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HomeMy WebLinkAboutMIN COUNCIL 2015/07/01 2014-2016HAWAII COUNTY COUNCIL 171h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 1, 2015 INVOCATION: Pastor Charles Kama of New Hope Hilo, gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: at 9:07 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. Dennis "Fresh" Onishi, Member Mr. Danny Paleka, Member Absent & Excused: Ms. Margaret Wille, Member MR. HENRICKS: Mr. Chair, you have eight members present. CHR KANUHA: Thank you. And just for the public's information, or Council Members information, Ms. Wille submitted a memo of absence today. She's requesting to be excused for the meetings today. She will be on Oahu for the transient accommodations tax working group meeting, and a portion of the 2015 Hawaii Thought Leaders public infrastructure meeting. So she will be excused for today's meeting. MR. ONISHL Mr. Chair? CHR KANUHA: Yes. MR. ONISHL I didn't want to bring this up, but every time when I have an excuse she always brings up, "Oh, what happen to Mr. Onishi, how come he went to this and that." I mean, I don't know why Council Members need to worry. Main thing we have an excuse and you approve it, it's okay, right. So why she has to be intense? So I'm going to bring this up, because of what she does to me. And I look at the working group for the TAT (Transient Accommodations Tax). Hawaii County Council -17 July 1, 2015 I don't think she's even on the working group. We have only one representative which is, I think it's from Finance. So I don't see why she needs to be there, because what I'm worried about, she might—maybe we might lose it, because maybe things she might say. Because she so demanding that she feels that we deserve the TAT. Which we do, and I don't disagree with her on that. But the problem is, the Legislators they're the ones that make the final decision, right? And that's where I'm worried that things could go the wrong way, right? And so you have to watch what you say to them, because as I had mentioned before, look at our HSAC (Hawai`i State Association of Counties) packages. Like this pass session we were zero for six, right? And so to me it's what they want right, and if you look at what the State is also doing at their budget, like I was just up there on Monday. They're asking for a 10 percent cut in each department. Okay, so if they're looking at trying to see how they're going to balance their budget, you think they care about us, right, and how much of amount TAT that they going to give us, right? And so I just wanted to say that. And like I said earlier, she's not even on the working group, right? We have someone from Finance, so what is she going to be there? To testify only, basically, right, okay, and that's it. And then this working group still got to make the report to the Legislators. So it's not like this is going to be concrete where if they agree we going have like say the 44.8 percent to the counties, this is what we're going to get, right? So to me, this doesn't make sense. But I just wanted to bring it up, because she always talks about when I'm not here, so I need to make that public. Because then, we need to be fair. Thank you. CHR KANUHA: Thank you, Mr. Onishi. And I think it would be a good time to bring it up, when she does come back here as well to explain why she went. Okay. Moving on Mr. Clerk, I think we have the Pledge of Allegiance. Ms. Eoff, may you lead us in the Pledge of Allegiance, please. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Council Members Ragan and Paleka presented EXPRESSIONS OF Certificates of Merit to 17 Neighborhood Watch Area Coordinators.) CONDOLENCE: Page 2 Hawaii County Council -17 July 1, 2015 Recess: At 9:30 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:32 a.m. STATEMENTS The 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 Chair: Richard Dinges: Comm. 343, comment. Marcia May: Bill 47, Draft 2 (Comm. 283.4), in support. Veronica Lani Eugenio: Res. 207-15 (Comm. 346), in support. CHR KANUHA: Mahalo for your testimony. Okay, I think you might have been the last testifier, but I'll ask the outlying sites as well as here in Hilo if there's anybody else wishing to testify. Okay, hearing or seeing none, I will close Public Testimony, and move on with our agenda. APPROVAL OF The Chair directed the Council to proceed to the next order of business, Approval of MINUTES: Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR KANUHA: I think we had Mr. Eagan asked if we could take Bill 47, Draft 2, out of order. Mr. Clerk, Bill 47, Draft 2, please. