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HomeMy WebLinkAboutMIN COUNCIL 2016/02/17 2014-2016HAWAII COUNTY COUNCIL 33rd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 17, 2016 INVOCATION: Pastor Dean Stanley of Kona Baptist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie Poindexter, Vice Chair Mr. Aaron Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member (via video conference from Hilo) Mr. Dennis "Fresh" Onishi, Member (via video conference from Hilo) Mr. Danny Paleka, Member (via video conference from Hilo) Ms. Margaret Wille, Member CHR KANUHA: For the record and for the public's knowledge, Mr. Eagan, Mr. Onishi, and Mr. Paleka have written memos saying that they will be in Hilo today for the Council session. Mr. Eagan, Mr. Onishi, and Mr. Paleka all have community meetings this evening, so it's easier to transition to those community meetings from Hilo. So, they will be joining us in the Hilo Chambers. Ms. Wille, would you give us the honor in leading 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. Wille led the Council in the Pledge of Allegiance.) CHR KANUHA: Mahalo, Ms. Wille. I don't see any certificates being presented today. So, we will move on with the agenda. Hawaii County Council -33 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONT OI TNCF: STATEMENTS Fu nN r THF PUBLIC ON AGENDA ITEMS February 17, 2016 The Chair directed the Council to the next order of business, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. (There were none.) 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: Barbara Bell: Brenda Ho: (representing Hospice of Hilo) Hauoli Freeman: (representing Keaukaha School Pre -Kindergarten) Toby Hazel: Rene Siracusa: (representing Malama O Puna) Res. 396-16 (Comm. 668), in support. Res. 387-16 (Comm. 656), in support. Res. 391-16 (Comm. 660), in support. Res. 382-16 (Comm. 649); Res. 383-16 (Comm. 650); Res. 384-16 (Comm. 651); Res. 387-16 (Comm. 656); Res. 388-16 (Comm. 657); Res. 390-16 (Comm. 659); and Res. 396-16 (Comm. 668), in opposition. Res. 396-16 (Comm. 668), in support. Annette McComber: Res. 391-16 (Comm. 660), in support. (representing Keaukaha Preschool) Jeremy McComber: Res. 391-16 (Comm. 660), in support. Page 2 Hawaii County Council -33 APPROVAL OF MINUTES February 17, 2016 Joe Pierce: Res. 376-16 (Comm. 639); Res. 379-16 (Comm. 644); Res. 385-16 (Comm. 653); Res. 387-16 (Comm. 656); Res. 389-16 (Comm. 658); PSTMC-10 (Comm. 629); PSMTC-13 (Comm. 631); and EMC -3 (comm. 642), comment. Heidi Teves: Res. 389-16 (Comm. 658), in support. (representing Kealakehe Project Grad) CHR KANUHA: Mahalo for your testimony. Okay, seeing or hearing no other testifiers at this time, I will close public testimony and move on with the agenda, Approval of Minutes. The Chair directed the Council to proceed to the next order of business, Approval of Minutes. Motion to Approve: Ms. Poindexter moved to approve the Minutes of January 23, 2015, February 18, 2015, and April 1, 2015. Seconded by Ms. David. Vote on Motion to Approve Minutes (Approved) CHR KANUHA: Council Members, is there any discussion on the motion? Hearing or seeing none, all in favor say "aye." The motion to approve the minutes of January 23, 2015, February 18, 2015, and April 1, 2015, was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: I know there are testifiers in the audience, so we'll take a few items out of order. We'll start with Resolution 391, Mr. Clerk. Page 3 Hawaii County Council -33 February 17, 2016 Change Order of As directed by the Chair and with no objection from the Council Members, the Business: following items were taken out of order: Res. 391-16: 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 KEAUKAHA COMMUNITY ASSOCIATION FOR THE KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL PROGRAM Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 660 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 391-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi, go right ahead. MR. ONISHL I am just asking for my colleagues support. I always supported our youth, our young children, our keiki in our communities. So, this is really going to help them out. Thank you. CHR KANUHA: Thank you, Mr. Onishi, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 391-16: The motion to adopt Res. 391-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Mr. Clerk, we'll do Resolution 379, please. Page 4 Hawaii County Council -33 February 17, 2016 Res. 379-16: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE PEOPLE'S ADVOCACY FOR TRAILS HAWAIII (PATH) Funds in the amount of $250,000 would be used by PATH to develop, implement, and manage the Bike Share pilot program. Motion to Approve Vote on Res. 379-16 (Adopted) Reference: Comm. 644 Intr. by: Ms. Eoff Approve: FC -48 Ms. Eoff moved to adopt Res. 379-16 and Finance Report No. 48. Seconded by Ms. David. CHR KANUHA: Ms. Eoff, any discussion? Council Members, any discussion on this resolution? Hearing or seeing none, all in favor say "aye." The motion to adopt Res. 379-16 and adopt Finance Report No. 48 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: I think there is a bill associated with that so, Bill 137. Bill 137: 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 Fund Balance from Previous Year account ($250,000); and appropriates the same to the Bicycle Education Program account. Funds would be used by the Department of Research and Development for its Bike Share pilot project. Reference: Comm. 643 Intr. by: Ms. Eoff Approve: FC -49 Motion to Approve: Ms. Eoff moved to pass Bill 137 on first reading and adopt Finance Report No. 49. Seconded by Ms. David. MS. EOFF: Mr. Chair, I see Ms. Tina Clothier here. I am not sure if she wanted to speak on this. Page 5 Hawaii County Council -33 February 17, 2016 CHR KANUHA: Council Members, we have Ms. Clothier here from PATH (Peoples Advocacy for Trails Hawai`i), if there's any more questions. I know we've discussed this previously, but we do have her here if there's any more discussion on this item. MS. WILLE: I have a quick question. CHR KANUHA: Okay, I have Ms. Wille and then I'll go back to you, Mr. Eagan. MR. ILAGAN: I just wanted to point out that Director Inaba is also in the Hilo Chambers. CHR KANUHA: Oh. Okay, thank you, Mr. Eagan. Ms. Wille. MS. WILLE: Okay, yeah, if you would just introduce yourself. (Note: At this time, Executive Director of PATH Tina Clothier came forward to address the members of the Council.) MS. CLOTHIER: Good morning, Chair Kanuha. Good morning, Council Members, my name is Tina Clothier. I am the Executive Director of PATH. PATH is Peoples Advocacy for Trails Hawaii. MS. WILLE: Okay. I think this is a great program. I know, I sort of studied it and how it's being worked in other places in the country. The one thing I think, this is good short-term, but we also have to look at this in terms of the long-term, in terms of a multimodal transportation plan. I'm not quite sure where it's at, but we put money for having consultants here for Mass Transit and I really hope that once we do get that consultant, that we