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HomeMy WebLinkAboutMIN COUNCIL 2016-12-21 2016-2018HAWAII COUNTY COUNCIL 2nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii December 21, 2016 INVOCATION: Council Member Maile Medeiros David gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:14 a.m., in the Council Chambers, Kailua-Kona, by Ms. Valerie Poindexter, Chair. ROLL CALL: Present: Ms. Valerie Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron Chung, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Maile "Medeiros" David, Member Ms. Eileen O'Hara, Member Ms. Jennifer Ruggles, Member Mr. Herbert "Tim" Richards, III, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. O'Hara led the Council in the Pledge of Allegiance.) CHR. POINDEXTER: Can I ask, Mr. Clerk, if you could give us a status update on the video conferencing sites. MR. HENRICKS: So typically, we have sites in Hilo, of course, we hold our meetings and connect there, Pahoa, Kohala, Na`alehu, and Waimea, but currently the Waimea site is not quite available. We're doing some renovations and improvements, so that is not available today. And unfortunately, we found out this morning that the site in Na`alehu would not be available due to heavy construction and a large amount of noise, which makes it unavailable for today. So today we just have connection to Hilo, and Pahoa, and Kohala. CHR. POINDEXTER: Thank you for that. So at this time, I'm going to be relinquishing the chair to our Vice -Chair, Karen Eoff From this point forward, all of our Kona meetings will be chaired by our Vice -Chair, Karen Eoff Hawaii County Council -2 December 21, 2016 Relinquish Chair: At this time, Chair Poindexter relinquished the chair to Vice -Chair Eof£ PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONT OI TNCF: STATEMENTS Fu nN r THF PUBLIC ON AGENDA ITEMS 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: John Grogan: (representing West Hawaii Veterans Cemetery Association) Res. 13-16 (Comm. 2), in support. Laura Mallery-Sayre: Res. 19-16 (Comm. 9); (representing the Daniel R. Sayre Res. 20-16 (Comm. 10); and Memorial Foundation) Res. 21-16 (Comm. 11), in support. Cory Harden: Res. 683-16 (Comm. 1113); Res. 684-16 (Comm. 1114); Res. 708-16 (Comm. 1146); Res. 709-16 (Comm. 1147), in support. Joe Pierce: (representing Civilian Safety) Res. 13-16 (Comm. 2); Res. 14-16 (Comm. 3); Res. 15-16 (Comm. 4); Res. 16-16 (Comm. 5); Res. 17-16 (Comm. 6); Res. 18-16 (Comm. 8); Res. 19-16 (Comm. 9); Bill 255 (Comm. 1150); Bill 267 (Comm. 1177); Bill 268 (Comm. 1178); Bill 1 (Comm. 13); Bill 261 (Comm. 1162); Bill 263 (Comm. 1164); Bill 264 (Comm. 1165), in opposition. Bill 259 (Comm. 1155), in support. Page 2 Hawaii County Council -2 Frank Sayre: (representing the Daniel R. Foundation) Sharon Shining: (representing Na`alehu Senior Center Ceramics) Res. 19-16 (Comm Sayre Res. 20-16 (Comm Res. 21-16 (Comm December 21, 2016 9); 10); 11), in support. Res. 18-16 (Comm. 8), in support. ACTING CHR. EOFF: Thank you. I will close public testimony and move on to our agenda items. Before we do that, I would like to just let everybody know that the Council is planning to take an early lunch today. So somewhere that it seems natural, but somewhere around 11 o'clock, we will break for lunch. If we are not through with our agenda items by then, we'll reconvene at approximately 1:15 p.m., or so. The purpose for that is Council Members were invited to attend a welcoming of the first non-stop flight from Japan to Kona International Airport. So, we'll move on to the Approval of Minutes. Mr. Clerk, can we go ahead and take a roll call vote? Oh, there are no minutes, okay. Thank you, then Communications. APPROVAL OF The Chair directed the Council to proceed to the next order of business, MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 18: APPOINTMENT OF WILFRED OKABE AS MANAGING DIRECTOR From Mayor Harry Kim, dated December 7, 2016, submitting for the Council's review and confirmation the above appointment. Waived: GREDC Requires Council Confirmation by: February 2, 2017 Motion to Close File: Ms. Poindexter moved to close file on Comm. 18. Seconded by Ms. David. ACTING CHR. EOFF: Council Members, rather than a roll call vote when the chair sees that we are not too divided on an issue, we can go ahead and do a voice vote for our rules. So all in favor of approving Mr. Will Okabe, for Managing Director and file Communication 18, please say "aye." Page 3 Hawaii County Council -2 Vote on Comm. 18 Filed Recess: Reconvene: Change Order of Business: December 21, 2016 The motion to close file on Comm. 18 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. (Council Members spoke in favor of the appointment.) At 10:22 a.m., the Chair called for a recess. The meeting reconvened at 10:34 a.m. As directed by the Chair and with no objection from the Council Members, the