Comm. 545 Intr. by: Ms. Eoff First Reading: November 18, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 114 on second and final reading. Seconded by Mr. Paleka CHR KANUHA: Any discussion, Ms. Eoff? MS. EOFF: No. Thank you, Council Members, for your support. I just urge support on second reading. Thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 34 Hawaii County Council -27 Vote on Bill 114 (Adopted) REPORTS RFFFRR AT C FOR EXECUTIVE SESSION: OTHER BUSINESS: ANNOUNCE- MENTS: December 2, 2015 The motion to pass Bill 114 on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. CHR KANUHA: Motion passes. The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) The Chair directed the Council to proceed to the next order of business, Referrals for Executive Session. (There were none.) The Chair directed the Council to proceed to the next order of business, Other Business. (There was none.) The Chair directed the Council to proceed to the next order of business, Announcements. CHR KANUHA: Motion passes. I think we've got all the—before I ask for a motion to adjourn. Just the point that we do have our 1:00 Special Meeting of the Council to discuss the Dengue Fever. I just want to welcome, you know, Senator Green in the audience. Thank you for coming early, and we will see you and talk with you when we open up the Special Meeting of the Council at 1:00. So those people that are online, we will be back online at 1:00 p.m. Okay, may I have a motion to adjourn? Page 35 Hawaii County Council -27 December 2, 2015 ADJOURN- There being no further business, at 10:56 a.m., the Mr. Paleka moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha - 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. Council Approval: January 6, 2016 SM/dg/ja Page 36 ,t PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL COUNTY OF HAWAII HILO, HAWAII Date: J . - - /=s (Please print clearly) Please list item(s) per topic heading: Comm. No. Resolution No. 3 4a - /S Bill No. Name: Representing: &# 41A iia A: LC- Q (Please indicate whether Self or Organization) ✓Support — Oppose ;/comment Report No. *************************FOR OFFICIAL USE ONLY************************* l VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports VC -Waimea ✓ Resolutions Executive Session VC-Pahoa First Reading Other Business Revised:, September 2011 PUBLIC STATEMENT REGISTRATION FORM HAWAII COUNTY COUNCIL COUNTY OF HAWAII HILO-KONA, HAWAII Date: �S (Please print clearly) _ Support ppose Arl _ Comment Please list items) per topic heading Comm. No. Resolution No. 3 ' �� Bill No. Report No. Name: �vh r-7 %7FC 4 C,S'�-J Representing: Lk_ (Please indicate whether Self or Organization) *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) VC -Kona VC -Waimea VC-Pahoa VC -Hawaiian Ocean View Revised: December 2012 Statement Sequence: --communications V Resolutions First Reading Second Reading Reports Executive Session Other Business PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL COUNTY OF HAWAII HILO, HAWAII Date: "�i� (Please print clearly) Please list item(s) per topic heading VTR as.9-1 Comm. No. Name 334-9S Resolution No. 33 $'/s Bill No. Report No. 0 xbe+-� sk'P0"+ - Representing: (Please indicate whether Self or Organization) Support Oppose Comment *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona . Communications Reports VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business Revised: September 2011 PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL COUNTY OF HAWAII _ HILO, HAWAII Date: 12 .�j (Please print clearly) /.Support Oppose Comment Please list item(s) per topic heading: Comm. No. Resolution No. Bill No. Report No. Name: Representing: (Please indicate whether Self or Organization) *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports y VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business Revised: September 2011 GO J PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL COUNTY OF HAWAII HILO, HAWAII Date: 1,10 1 (Please print clearly) Please list item(s�per topic heading: Comm. No. Resolution No3 Z_ (,,:2) Bill No. _ c�� Name: obi Representing 0"'C. In s Support Oppose — Comment Report No. (Please indicate whether Self or Organization) *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business Revised:, September 2011 PUBLIC STATEMENT REGISTRATION FORM COUNTY COUNCIL COUNTY OF HAWAII HILO, IIAWAPI Date: -2-01 (Please print clearly) Support Oppose Comment Please list item(s)per topic headijW: .Comm. No. Resolution No. Bill Nol?�'15P a ort No. SGd'�V 3, , Name: '� �� t K, �� Representing: V_ f (Please indicate whether Self or Organization) *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business Revised:, September 2011 M PUBLIC STATEMENT REGISTRATION FORM HAWAII COUNTY COUNCIL COUNTY OF HAWAII �°- HILO-KONA, HAWAII Date: DEC- 2-0 1 (Please print clearly) Support _ Oppose 31(P - (5 - - Comment Please list items) per topic headinz 3S13r 6 3 H � — ) S Comm. No. Resolution No. 3 ') C Bill No. Report No. Name: �_S 10 4'i Ple'rLei Representing: r X f V/ T 7,t5_ (Please indicate whether Self or Organization) 5 --EZ bR/T *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business VC -Hawaiian Ocean View Revised: December 2012 PUBLIC STATEMENT REGISTRA'T'ION FORM COUNTY COUNCIL COUNTY OF HAWAII HILO, HAWAII Dat I Z�s� (Please print clearly) Please list item(s�per topic heading -2,0-1 Comm. No. Name Resolution No. 3'39 Bill No. I Representing: OR� v (Please indicate whether Self or Organization) _Support _/ Oppose Comment Report No. *************************FOR OFFICIAL USE ONLY************************* VC -Hilo (Speaker Number) Statement Sequence: Second Reading VC -Kona Communications Reports VC -Waimea Resolutions Executive Session VC-Pahoa First Reading Other Business Revised:, 5e tember 2011