work and that they include you and all of you in their conversations. And how do we work whether it's for the buses and where the connectivity with bicycles and other means. I know in Palo Alto you've got at each train station, you've got bike pods with storage units. You need to really think about how we get the different hubs, and multi -modal in, and see what grants we can get. I see it going on in other states and we are so poised to that, given our weather here. I think we really need to make sure this is part of that bigger conversation. I encourage you, and let's see what we can do here and how it works, and how we can move towards something that we're trying to decrease. Everybody's automobiles can get people to where Mass Transit is regular, dependable, and they can get from where the Mass Transit ends to where they are going. You know, without it being oh, I'm stuck and have to take my car and can't get from so and so, and the bus station in Hilo to where I Page 6 Hawaii County Council -33 February 17, 2016 am going to in Waimea or Kona. So, I'm just encouraging you to be aggressive on that or if you have any comments, go right ahead. MS. CLOTHIER: Hi. Thank you so much for your comments. And actually your comments on how bike share fits into transit sparked a lot of conversation between myself and the team and the Department of Research and Development. And we have plans to actually meet with Hawaii County Transit and talk about how we might partner—is there an opportunity for people who have purchased, you know, transportation on the bus to have free use of the bikes once they arrive in their location. Obviously, this is a pilot provision. But we envision and I really do want to applaud the Council, the County, especially the Department of Research and Development, for their future thinking about this and how this might and should be. And, ultimately, it will be a tool to reduce traffic congestion to improve connectivity between our communities and, obviously, improve the health of our residents. So, another conversation we are having is the possibility of a partnership with hop on hop off bus, when bike share is eventually implemented in Hilo. We were talking with the aloha greeters and there is a variety of different partnerships that we can instigate. And I really do appreciate your thinking about the Mass Transit because this is one of the main reasons to institute bike share. Thank you. MS. WILLE: I think it will really contribute to tourism, as well. I meet some of the Japanese tourists that were here in Waimea and it's like, "Well, we get here and then where do we go. We take a picture of the mountain or something and then how do we get out of where it's just going in the bike tour. If we can take a bus, whether it's bicycles and whether they are motorized or not motorized." But just sort of opening that area up to people and actually have some routes. You know, if we had where the pods are a map showing if you live there, and it's not something you're going to, here is where we recommend and here is what we do. So, thank you very much. MS. CLOTHIER: Thank you. CHR KANUHA: Thank you, Ms. Wille, Council Members, any other discussion? Go right ahead, Mr. Onishi. MR. ONISHL Okay, thanks. Tina or Ms. Inaba, if you can come up. My question is, and I don't know or maybe you can refresh my memory, is the liability part? (Note: At this time, Director of Research and Development Kawehi Inaba came forward to address the members of the Council.) Page 7 Hawaii County Council -33 February 17, 2016 MS. INABA: Thank you very much for that question. We have researched that with regard to insurance and have also had further discussion. MR. ONISHL Maybe you can introduce yourself MS. INABA: Oh, so sorry. Kawehi Inaba, Director of Research and Development. Sorry about that. PATH (People's Advocacy for Trails Hawaii) also had additional conversation with Ron Thiel over at DPWA (Department of Public Works) in the various things we do to create safety measures in creating shoulders, and so forth. So what I would like to do is turn this over to Tina. I think she has some stats and some information, as we were prepared to answer this. CHR. ONISHL Okay, thank you. (Note: At this time, Executive Director for PATH Tina Clothier came forward to address the members of the Council.) MS. CLOTHIER: Aloha, Councilman Onishi. I would just like to clarifyI'm so sorry. Excuse me, my name is Tina Clothier. I am the Executive Director for PATH. I wanted to clarify your question was one of liability, was that liability insurance or liability in terms of where the users would actually use the bikes? MR. ONISHL Yes. MS. CLOTHIER: Okay. So in terms of liability insurance, we are currently researching several different policies. PATH currently has general liability insurance, and property insurance, and directors and officers insurance. And it's our intention to have that insurance separate for the bike share program. Right now what we're finding through the different bike share programs across the nation, is that insurance runs anywhere from $1.60 a bike to $2.50 a bike that includes property insurance and most of that is really dependent on the size of the operation. So we are working with our insurance broker, David Gurlack, from insurance associates, to find the very best policy that's going to give us the broadest and most comprehensive coverage. We anticipate that our costs are going to be anywhere from $2,500 a year to $5,000 a year depending on, again, the value of the equipment and obviously it will increase as more bikes are added. It's really interesting what we found out. It's been in the last six years that bike share insurance policies have actually come to the forefront and as more bike share programs are introduced in different cities and counties around the country, this is becoming a very competitive market. So, we are definitely excited about getting the very best coverage we can. Page 8 Hawaii County Council -33 February 17, 2016 MR. ONISHL So Tina, my question is would the person who's renting the bike be paying a portion? You know like how you rent a car, you pay for your collision and you pay all this different—and you can waive it, but then the person who rents the car will be responsible for whatever damages happen. Would that be the same way that this bike share will be? MS. CLOTHIER: Well, certainly, part of the cost of the rental does go to cover the cost of insurance. Sorry, Councilman Onishi, I can't see you so I will just speak to the microphone if that's alright. The cost of insurance will go to offset the cost of the insurance. When someone signs up to use bike share, they actually do electronically sign off on a waiver. They do agree, to being responsible for their own self on the bike, while using the bike. We do advise that they wear a helmet and they sign a waiver of liability before they are even able to check the bike out of the docking port. MR. ONISHL Okay, does the County fall into any liability? MS. CLOTHIER: The way this program will be set up, should it be approved is that the