following items were taken out of order: Res. 726-16: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-12(a), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN AT THE NEW ENTRANCE TO WAIKOLOA BEACH RESORT, AT THE INTERSECTION OF WAIKOLOA BEACH DRIVE AND QUEEN KA`AHUMANU HIGHWAY, TAX MAP KEY: 6-9-008:030 (ZONED "0" OPEN DISTRICT) Grants a sign variance to Waikoloa Development Company for a ground sign measuring 36 square feet in area. Reference: Comm. 1179 Intr. by: Ms. Poindexter Approve: PWPRC-55 Motion to Approve: Ms. Poindexter moved to adopt Res. 726-16 and Public Works and Parks and Recreation Committee Report No. 55. Seconded by Mr. Richards. ACTING CHR. EOFF: Is there any discussion? And Mr. Fuke, are you there? MR. FUKE: Yes I am, and Merry Christmas to you all. ACTING CHR. EOFF: Mr. Fuke, you asked that we take this one out of order. So Mr. Fuke, did you have some background? MR. FUKE: Yes, basically, it's assigned for the new Waikoloa entrance. Currently right now, there is one major sign at the south end leading to the Page 4 Hawaii County Council -2 December 21, 2016 Waikoloa Resort. A new intersection was created at the intersection of Queen Kaahumanu Highway and Waikoloa road, so that's where the sign is going to be placed. ACTING CHR. EOFF: Okay, thank you. Let me see if Council Members have any questions. Ms. Ruggles. MS. RUGGLES: I just had a quick question. When I was reading the variance request, the sign is going to be similar or the same as the old sign or the current sign at the main entrance. MR. FUKE: Generally, it's going to be similar to the one at the south entrance. MS. RUGGLES: So, it's not the same exact sign? MR. FUKE: It's going to be, generally, the same resort type of sign as they show, like Waikoloa Resort. MS. RUGGLES: Okay, thank you. ACTING CHR. EOFF: Thank you, any other questions? Okay, Council Members all in favor, of approving Resolution 726-16, please say "aye." Vote on Res. 726-16: The motion to adopt Res. 726-16 and adopt Public Works (Adopted) and Parks and Recreation Committee Report No. 55 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council -2 December 21, 2016 Bill 257 AMENDS SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8, (Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2014-2016) (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-002:027 AND 1-5-114:020 (POR.) (Applicant: Paul Ogasawara) (Area: 29,837 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would confirm the existing gas station and auto repair activities on the property as well as increase the auto repair area. Reference: Comm. 1153.2 Intr. by: Mr. Eagan Approve: PC -81 Motion to Approve: Ms. David moved to pass Bill 257, Draft 2, on first reading and adopt Planning Committee Report No. 81. Seconded by Ms. Poindexter. Vote on Bill 257 Draft 2): (Approved) ACTING CHR. EOFF: Did somebody have a question or comment for Mr. Fuke? Seeing none, then all in favor, of approving Bill 257, Draft 2, at first reading, please say "aye." The motion to pass Bill 257, Draft 2, on first reading and adopt Planning Committee Report No. 81 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council -2 December 21, 2016 Bill 258: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2014-2016) 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 — 10,000 SQUARE FEET (CN -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004 (Applicants: Robert S. and Carol Oshiro) (Area: 1 acre) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow for the construction of a new 2,280 square foot restaurant. Reference: Comm. 1154 Intr. by: Mr. Eagan (B/R) Approve: PC -82 Motion to Approve: Ms. Poindexter moved to pass Bill 258 on first reading and adopt Planning Committee Report No. 82. Seconded by Ms. David. Vote on Bill 258 (Approved) ACTING CHR. EOFF: Any questions, Council Members? It was approved by the Windward Planning Commission and gave a unanimous approval by the committee. Are there any questions or comments? Seeing none, all in favor please say "aye." The motion to pass Bill 258 on first reading and adopt Planning Committee Report No. 82 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: Council Member Kanuha —1. Absent: None. Excused: None. Page 7 Hawaii County Council -2 December 21, 2016 Bill 259: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2014-2016) 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 — 10,000 SQUARE FEET (CN -10) AT WAIAKEA HOMESTEADS HOUSE LOTS, WAIAKEA, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:108 (Applicant: Kristen Mahnke) (Area: approx. 