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following item was taken out of order: Page 3 Hawaii County Council -17 July 1, 2015 Bill 47 AMENDS CHAPTER 14, ARTICLE 11, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NEIGHBORHOOD WATCH SIGNS Revises the process to request, purchase, construct, and install neighborhood watch signs at approved locations. Reference: Comm. 283.4 Intr. by: Mr. Eagan First Reading: June 16, 2015 Motion to Approve: Mr. Eagan moved to pass Bill 47, Draft 2, on second and final reading. Seconded by Mr. Paleka. CHR KANUHA: Go right ahead, Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I just wanted to thank the Council Members, because your support made this happen. And I remember when I first introduced this, you had some questions and those questions spurred to me researching if we could work them out. And I really appreciate the support that you provided, because this was an issue when I gave money to the neighborhood watches and CERT (Community Emergency Response Team). And we ran into a problem where we couldn't purchase neighborhood watch signs, and install it on private property open to the public. And your concerns brought up some questions that I wasn't even thinking of, and so I did my research, and through our rehashing in the committees, the final version of that bill allows us to purchase those neighborhood watch signs, and have the association or a different entity install them. And I really appreciate the support, because you helped address an issue that is very real in the Puna area. We have a lot of private properties and private associations, where there's not many county roads. So I just want to thank you for that, and your continued support. I also want to thank all the neighborhood watches, because—oh one more thing, you also supported the budget in adding a line item for $15,000 for neighborhood watches all across the island. So there is—not only does this bill allow for the purchases of those signs and make sure there is a guideline for that, but you also supported $15,000 for neighborhood watch signs all across island -wide. And that's great for the longevity of neighborhood watches, so I just want to say thank you for that support also. To the neighborhood watches I just want to say thanks for always being there, and I hope that we can provide the equipment, and the tools to make you successful; and by you being successful the community is a safer place. So I just want toI feel like you being here while this bill passes for its final reading is a great meaning for me, and I'm glad we were here from the beginning, and now we're Page 4 Hawaii County Council -17 July 1, 2015 here in the end. And it was a great journey, and I honestly thought this was going to be an easy fix, but it took longer than expected. So thank you, for being patient. Aloha. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion Council Members? Mr. Paleka. MR. PALEKA: I also would like to thank our neighborhood watch representatives, especially being represented this morning. But also echoing my colleges support for Bill 47 that does create the mechanism for having the signs and equipment that can be made available to our neighborhood watch, who are so important to the safety of our neighborhoods and continueI'd really want to pledge my support, my continued support to help in any way I can in moving forward. It's just one of the steps that we want to take, and I just thank you very much for serving. Mahalo. CHR KANUHA: Thank you. Mr. Onishi. MR. ONISHL Yeah, I just wanted to mention that it's really great to have the $15,000 in that account, because coming in 2008-2009 I had whatever left over was from the previous Council Member. But after that we lost our contingency funds, so we could never provide the size that the neighborhood watches wanted, because what I understand the Prosecutor's were the ones that got the grant, and then they purchased all the signs, they put even the magnetic signs for the cars, radios, and they got you guys t -shirts, and so forth. But then all that dried up, and we could never replace that already, until now where we got the $15,000 so that's great. And then we got our contingency funds back again, so now we can help you guys out more if you folks need too. But that's great, because every district has neighborhood watches, and they're to me always the eyes and ears for the Police Department. And that's why I was always in favor of having them stay with the Police Department, instead of going with the Civil Defense. And you guys do a great job, and I know around the whole district's island, that all these neighborhood watches do great. Thank you, very much. CHR KANUHA: Thank you, Mr. Onishi. Any other discussion Council Members? Okay, hearing or seeing none, all in favor of adopting Bill 47 Draft 2 say "aye." Page 5 Hawaii County Council -17 Vote on Bill 47: Draft 2 (Adopted) Return to Order Of Business: ORDER OF RESOLUTIONS Res. 203-15 July 1, 2015 The motion to pass Bill 47, Draft 2, on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. Noes: None. Absent: Council Member Wille –1. Excused: None. CHR KANUHA: Motion passes. Congratulations. Okay Mr. Clerk, can we move to the top of the agenda please. The Chair directed the Council to return to the order of business. The Chair directed the Council to proceed to the next order of business, Order of Resolutions. TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO- HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE 2015 LAUPAHOEHOE HEALTH AND SAFETY FAIR Transfers/appropriates $3,000 out and from the Clerk -Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Hilo- Hamakua Community Development Corporation). Reference: Comm. 337 Intr. by: Ms. Poindexter Postponed: June 16, 2015 (Note: There is a pending motion by Ms. Poindexter and duly seconded by Ms. David to approve Res. 203-15.) CHR KANUHA: Thank you, Mr. Clerk. Being that there's a motion on the floor already, Ms. Poindexter, go right ahead. MS. POINDEXTER: Yeah, I'd just like to say that the Laupahoehoe Health and Safety Fair will be held on August 29, and this is to help them—it's focusing on healthy lifestyle choices, which fits perfectly into our Blue Zones projects that we're currently working on. And we were so fortunate that the UH Dan Inouye Page 6 Hawaii County Council -17 July 1, 2015 College of Pharmacy agreed to partner with us, along with the UH Hilo School of Nursing, our Civil Defense, and Parks and Recreation. So some of the events that they will include like a color run, physical activity, swimming activities at are pool, healthy food demonstrations, and disaster preparedness presentations. So I'm sure we're going to be in contact with you, because of the neighborhood watch. And they have been in contact with you, with that. Okay, thank you. Yes. Thank you, so I know that would be a big part of it, because it's all about health and safety. So I ask for your support with this. So thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 203-15: The motion to adopt Res. 203-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Resolution 206. Res. 206-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAI I Agreement would allow the County to request that the Office of the Auditor provide assistance to conduct an audit of the schedule of employer allocations of the Employees' Retirement System. Reference: Comm. 345 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 206-15. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I just urge your support. This was asked to be waived from my committee in order to obtain the information for the County's 2015 Financial Statements. Page 7 Hawaii County Council -17 July 1, 2015 CHR KANUHA: Thank you, Ms. Eoff Any other discussion Council Members? Okay, hearing or seeing none, all in favor say "aye." Vote on Res. 206-15: The motion to adopt Res. 206-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. Noes: None. Absent: Council Member Wille –1. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 207-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE NORTH KOHALA REUNION Transfers/appropriates $5,000 out and from the Clerk -Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (North Kohala Community Resource Center). Reference: Comm. 346 Intr. by: Ms. Wille Motion to Approve: Mr. Onishi moved to adopt Res. 207-15. Seconded by Mr. Paleka. CHR KANUHA: Is there any discussion Council Members? Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Was there any request by Council Member, Wille on what she wanted to do? Did she want to move it forward or CHR KANUHA: I did not get a memo about this resolution. I got memos about committee meetings, but can—maybe ask Ms. Poindexter, she has any insight into this. MR. ILAGAN: I'll yield. CHR KANUHA: Ms. Poindexter. Page 8 Hawaii County Council -17 Vote on Res. 207-15 (Adopted) ORDER OF TT -TF n A V (SECOND OR FINAL READING): July 1, 2015 MS. POINDEXTER: Yes. Council Member Wille asked if this could be put through. So she did call me, and notify me that she would not be here. And if we could support this to get through. CHR KANUHA: Okay. Thank you, Ms. Poindexter, for the clarification. Is there any other discussion? Ms. Poindexter. MS. POINDEXTER: Yeah, I just want to just say, I know I heard testimony this morning, and I definitely want to acknowledge the concerns. To let her know that her voice is heard, and I myself will take it on myself to talk with Council Member Wille, on the concerns of her constituency. So thank you. CHR KANUHA: Thank you. Any other discussion? Hearing—oh Mr. Paleka. MR. PALEKA: I'm certainly going to support this for our na ohana in North Kohala reunion. Seems like, I just returned from my family reunion. So in the same spirit, I would definitely want to seek my colleague's support in providing a venue for the North Kohala community to have this reunion. So I'm definitely asking and seeking your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." The motion to adopt Res. 207-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. Noes: None. Absent: Council Member Wille –1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk Bill 52. The Chair directed the Council to proceed to the next order of business, Order of the Day (Second and Final Reading). (Note: Bill 147, Draft 2, was taken up previously, out of order.) Page 9 Hawaii County Council -17 July 1, 2015 Bill 52: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008 (Applicant: Waiemi LLQ (Area: Approx. 