County, because they are not owning and operating the program itself and the equipment, the liability will fall to PATH. MR. ONISHL Okay, you know, the County sometimes is the deep pocket, right? So you are going to have lawyers out there because the County provided for this program. They are maybe 10 percent liable and the suit might be $10 million, so then the County pays the 10 percent of that expense. So, Kawehi, do you have something to say? (Note: At this time, Director of Research and Development Kawehi Inaba came forward to address the members of the Council.) MS. INABA: Yes. The County will probably always assume some sort of risk as it would for anything operated on County property. Whether it be an avocado falling off a tree and hitting someone in the head or somebody utilizing a bike that the County supported at its earlier stages. We did speak with Scott Knowles over at Risk Management. And he did say that unless the County had something specifically to do with an accident having to do with the bike, majority of the risk would fall on the owner/operator of the program. So, I guess it would depend upon what that accident is and how and if the County has anything to do with that, which is why we are looking at the highest limits of liability insurance also, so. MR. ONISHL So PATH would be the ones paying for that insurance with that highest level of coverage? Page 9 Hawaii County Council -33 February 17, 2016 MS. INABA: Correct; which is one of the reasons that we are going to turn this entire program over to PATH, because it really does limit the amount of liability placed on the County. It's not a County program. The County will have initiated and started this but it's going to be owned and operated by PATH. So, they will assume the majority of the risk. MR. ONISHL So now, if, you know, say something happens and now PATH, because of a lawsuit goes bankrupt, now what happens? MS. INABA: Gosh, I'm not sure. I don't think we thought about that and I think it all boils back down to limits of liability for insurance. I'm sorry; I don't have an answer for that. MR. ONISHL Maybe Corp Counsel, Mr. Kim or is Molly there, in Kona? CHR KANUHA: Sure, Mr. Onishi. We have Ms. Stebbins here, in Kona, if you need an answer for the possibilities of lawsuits. MR. ONISHL Yes because the thing is, the County is providing the funding for these programs like any other, you know, let's say parks and recreation program. The County is self-insured. So if there is anything that happens at a gym, say there was water on the floor, the employee didn't wipe it up, somebody slips and falls, the County is liable right? And so in this case, you know, like knowing how some attorneys think, they could find some loophole where the County could be liable for that injury or that incident. So Molly, would you have any opinions or comments on my question? (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha, Council Members. Molly Stebbins, Corporation Council. Council Member Onishi, I'm not entirely sure what your question is. But it does sound, in listening to Ms. Inaba, described the process they went through and in thinking through this whole program, they did talk with our risk manager, Scott Knowles. And it sounds like the risk were pretty thoroughly considered and I don't have large concerns about liability. So, I don't know if you have a specific question. MR. ONISHL Okay. My specific question would be that if PATH does not have enough coverage for say, an injury or a lawsuit and say they have to, you know, claim bankruptcy; will the County be responsible or who is going to be responsible after that? MS. STEBBINS: That's, sort of, a strange hypothetical, but no, that would not automatically result in the County being liable. But, it's, sort of, a really unclear Page 10 Hawaii County Council -33 February 17, 2016 hypothetical. You put words like—so I can't really answer it other than to say no, that what you just said does not make me think the County is going to be responsible. MR. ONISHL Okay, because you know why, what I'm getting at is we're the Council that is going to be approving this funding. And we're the future Council's that in case something happens, is going to have to decide on the liability part, either in awarding funds to the injury or whatever. That's all I'm looking at and the Council will be responsible for approving this. So I just wanted to make sure—okay, so also, did Corporation Counsel have any say in this? MS. INABA: I can answer that. Thank you for that question, our Corporation Counsel, Belinda Hall, has. We have been speaking with her, which is why we went ahead from there and talked to Scott Knowles, so we had Counsel from everyone. MR. ONISHL That would be good. What would be the limit or what would be the number of the amount of liability that is going to be required of them? Is it $2 million or $5 million or $10 million? MS. INABA: Tina, I know that you have information that you are waiting for. And I guess that would be something that maybe Corporation Counsel could help us with, in regards to what our liability should be? (Note: At this time, Executive Director for PATH Tina Clothier came forward to address the members of the Council.) MS. CLOTHIER: Thank you, Kawehi. Councilman Onishi, we are looking at between $3 million to $5 million per occurrence for liability coverage and that is becoming the standard through bike share programs across the nation. MR. ONISHL Okay, good, I yield at this time. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Fresh brings up some good points, of course, we have to protect the County. But when you look at everything in totality, this is a fantastic program that we want to advance. And as Kawehi pointed out, and I'm sure that Molly would agree, there's nothing that would preclude someone from trying to sue the County if something happens, but you have to always balance the benefits with the risk. The only thing I can think of that might satisfy Mr. Onishi was—and I wasn't listening completely when you were talking about your insurance, but perhaps if it Page 11 Hawaii County Council -33 February 17, 2016 doesn't cost anything; if you could add the County as an additional insurer, or something like that, and maybe Belinda might also want to talk about a hold harmless clause and that kind of stuff We want to see this go, so I don't think we should—it's good that he brought it up, it's something that we have to, you know, really look at to be responsible stewards for the taxpayers, but ultimately this is a program that we want to see moving. So, you know, I just offer those suggestions. Thank you. MS. CLOTHIER: Thank you, Councilman Chung. We, in fact, will do that, and as we do for all of our bike safety programs, where we get support from the County. Thank you. CHR KANUHA: Thank you, Mr. Chung. Council Members, any other discussion? Mr. Paleka, go right ahead. MR. PALEKA: Mahalo, Mr. Chair. Hi, Kawehi. I had one question, okay, for now we're at $250,000I also think this is a great plan of a multi -modal system. I would love to see it like ones we've experienced overseas and other places. So, we are contributing $250,000 now. Are we going to have to contribute later again next year or is this a one time? MS. INABA: No, this is a one time. We have it set into the plan to where it's automatically becoming self -sustainable. Even with the three months of free usage for our kama`aina to get them used to this program, it's creating income so that we can turn around and continue the program and also create and buy more bike share pods. MR. PALEKA: Okay. And then the proposed bike or kiosk areas; are they on property owned by the County? MS. INABA: Two of them are. We are looking at one at the old airport, one at Hale Halawai and the other on or around the area by the Kailua pier in King Kamehameha Hotel, and that's not owned by the property but PATH is in negotiations and talks. MR. PALEKA: Okay. That's where I wanted to go with this one too. The County properties; is there going to be lease agreement after for the continuation of the program, for the kiosk and plant? MS. INABA: With the County, yes, we'll be working on that with, most likely, Parks and Recreation to make sure they're working with us as far as where the placement is going to be and the continuation of the program. MR. PALEKA: So, actually, we could be gaining rent? I mean, some income, depending on negotiations? Page 12 Hawaii County Council -33 February 17, 2016 MS. INABA: We could, depending on that. At this point right now we are not looking at that. We are looking at more of the money going back into the program so we can buy more bikes and expand the program, at this point right now. MR. PALEKA: Okay. I'm just saying because you have one entity that's a private entity, you have the County property that they're going to be operating off of. So, some business people might look, oh wow, they are getting business property free to them. So that's the concern I have, is being a business. MS. INABA: Sure. At this point right now, it's non-profit with PATH. So, everything that's being created and income generated is going right back into the program to expand it. So not so much where anybody is actually making money off of this program, for at least the way we have it planned out right now. That's food for thought. We didn't think about that but that's something we could talk about if you would like us to look more into that. MR. PALEKA: No, just consider at least, maybe it's not feasible in the long term thing but if it's a reasonable piece of property that others would wantI mean, there's other entities of non-profit, profitable that would like the use of County of property. And in doing so, is just a consideration of compensation. MS. INABA: Sure. CHR KANUHA: Thank you, Mr. Paleka. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I just want to say thank you very much to Tina, and PATH, and to Kawehi and her department staff because I think this partnering really shows the skills that Kawehi has as Director of Research and Development. I know it's a lot of details you guys have worked out and thought through and I think it really shows the kind of work that the department can do. So, thank you Director Inaba and thank you, Tina. CHR KANUHA: Thank you, Ms. Eoff. Ms. Poindexter. MS. POINDEXTER: I just want to say thank you, to Director Inaba and to Tina. This ties so neatly with the project with the blue zones in that our County is so involved with, in healthier life styles and healthy communities. So, thank you for this, aloha. CHR KANUHA: Thank you, Ms. Poindexter, any other discussion? Ms. David. MS. DAVID: Mahalo to you, Tina and also to Kawehi because I believe when you first came before us, there were a lot of questions that were raised. I really commend you, Ms. Inaba, for coming back with all the answers that we had posed to you and especially regarding the liability issues. And so, I can tell you guys Page 13 Hawaii County Council -33 February 17, 2016 have been really working hard on this, for this great program. So, any other support that you need, let us know. Mahalo. CHR KANUHA: Thank you, Ms. David, any other discussion? Okay, I think I said enough the last Committee meeting, but great to see this program move forward and looking forward to win the opening day if it's going to happen. So, thank you very much. Council Members, all in favor of the motion, say "aye." Vote on Bill 137: The motion to pass Bill 137 on first reading and adopt (Approved) Finance Report No. 49 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you. I think we have our Housing Deputy Administrator in house, so there might be a few we can take out of order. Oh, I'm sorry. We could go to Bill 129. MR. ILAGAN: I just wanted to mention, one testifier over in Pahoa is here to witness Communication 647 and potentially Resolution 396-16. CHR KANUHA: Okay, we can do Resolution 396-16. Res. 396-16: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, BOARD OF LAND AND NATURAL RESOURCES, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF TAX MAP KEY NO. 1-4-002:022, WAIOPAE (FKA VACATIONLAND LAND TRUST), DISTRICT OF PUNA, ISLAND OF HAWAII Funds in the amount of $1,330,000 would be used for the acquisition of Wai`opae, comprised of 322.167 acres of total land (258.396 acres of which are usable) to increase public access to the shoreline, increase educational opportunities, preserve and restore native habitat, and protect the Wai`opae Tidepools Marine Life Conservation District. Reference: Comm. 668 Intr. by: Mr. Eagan Waived: FC Motion to Approve: Mr. Eagan moved to adopt Res. 396-16. Seconded by Mr. Paleka. Page 14 Hawaii County Council -33 February 17, 2016 CHR KANUHA: Mr. Eagan, go right ahead. MR. ILAGAN: Thank you, Mr. Chairman. I just wanted to mention how hard Barbara and Renee had been working on this and I remember them bringing this up to my attention and now we are here. We are doing our part on the Council to make sure that we are moving the process along and I know it's going to get to the Mayor's desk and having to move that approval for the funds. I just want to point out that in my term, the Pohoiki purchase was my first priority and the vacation land is my second. And right now the purchase has been made on Pohoiki and is going to be the first open space in the Puna area and I know the Mayor's office have been working very hard on that. And as that draws to a close, I am going to be working on this open space project. And I just want to ask for the Council's support as we move this along. Thank you. CHR KANUHA: Thank you, Mr. Eagan. I also wanted to mention that we have Mr. Ventura here in Kona, Property Manager for the County if anybody or yourself, Mr. Eagan, has any questions. MR. ILAGAN: Mr. Chairman, is it okay if I just bring Mr. Ventura upfront? CHR KANUHA: Yes. He is in the front. MR. ILAGAN: Do you have anything that you would like to say, to close? (Note: At this time, Office of Housing and Community Development Property Manager Hamana Ventura came forward to address the members of the Council.) MR. VENTURA: Good morning, HamanaVentura, property manager. I think