3 acres) Reference: Comm. 308 Intr. by: Mr. Eagan (B/R) First Reading: June 16, 2015 ; and Bill 53: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL — ONE AND ONE-HALF ACRE (RA -1.5a) AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008 (ADDlicant: Waiemi LLC) (Area: ADDrox. 3 acres) The Leeward Planning Commission forwards its favorable recommendation for the amendments to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to construct a single-family dwelling on the newly created lot to be used as a rental by the applicant's family or non -family tenants. Reference: Comm. 308 Intr. by: Mr. Eagan (B/R) First Reading: June 16, 2015 Vote on Bill 52: Mr. Eagan moved to pass Bill 52 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk did you read in Bill 53? Okay. Mr. Eagan may I have a motion to approve Bill 53. Page 10 Hawaii County Council -17 Vote on Bill 53: Mr. Eagan moved to pass Bill 53 on second and final (Adopted) reading. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: Motion passes. Mr. Onishi. July 1, 2015 MR. ONISHL Mr. Chair, can I make a motion to suspend our reconsideration rule for Resolution 207-15, and also maybe 205-15? CHR KANUHA: 205 or 203? MR. ONISHI: I'm sorry 203. Vote on Motion to Mr. Onishi moved to suspend Council Rule 15 to waive the Suspend Council 5 -day holdover for reconsideration of Res. 203-15. Rules: Seconded by Ms. Poindexter and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: Motion passes. Okay, Mr. Onishi. Page 11 Hawaii County Council -17 July 1, 2015 Vote on Motion to Mr. Onishi moved to suspend Council Rule 15 to waive the Suspend Council 5 -day holdover for reconsideration of Res. 207-15. Rules: Seconded by Mr. Paleka and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: Motion passes. Okay. Mr. Clerk, Communication 343. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS The Chair directed the Council to proceed to the next order of business, FOR EXECUTIVE Referrals for Executive Session. SESSION: Comm. 343: ED MUEGGE VS. COUNTY OF HAWAII; CIVIL NO. 14-00002 LEK-RLP From Deputy Corporation Counsel Melody Parker, dated June 3, 2015, requesting an attorney-client confidential discussion to consult with the Council a possible settlement regarding the above -entitled matter, a lawsuit filed on January 2, 2014, alleging violations of the Americans with Disabilities Act. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, Mr. Chair. I'd like to move to convene into Executive Session regarding Communication 343 Pursuant to Section 92-5(a)(4) for the purpose of consulting with our attorney. Page 12 Hawaii County Council -17 Vote on Motion to Enter into Executive Session: (Approved) Recess: Reconvene: July 1, 2015 Ms. Eoff moved to enter into Executive Session in order to hold attorney-client privilege discussion regarding Comm. 343 as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Second by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille —1. Excused: None. CHR KANUHA: We are now going to go into Executive Session. At 10:10 a.m. the Chair called for a recess to allow the Clerk to clear the room. The meeting reconvened at 11:15 a.m. CHR KANUHA: Okay, thank you. We are out of Executive Session. May I have a motion to concur with the recommendations of Corporation Counsel in settling this case? Motion to Concur: Ms. Poindexter moved to concur with the recommendation of Corporation Counsel regarding Comm. 343. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, and Chair Kanuha — 7 Noes: Council Member Paleka —1. Absent: Council Member Wille —1. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) Page 13 Ilawai`i County Council -17 July 1, 2015 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. KANUHA: Thank you. May I have a motion to adjourn? ADJOURN- There being no other business at 1124 a.m., Mr. Onishi moved to adjourn the MENT: meeting. Seconded by Mr. (lagan and carried by the following voice vote: Ayes: Council Members Chung, David, Leff, Itagan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: None. Absent: Council Member Wille— I. Fxcused: None. CHR KANUHA: We are adjourned. Council Approval: JUL 0 7 2016 9�11" COU Y CLERK SM/rk Page 14