Barbara did a really good job of explaining the whole concept and the force behind the Wai`opae acquisition, but I would be glad to answer any additional questions at this time. MR. ILAGAN: Thank you. I just want to close with; I know we have new land attorney, Mr. Kim, and I know he's going to be working on a lot of land purchases. So, I just want to wish him good luck. And also Mr. Ventura, thank you. CHR KANUHA: Thank you, Mr. Eagan, Council Members, any other discussion? Hearing or seeing none, all in favor of the motion say "aye." Page 15 Hawaii County Council -33 Vote on Res. 396-16 (Adopted) The motion to adopt Res. 396-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. MR. ONISHL Mr. Chair, Bill 129. Thank you. February 17, 2016 CHR KANUHA: Yes, Mr. Onishi, I was trying to look for that one. Bill 129, Mr. Clerk. Bill 129: 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 AGRICULTURAL — THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL — ONE ACRE (RA -la) AT PANA`EWA HOUSE LOTS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-052:027 (Applicant: Brad McClary) (Area: 2.73 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for the subdivision of the property into two lots. The applicant states that he plans to build a single- family dwelling on the newly created lot to be used as a home for his elderly relatives. Reference: Comm. 615 Intr. by: Mr. Eagan (B/R) Approve: PC -46 Motion to Approve: Mr. Eagan moved to pass Bill 129 on first reading and adopt Planning Committee Report No. 46. Seconded by Mr. Onishi. CHR KANUHA: I am assuming Mr. McClary is still in the Hilo Council Chambers, if I am correct in saying that, if Council Members here in Kona have any questions. But, is there any discussion for the Bill 129 by the applicant or by the Council Members? Hearing or seeing none, all in favor say "aye." Page 16 Hawaii County Council -33 Vote on Bill 129 (Approved) Res. 381-16 Motion to Approve February 17, 2016 The motion to pass Bill 129 on first reading and adopt Planning Committee Report No. 46 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, I'm just going to take two because we have Housing Deputy Administrator here. Resolution 381. TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO CONSTRUCT A BUS SHELTER AT NA KAHUA HALE O OLU WINI Transfers $10,000 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 648 Intr. by: Ms. Eoff Ms. Eoff moved to adopt Res. 381-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, this is pretty self-explanatory, but if Mr. Van Bergen would like to say a few words. I am helping to build a bus shelter at Ulu Wini, which is our transitional housing project here in Kona. (Note: At this time, Housing and Community Development Assistant Administrator Kenneth Van Bergen came forward to address the members of the Council.) MR. VAN BERGEN: Ken Van Bergen, Assistant Housing Administrator. Just real briefly, I just wanted to thank Councilwoman Eoff for this generous gift. The homes of Ulu Wini is a very important project here in Kona; 96 units, over 300 residents and, you know, the funds that she is giving us at Housing for the rock wall and for the benches or the picnic tables, it's going to be a nice asset. But also, even though it's not coming to us directly, the bus stop is a huge benefit for the residents that we're serving at this project. So a big mahalo, on behalf of the Mayor, Susan Akiyama, and myself. Thank you very much. Page 17 Hawaii County Council -33 MS. EOFF: Thank you. CHR KANUHA: Okay, thank you, Ms. Eoff Ms. Wille. February 17, 2016 MS. WILLE: So, you are now in Housing and you left Parks and Recreation? MR. VAN BERGEN: Yes. MS. WILLE: Can you educate us how that happened? Point of Order: MS. POINDEXTER: Point of Order CHR KANUHA: Ms. Wille, that's not part of the—if you would like to speak on the bus shelter at Na Kahua Hale O Olu Wini? Thank you, Ms. Wille. Council Members, any other discussion on this resolution? Hearing or seeing none, all in favor say "aye." Vote on Res. 381-16: The motion to adopt Res. 381-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. And also, there was another housing one Resolution 388. Res. 388-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PAY FOR A SIGN/ROCK WALL ENTRYWAY AND PICNIC TABLES AT NA KAHUA HALE O ULU WINI Transfers $13,000 from the Clerk -Council Services – Contingency Relief account (Council District 8); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 657 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 388-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff Page 18 Hawaii County Council -33 February 17, 2016 MS. EOFF: Mr. Van Bergen said Ulu Wini is our transitional housing units and I wanted to just say that I have been very grateful to be able to participate in making this place. A place where our families who need this kind of help are getting helped, because it is a step before people become homeless, if they can't get in somewhere. So, this place has been offering that kind of service and it's like a village, the people there and their children are getting services, getting jobs, and I think we need to do what we can to make this place a model in transitional housing and help to our community. So, thank you for your support and we'll look forward to seeing this improvements. CHR KANUHA: Thank you, Ms. Eoff, Council Members, any other discussion? Okay, hearing or seeing none, all in favor say "aye." Vote on Res. 388-16: The motion to adopt Res. 388-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: We'll just go to the top of the agenda, Mr. Clerk, Communication 647. Return to Order of The Chair directed the Council to return to the order of business. Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 647: REPORT BY COUNCIL MEMBER MAILE DAVID OF HER AND OTHER COUNCIL MEMBERS' ATTENDANCE AT THE JANUARY 11, 2016, MEETING OF THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Motion to Close File: Ms. David moved to close file on Comm. 647. Seconded by Ms. Eoff. CHR KANUHA: Ms. David, go right ahead. MS. DAVID: Mahalo. This this is just a communication to satisfy HRS (Hawai`i Revised Statutes) Section 92-2.5 that was to report the attendance of myself and, that of, Council Members Valerie Poindexter and Ms. Eoff at the Hawaii County Page 19 Hawaii County Council -33 Vote on Comm. 647 Filed Return to Order of Business - ORDER OF RESOLUTIONS February 17, 2016 Public Access, Open Space and Natural Resources Preservation Commission (PONC) meeting that was held on January 11, 2016, in Hilo. The reason for this is there were two items on the agenda that potentially related to Council Board business, and that was the purchase of a piece of property in Kaloko Mauka to expand public access in the Honua`ula Forest Reserve and also the discussion regarding the Waipi`o lookout in Hamakua, and the PONC stewardship grant request from Pohaha I Ka Kani. So, this was just a communication to satisfy those requirements, mahalo. CHR KANUHA: Council Members, discussion on this communication? Hearing or seeing none, all in favor of filing say, "aye." The motion to close file on Comm. 647 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. 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. Res. 374-16: ACCEPTS THE DEDICATION OF ROAD LOT A (ANIANI STREET, A 50 -FOOT WIDE RIGHT-OF-WAY ALONG WITH TWO DRYWELLS), BEING A PORTION OF GRANT 2030 TO KAIAKOILI, TAX MAP KEY: 7- 3-019:037, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAII, FROM 4.10 HAWAII LAND PARTNERSHIP, A HAWAII GENERAL PARTNERSHIP The lot contains an area of approximately 16,981 square feet and would be used for roadway purposes. Reference: Comm. 633 Intr. by: Ms. Poindexter Approve: PWPRC-26 Motion to Approve: Ms. Poindexter moved to adopt Res. 374-16 and Public Works and Parks and Recreation Committee Report No. 26. Seconded by Ms. Eoff Page 20 Hawaii County Council -33 February 17, 2016 CHR KANUHA: Any discussion? Hearing or seeing none, all in favor say aye. Vote on Res. 374-16: The motion to adopt Res. 374-16 and adopt Public Works (Adopted) and Parks and Recreation Committee Report No. 26 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 376-16: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY: 2-4-019:127 (PORTION), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, FOR THE KAWAILANI STREET IMPROVEMENTS PROJECT (`IWALANI STREET TO POHAKULANI STREET) Authorizes the acquisition of a portion of the property described in Exhibit "1" and delineated in Exhibit "2", to realign Ainaola Drive, widen Kawailani Street and some of the feeder streets, and install traffic signals at the intersections of Kawailani and `Iwalani Streets, and Kawailani Street and Ainaola Drive. Reference: Comm. 639 Intr. by: Ms. Poindexter Approve: PWPRC-27 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Motion to Approve: Ms. Poindexter moved to pass Res. 376-16 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 27. Seconded by Ms. David. CHR KANUHA: Any discussion, Council Members? Hearing or seeing none, all in favor say "aye." Page 21 Hawaii County Council -33 Vote on Res. 376-16 (Approved) Res. 382-16 Motion to Approve February 17, 2016 The motion to pass Res. 376-16 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 27 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS Transfers $3,500 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 649 Intr. by: Ms. Eoff Ms. Eoff moved to adopt Res. 382-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, Mr. Chair. This is the second time several of us have contributed to this program and it's very successful. People come into the office, pick up the vouchers, and I think that some of the neighborhoods have hui upped to make sure that several neighbors in the same area pick up vouchers. And they are very grateful that we can help them out with this program, so. And I would like to thank the Department of Research and Development for accepting our request to do this. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? I just want to say, so I don't have to speak on mine when it comes up, mahalo, to Research and Development. This is a good program, working with the neighbors. A lot of these communities are very grateful for having these vouchers to control the coqui frogs in their neighborhoods. It's actually working pretty well in a few communities. I know there are a few places where it is uncontrollable, but as far as we are concerned, as long as we can keep them out of certain areas the residents are pretty happy. So, I'm glad to support all these resolutions. Page 22 Hawaii County Council -33 February 17, 2016 Any other discussion, hearing or seeing none, all in favor of this motion say aye. Vote on Res. 382-16: The motion to adopt Res. 382-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 383-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $3,500 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 650 Intr. by: Mr. Kanuha Motion to Approve: Ms. Eoff moved to adopt Res. 383-16. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Ms. Wille. MS. WILLE: Just quickly, as we do all of these citric acid grants, you know, it's very expensive; we're importing it and yet we have a lot of citrus here on this island. And, I know there is a little bit of abut I just think we should start to look at where we're importing things based on citrus. We are certainly going to have to continue the need to figure out if there is some way we could also be, you know, producing it here and providing jobs and lowering our cost. So, just to throw that out, we all have a lot of lemons around here and oranges. CHR KANUHA: Thank you, Ms. Wille. Great idea for anybody out there listening online, hopefully there is an entrepreneur in the making. Okay, any other discussion? Hearing or seeing none, all in favor say "aye." Page 23 Hawaii County Council -33 Vote on Res. 383-16 (Adopted) The motion to adopt Res. 383-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. February 17, 2016 Res. 384-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID AND SUPPLIES TO CONTROL THE COQUI FROG INFESTATION Transfers $4,450 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 651 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 384-16. Seconded by Ms. Eoff. CHR KANUHA: Ms. David. MS. DAVID: Yes, thank you. And Margaret, I like your idea and I ask for our members support on this and the reason, I think this is very important and this is the second round of this sort of relief funds to Research and Development. And thank you, Ms. Inaba, for allowing us to do this, because in my district, as many times as this has been going on, there were outlying areas that were unaware that we had this program. So this allows me to even provide this citrus to the outlying areas in Volcano and Ka`u, also. So, thank you very much for your support. Thank you, Ms. David, any other discussion? Hearing or seeing none, all in favor say "aye." Page 24 Hawaii County Council -33 February 17, 2016 Vote on Res. 384-16: The motion to adopt Res. 384-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 385-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE SMOKE DETECTOR PROGRAM Transfers $5,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Hawaii Fire Department, Fire Prevention Other Current Expenses account. Funds would be used to purchase and install smoke detectors in Hamakua. Reference: Comm. 653 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 385-16. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yes, this program is geared to provide smoke detectors in the senior homes that currently do not have warning devices or some of the devices maybe inoperable. Through the partnership with Office of Aging and the IBEW, which is the International Brotherhood of Electrical Workers, the Fire Department is providing education, fire safety, and how to operate your smoke detectors, if need be; changing batteries or whatever it is. They will also provide a fire safety inspection in and around the home at that time. So, I hope I have clarified it enough for the testifier that had testified; that had some concerns or questions about the program itself. And especially in the Hamakua area where there are a lot of plantation homes, you know, safety for our kupuna is of the utmost importance, because the younger families who are building homes are required to put in smoke detectors already. So, these are specifically geared for the senior homes that don't current have fire detectors. So, I ask you to help me and support this, thanks. CHR KANUHA: Thank you, Ms. Poindexter, any other discussion? Mr. Paleka, go right ahead. Page 25 Hawaii County Council -33 February 17, 2016 MR. PALEKA: Yeah. I just wanted to also say what a great program this is. I want a special shout out to go to our International Brotherhood of Electrical Workers, who actually go in and change out this for senior citizens and others that need to make sure their homes are safe, and their alarms are working properly. Mahalo. CHR KANUHA: Mahalo, Mr. Paleka, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 385-16: The motion to adopt Res. 385-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. Res. 386-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PA`A PONO MILOLI`I TO ASSIST MILOLI`I FISHING VILLAGE WITH ADDRESSING THE DENGUE OUTBREAK Transfers $3,000 from the Clerk -Council Services – Contingency Relief account (Council District 2); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 655 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 386-16. Seconded by Ms. David. CHR KANUHA: Go right ahead, Mr. Chung. MR. CHUNG: Yeah. This is basically—from what Ms. David had gotten for her constituents in Miloli`i about a month ago, and so I wanted to credit her for her leadership in this regard. Miloli`i is probably as far from Hilo as you can get, but at the same time, you know, I wanted to share my experiences with that community. I did so the last time but I will do it again. I hadn't been down to Miloli`i since about 1978, until about a few years ago when I started going down with the boy scouts and that community really is a special one. It's changed a lot since 1978, as you can imagine, but the left side still retains its character and those people who live there, they are just so welcoming of the boy scouts. And Page 26 Hawaii County Council -33 February 17, 2016 because of them now being at ground zero with this dengue outbreak, one of the problems is the boy scouts cannot go down there, they had to cancel all of their camping trips. And it's not just for our troop but for many of the Hilo and other troops around the island, so whatever we can do to help them. Maybe, I could even say not indirectly; it directly benefits, you know, all of us. So thank you very much, Ms. David, for your leadership in this regard. I am very happy to contribute at least something to that cause. CHR KANUHA: Thank you, Mr. Chung. Ms. David. MS. DAVID: Yes and I really want to mahalo you, Mr. Chung, for doing that. And the village really appreciates any help that you can give and especially thank you, because you committed to do that. And that is a valuable resource that we have down there and we hope they get over this dengue outbreak so we can all enjoy them again. Mahalo. CHR KANUHA: Thank you, Ms. David. Any other discussion, Council Members? Hearing or seeing none, all in favor "aye." Vote on Res. 386-16: The motion to adopt Res. 386-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 387-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO TO ASSIST WITH THE PURCHASE OF LAPTOPS AND SOFTWARE TO IMPROVE PATIENT CARE Transfers $3,250 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 656 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 387-16. Seconded by Ms. Eoff. Page 27 Hawaii County Council -33 CHR KANUHA: Ms. David. February 17, 2016 MS. DAVID: Yes, thank you. This is just a follow up on a commitment I made the last time a contingency request came up for Hospice, because of the need for laptops and that they service the rural areas and their districts that are much in need of computer laptops. So, I wanted to help them with obtaining enough computers so they can serve our rural areas. So, I appreciate your support, mahalo. CHR KANUHA: Thank you, Ms. David, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 387-16: The motion to adopt Res. 387-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 389-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE HIGH SCHOOL GRAD FOR PROJECT GRADUATION 2016 Transfers $3,700 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 658 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 389-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. DAVID: Thank you, Mr. Chair. . I have been a consistent supporter of project grad, so I'm just happy to be able to provide these funds this year, as well. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." Page 28 Hawaii County Council -33 Vote on Res. 389-16 (Adopted) The motion to adopt Res. 389-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. February 17, 2016 Res. 390-16: 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 BIG ISLAND WAVE RIDERS AGAINST DRUGS FOR THE BIG ISLAND COMMUNITY BEACH CLEANUP Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 659 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 390-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. They particular Wave Riders group have expanded this year. They are going to clean beaches not only on the west side of the island, but they have wrapped around, I think, all the way to Honoli`i this time. And they won't be able to go to Miloli`i because it's closed but wherever they can, they do a pretty massive beach cleanup day. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 390-16: The motion to adopt Res. 390-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 29 Hawaii County Council -33 February 17, 2016 Res. 393-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF DEFENSE, STATE OF HAWAII EMERGENCY MANAGEMENT AGENCY Funds in the amount of $60,705.50 would be used to prepare an updated multi -hazard mitigation plan. Reference: Comm. 665 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 393-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: So I understand that these are grant funds and I think there's a companion Bill 141, the appropriation. So I'm not sure if anybody in Hilo wanted to come forward, but I think it's pretty self-explanatory. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 393-16: The motion to adopt Res. 393-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 394-16: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE ICE MACHINE TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Isemoto Contracting Company, Ltd., and valued at $8,292.99 to be used in the Butler Building at the Ho`olulu Complex Facility. Reference: Comm. 666 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 394-16. Seconded by Ms. David. CHR KANUHA: Any other discussion? Page 30 Hawaii County Council -33 Vote on Res. 394-16 (Adopted) February 17, 2016 MS. EOFF: I would just like to say thank you, to Isemoto Contracting. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." The motion to adopt Res. 394-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 395-16: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $200 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by W. H. Shipman, Limited, to offset costs for the purchase of snacks and refreshments for participants of the Department's Vulcan Baseball Clinic held on January 28, 2016. Reference: Comm. 667 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 395-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Eoff MS. EOFF: Mahalo, to W. H. Shipman. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 395-16: The motion to adopt Res. 395-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 31 Hawaii County Council -33 February 17, 2016 Res. 397-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI -FUNCTION COPY MACHINE FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement for a multi- function copy machine, at an approximate cost of $2,640 per year. Motion to Approve Vote on Res. 397-16 (Adopted) Vote on Motion to Suspend Council Rules: (Approved) Reference: Comm. 669 Intr. by: Ms. Eoff Waived: FC Ms. Eoff moved to adopt Res. 397-16. Seconded by Ms. David. CHR KANUHA: Any discussion, hearing or seeing none, all in favor say "aye." The motion to adopt Res. 397-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. MR. ONISHL At this time, may I make a motion to waive the five-day reconsideration for all contingency funds requests. CHR KANUHA: A motion was made for all contingency requests and seconded by Mr. Chung, which I will read in for the record. Resolutions 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, and 391-16. All in favor, of the suspension of the rules for the five-day reconsideration, say "aye." Mr. Onishi moved to suspend Council Rule 15 to waive the 5 -day hold for reconsideration. Seconded by Mr. Chung and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 32 Hawaii County Council -33 February 17, 2016 CHR KANUHA: Thank you, Mr. Onishi. Okay, Mr. Clerk, Bill 130. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 130: 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 KANEHOA SUBDIVISION, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:013 (Applicants: Kurt Shively and Jason Shively) (Area: approximately 5.497 acres) Reference: Comm. 616 Intr. by: Mr. Eagan (B/R) Approve: PC -47 ; and Bill 131: 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 — FIVE ACRES (A -5a) TO RESIDENTIAL AND AGRICULTURAL — TWO ACRES (RA -2a) AT KANEHOA SUBDIVISION, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:013 The Leeward Planning Commission forwards its favorable recommendation for this State Land Use boundary amendment and change of zone, which would allow the applicants to apply for the subdivision of the property into two lots. The applicants state that they plan to build a single-family dwelling for their daughter on the newly created lot. Approve: PC -48 Motion to Approve: Mr. Eagan moved to pass Bill 130 on first reading and adopt Planning Committee Report No. 47. Seconded by Ms. Wille. CHR KANUHA: Ms. Wille. MS. WILLE: Yes, we did discuss this last time and I just urge your support. CHR KANUHA: Thank you, Ms. Wille. Again, that was a motion to approve Bill 130. Any other discussion, hearing or seeing none, all in favor say "aye." Page 33 Hawaii County Council -33 Vote on Bill 130 (Approved) February 17, 2016 The motion to pass Bill 130 on first reading and adopt Planning Committee Report No. 47 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Mr. Clerk, did you read in Bill 131, as well? Okay. Mr. Eagan, motion to approve Bill 131. Motion to Approve: Mr. Eagan moved to pass Bill 131 on first reading and adopt Planning Committee Report No. 48. Seconded by Mr. Onishi. Vote on Bill 131 (Approved) CHR KANUHA: Any discussion? Hearing or seeing none, all in favor say aye. The motion to pass Bill 131 on first reading and adopt Planning Committee Report No. 48 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Bill 141: 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 — Multi -Hazard Mitigation account ($60,705.50); and appropriates the same to the Multi -Hazard Mitigation account. Funds would be used to prepare an updated multi -hazard mitigation plan. Reference: Comm. 665 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 141 on first reading. Seconded by Ms. David. Page 34 Hawaii County Council -33 Vote on Bill 141 (Approved) ()'RT) -FR ()F 00NI=OT_Xv (SECOND OR FINAL READING): REPORTS: Vote on Motion to Suspend Council Rules: (Approved) PC -43: (Comm. 628) PC -44: (Comm. 628) PC -45: (Comm. 636) February 17, 2016 CHR KANUHA: Any discussion, Council Members? Hearing or seeing none, all in favor say "aye." The motion to pass Bill 141 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. The Chair directed the Council to proceed to the next order of business, Order of the Day (Second or Final Reading). (There were none.) The Chair directed the Council to proceed to the next order of business, Reports. (Mr. Chung asked to suspend the rules to read in all committee reports and take one vote.) Mr. Chung moved to suspend Council Rule 10-15 to allow for one vote for all of the nominees. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. NOMINATION OF JULIA ANN ALOS TO THE SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE NOMINATION OF MARK S. GORDON TO THE SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE NOMINATION OF CHARLES R. CARTWRIGHT TO THE KAILUA VILLAGE DESIGN COMMISSION Page 35 Hawaii County Council -33 PSMTC-10: (Comm. 629) PSMTC-11: (Comm. 630) PSMTC-12: (Comm. 630) PSMTC-13: (Comm. 63 1) PSMTC-14: (Comm. 634) February 17, 2016 NOMINATION OF JAK HU TO THE POLICE COMMISSION NOMINATION OF MARCELLA R. ST. AMBROGIO TO THE FIRE COMMISSION NOMINATION OF SCOTT R. SUSMAN TO THE FIRE COMMISSION NOMINATION OF RILEY W. SMITH TO THE LIQUOR ADJUDICATION BOARD NOMINATION OF AMY A. BIRCHER TO THE TRANSPORTATION COMMISSION PSMTC-15: NOMINATION OF RALPH YAWATA TO THE FIRE COMMISSION (Comm. 635) EMC -5: NOMINATION OF RICHARD H. BENNETT TO THE ENVIRONMENTAL (Comm. 642) MANAGEMENT COMMISSION CHR KANUHA: Any discussion on these nominations, Council Members? Hearing or seeing none, all in favor, of the nominations, say "aye." Vote on Committee Ms. Eoff moved to adopt Planning Committee Report Reports: Nos. 43, 44, and 45; Public Safety and Mass Transit (Adopted) Committee Report Nos. 10, 11, 12, 13, 14, and 15; and Environmental Management Committee Report No. 5. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) Page 36 Ilawat'i County Council -33 February 17, 2016 OTHER The Chair directed the Council to proceed to the next order of business, Other ROSINESS: Business. (Fhere were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MF.NTS: Announcements. (There were none.) ADJOURN- 'Fhere being no further business, at 10:50 a.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Council Approval: COU CLERK SM/slm Ayes: Council Members Chung, David, I'off, (lagan, Onishi, Paleka, Poindexter Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. Thank you very much, everybody. FF9 0R 2011 Page 37