16,315 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop an approximately 3,000 square foot single -story office building for either rental or personal use. Reference: Comm. 1155 Intr. by: Mr. Eagan (B/R) Approve: PC -83 Motion to Approve: Ms. Poindexter moved to pass Bill 259 on first reading and adopt Planning Committee Report No. 83. Seconded by Ms. David. Vote on Bill 259 (Approved) ACTING CHR. EOFF: Any discussion? Hearing none, all in favor please say Ic aye. The motion to pass Bill 259 on first reading and adopt Planning Committee Report No. 83 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council -2 December 21, 2016 Bill 260: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2014-2016) 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 — TWO ACRES (FA -2a) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-047:031 (Applicant: John K. and Lori L. Kai) (Area: 9.323 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into four parcels of approximately two acres each. The applicants state they will live on one parcel that has an existing home and reserve the other parcels for their immediate family. Reference: Comm. 1156 Intr. by: Mr. Eagan (B/R) Approve: PC -84 Motion to Approve: Ms. O'Hara moved to pass Bill 260 on first reading and adopt Planning Committee Report No. 84. Seconded by Ms. Poindexter. Vote on Bill 260 (Approved) ACTING CHR. EOFF: Any discussion? Hearing none, all in favor please say Ic aye. The motion to pass Bill 260 on first reading and adopt Planning Committee Report No. 84 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council -2 December 21, 2016 Return to Order of The Chair directed the Council to return to the order of business. Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 683-16: URGES THE COUNTY TO ESTABLISH EDUCATIONAL PROGRAMS TO (2014-2016) REDUCE LAND-BASED CONTRIBUTIONS TO MARINE DEBRIS, AS RECOMMENDED BY THE HAWAII ISLAND PACKAGING SUSTAINABILITY INITIATIVE STAKEHOLDERS TASK FORCE Requests that sufficient funds be budgeted in future years for these programs. Reference: Comm. 1113 Intr. by: Ms. Wille Approve: EMC -8 Motion to Approve: Ms. Poindexter moved to adopt Res. 683-16 and Environmental Management Committee Report No. 8. Seconded by Ms. David. ACTING CHR. EOFF: Any discussion? Ms. O'Hara. MS. O'HARA: I want to say I support this Bill, which was a recommendation of the task force. My only issue with the Bill is I don't know if it was intended to be more specific and some language might have been left out, perhaps, in the title. In that, it's not just the County, it's the Department of Environmental Management. So, perhaps, the title should read "a resolution urging the County's Department of Environmental Management to establish educational programs to reduce land-based contributions to marine debris." ACTING CHR. EOFF: Mr. Clerk, I'm not sure if Ms. O'Hara is suggesting an amendment, but is that even possible? MR. HENRICKS: I think what she's suggesting is that it could have been better worded, to be more specific. But that would be something that would have to be done in writing as a substantial amendment, if that were desired. MS. O'HARA: Yes, then I would like to move to postpone to the next Council meeting. Motion to Postpone: Ms. O'Hara moved to postpone Res. 683-16 to January 5, 2017. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Is there any discussion? Mr. Chung. Page 10 Hawaii County Council -2 December 21, 2016 MR. CHUNG: Yes, with all due respect to our new Council Member, I am going to be voting against the postponement. The County encompasses the Department of Environmental Management. So, the County head is the Mayor of the County of Hawaii and he can direct whatever departments he wants to advance this, if he so chooses. This is Ms. Wille's resolution, out of deference to her, I would say just move it ahead. So, I am going to be voting against the postponement. I'm prepared to vote in favor of this today. ACTING CHR. EOFF: Okay, thank you, are there any other comments? Ms. Poindexter. MS. POINDEXTER: I don't mind supporting the postponement and I think you would be able to speak with Ms. Wille, as well, as her intention. I know it's going to be your amendment, so you don't have to agree with Council Member Wille. But out of courtesy, maybe try to give her a call and see what her intentions were. That would be up to you but that is something I am just pushing out there. But I will support your postponement. ACTING CHR. EOFF: Any other comments? Ms. David. While I agree with Ms. O'Hara's desire, I also can see Mr. Chung's point. So, it really doesn'tI don't think it harms anyone to postpone this to the next meeting and allow what Ms. Poindexter suggests. So, I will support your postponement. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Hi, yes, thank you. I'm actually not going to support the postponement. My understanding is that this particular resolution was developed by a task force and they had a large opportunity to vet the language in this bill. I appreciate the broad-brushness of the County because it gives, not only the Department of Environmental Management, but maybe even Parks Department with an opportunity to provide education programs for marine debris. And if we start narrowing down who should be doing this, I think, we begin to handcuff ourselves. So, I am going to be speaking against the postponement. Thank you. MS. O'HARA: I appreciate all the comments made so far. And while I agree that it's nice to keep things general, I think, with educational programs, it's better to be specific. Since the bill resolves to transmit a copy of this resolution to the Mayor, Department of Environmental Management, and the Finance Department; I would assume that it's the Department of Environmental Management that is intended to carry this out and not, of course, the Finance Department. So, I just thought it would be better to keep it very specific. Although, Parks and Recreation or Research and Development may play a roll, it is the primary objective to have it done by the Department of Environmental Management. Page 11 Hawaii County Council -2 December 21, 2016 ACTING CHR. EOFF: Any other thoughts? Mr. Chung. MR. CHUNG: I don't want to make a big deal of it, because it really is no harm; no foul. But this isn't a bill, it's a resolution. And if it were a bill and it was going to get codified within with the Hawaii County Code, then certainly, we want to be as specific as we can; we want to make sure that everything is correct, dot our is and cross our t's, but this is a resolution. I mean, just based on what I've heard if it's directed to the Mayor, Department of Environmental Management, and the Finance Department then are we going to put the Finance Department in there too? Once you refer to the County and the Mayor, that's it. As Ms. Lee Loy pointed out, it provides more flexibility. Not that it really matters, if this was something that was very important I would say yes, by all means, postpone this thing, but it's a resolution urging the County to do something. I don't see any reason for specificity. Thank you. MR. RICHARDS: Thank you. Listening to the conversation, I have to agree, it is a resolution and it did come out of a task force, so I don't support the postponement. ACTING CHR. EOFF: Any other comments or questions? Ms. O'Hara, may I ask you a question? MS.O'HARA: Absolutely. ACTING CHR. EOFF: In the BE IT RESOLVED right before the BE IT FINALLY RESOLVED on the back, it states that we are asking "that sufficient funds be budgeted for the next and future fiscal years, for educational programs for Hawaii County aimed at reducing land-based marine debris." So I think in some ways, that leaves it open to more departments than just the Department of Environmental Management, to be able to do this. So, I'm wondering whether changing the title actually restricts a little bit—the intention of the resolution. And would you want to consider that before we make our decision? Because I think that's what you are asking. That you would want to, kind of, specifically say that this educational programs would come out of the Department of Environmental Management rather than just, generally, the County? MS. O'HARA: I could consider that and not require that it be titled to a specific agency. If, indeed, we see that happen; that it is budgeted by the County and its agencies, to do this work. Listening to the conversation because I am coming into this without any background, it seems like it could work just fine as it is written. I just wanted to be sure that this isn't a resolution that we pass that gets over looked. That would be my only concern. ACTING CHR. EOFF: Thank you. So, you can consider withdrawing the motion to postpone and we can vote on this today. Then it's kind of incumbent Page 12 Hawaii County Council -2 December 21, 2016 among Council Members, too, to work with whichever department, especially the Department of Environmental Management to help make sure that these programs do get funded and do proceed. So, just think about that before we go ahead. MS. O'HARA: Well, if you would allow, I can withdraw my motion. Withdraw Motion Ms. O'Hara withdrew her motion to postpone. to Postpone: ACTING CHR. EOFF: Thank you. Council Members, let's go ahead and take a voice vote on Resolution 683-16. All in favor please say "aye." Vote on Res. 683-16: The motion to adopt Res. 683-16 and adopt Environmental (2014-2016) Management Committee Report No. 8 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Res. 684-16: URGES THE COUNTY TO JOIN MALAMA 808 AND ENCOURAGE THE (2014-2016) USE OF LITTERATI, AS RECOMMENDED BY THE HAWAII ISLAND PACKAGING SUSTAINABILITY INITIATIVE STAKEHOLDERS TASK FORCE Malama 808 and Literatti promote reduction and management of potential waste to decrease litter and its associated detrimental impacts to land and water. Reference: Comm. 1114 Intr. by: Ms. Wille Approve: EMC -9 Motion to Approve: Ms. Poindexter moved to adopt Res. 684-16 and Environmental Management Committee Report No. 9. Seconded by Ms. David. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Yeah, though I appreciate the spirit that this is introduced, I'm a little concerned when I looked into the Literatti and Malama 808. I like the spirit, I like the idea, but what I'm concerned about is who is supposed to monitor all of this. Is this just to explore it or are we expecting something to happen as an action? Because if we do, there will be personnel detailed to doing this and we're Page 13 Hawaii County Council -2 December 21, 2016 going to have to look at the cost of doing this. So, again, I'm new to the process but I'm concerned about the impact of what we're trying to get done here. I support the spirit, but I'm concerned about the actual application. ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: And, again, I see it as from the task force so, I just want to point that out. So, moving it forward, again, you know that we know it's just a resolution and, I think, some members had made comments on the other resolution about it coming from this task force. So, looking at it, I am going to be supporting it, thanks. ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Yes, this is in response to Mr. Richard's questions. Those are, basically, the same questions I asked at Committee and they were sufficiently addressed. Basically, this is a no cost thing to the County, there's a website, and we're going to be joining this group and they're going to be disseminating information. We're just a part of it. So, I think, we're okay. ACTING CHR. EOFF: Okay, thank you, any other comments? All in favor say, of adopting Resolution 684, please say "aye." Vote on Res. 684-16: The motion to adopt Res. 684-16 and adopt Environmental (2014-2016) Management Committee Report No. 9 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Res. 708-16: URGES THE COUNTY OF HAWAII TO ENCOURAGE (2014-2016) MANUFACTURING OF PACKAGING ON HAWAII ISLAND THAT IS ALIGNED WITH THE INTEGRATED RESOURCE SOLID WASTE MANAGEMENT PLAN (IRSWMP) AND ZERO WASTE POLICIES Encourages production of packaging as provided in Section 4.5.11 of the IRSWMP in order to achieve goals of zero waste. Reference: Comm. 1146 Intr. by: Mr. Paleka Approve: EMC -10 Page 14 Hawaii County Council -2 December 21, 2016 Motion to Approve: Ms. David moved to adopt Res. 708-16 and Environmental Management Committee Report No. 10. Seconded by Ms. Poindexter. ACTING CHR. EOFF: This was introduced by Mr. Paleka. Are there any discussion Council Members? There are some notes, if you look at the Committee Report, behind the resolution. After the discussion in Committee, it looks like we had a unanimous of those present, so any other discussion on this one, Council Members? Seeing none, then all in favor, of Resolution 708-16, please say "aye." Vote on Res. 708-16: The motion to adopt Res. 708-16 and adopt Environmental (2014-2016) Management Committee Report No. 10 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Res. 709-16: REQUESTS THE DEPARTMENTS OF ENVIRONMENTAL MANAGEMENT (2014-2016) AND RESEARCH AND DEVELOPMENT TO INITIATE A FEASIBILITY IMPACT STUDY RELATING TO EXTENDED PRODUCER RESPONSIBILITY AND INCENTIVES Requests that adequate staff and funding be provided for the feasibility study and that it be submitted for Council review by July 1, 2018. Reference: Comm. 1147 Intr. by: Mr. Paleka Approve: EMC -11 Motion to Approve: Ms. Poindexter moved to adopt Res. 709-16 and Environmental Management Committee Report No. 11. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say Ic aye. Page 15 Hawaii County Council -2 Vote on Res. 709-16 (2014-2016) (Adopted) December 21, 2016 The motion to adopt Res. 709-16 and adopt Environmental Management Committee Report No. 11 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Res. 13-16: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO PAY FOR COLUMBARIUM VASE FIXTURES Transfers $3,000 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm.2 Intr. by: Ms. Eoff Motion to Approve: Ms. Poindexter moved to adopt Res. 13-16. Seconded by Ms. David. ACTING CHR. EOFF: Thank you, Council Members. Mr. Grogan pretty much explained what this is. This is my contingency relief funds that I wanted to use to help purchase these vases for the columbarium for people who can't afford it. The West Hawaii Veterans Cemetery is in my district and its run by County Parks and Recreation, so we've contacted all the appropriate people to see if they can store them and use them for people who can't afford their own. So, I just ask for your support, any other comments? All in favor please say "aye." Vote on Res. 13-16: The motion to adopt Res. 13-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 16 Hawaii County Council -2 December 21, 2016 Res. 14-16: 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 COOPER CENTER COUNCIL TO ASSIST WITH ITS FRIENDS FEEDING FRIENDS COMMUNITY DINNER EVENT Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm.3 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 14-16. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, thank you. This is for a monthly Feeding Friends event that the Coopers Center does for the community. The resolution is pretty self- explanatory. They need help with funds to buy foods and supplies. They do a lot for that community and the greater community of Volcano, so I appreciate your support. ACTING CHR. EOFF: Okay, any other comments? Hearing none, all in favor please say "aye." Vote on Res. 14-16: The motion to adopt Res. 14-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 9. Noes: None. Absent: None. Excused: None. Page 17 Hawaii County Council -2 December 21, 2016 Res. 15-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH SCHOOL FOR THE 2017 ST. JOSEPH HIGH SCHOOL PROJECT GRAD Transfers $300 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm.4 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 15-16. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion, Mr. Chung? MR. CHUNG: Yes, just very briefly. I know all of you are going to support it, but in as much as in one of the testifiers, earlier today, made some comments about it. I just wanted to remind everyone how positive events are; it keeps kids off the streets and doing bad stuff doing graduation night. During my time, 40 years ago, I mean, yeah, this was a party night. These events bring in, I would say, the majority of the graduating population. My wife volunteers for these events every year and she said it's fantastic, just seeing everything that does. So, again, I ask for your support, you know, try to dispel any notions that this is a negative event. Thank you. ACTING CHR. EOFF: Okay, thank you, Mr. Chung. All in favor please say Ic aye. Vote on Res. 15-16: The motion to adopt Res. 15-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha —1. Excused: None. MR. HENRICKS: Madam Chair, I'm going to note that Mr. Kanuha is absent, at this time. ACTING CHR. EOFF: Oh, I'm sorry, that's right. Eight ayes, 1 excused. Page 18 Hawaii County Council -2 December 21, 2016 Res. 16-16: 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 WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2017 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $3,000 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Motion to Approve Vote on Res. 16-16 (Adopted) Reference: Comm.5 Intr. by: Mr. Chung Mr. Chung moved to adopt Res. 16-16. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? Ms. Lee Loy. MS. LEE LOY: I just really want to say thank you, to Mr. Chung. This particular high school is in my district. But I appreciate him sharing his contingency funds, which in essence is for our kids and keeping them safe that night. So, thank you so much. ACTING CHR. EOFF: Okay, thank you. All in favor, of Resolution 16-16, please say "aye." The motion to adopt Res. 16-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Res. 17-16: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2017 HILO HIGH SCHOOL PROJECT GRAD NIGHT Transfers $3,000 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm.6 Intr. by: Mr. Chung Page 19 Hawaii County Council -2 December 21, 2016 Motion to Approve: Mr. Chung moved to adopt Res. 17-16. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Is there any discussion? Seeing none, all in favor please say "aye." Vote on Res. 17-16: The motion to adopt Res. 17-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha —1. Excused: None. Res. 18-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A KILN FOR THE SENIOR CITIZENS CERAMIC CLASS AT THE NA`ALEHU COMMUNITY Transfers $4,528 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Parks and Recreation, Elderly Activities Division Special Program Equipment account. Reference: Comm.8 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 18-16. Seconded by Ms. Ruggles. ACTING CHR. EOFF: Any discussion? MS. DAVID: Yes, thank you. I really believe that these programs for our seniors are very important for our community and our island. I really thank the ladies for coming all the way from N5'51ehu to testify in favor of this and support this resolution. And I ask for your support, as well, mahalo. ACTING CHR. EOFF: Okay, thank you, then any other discussion? Seeing none, all in favor please say "aye." Page 20 Hawaii County Council -2 Vote on Res. 18-16 (Adopted) The motion to adopt Res. 18-16 was carried by the following voice vote: December 21, 2016 Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Res. 19-16: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO REFURBISH THE HAWAII FIRE DEPARTMENT'S RADON RESCUE BOAT Transfers $4,000 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Hawaii Fire Department, Protection - Other Current Expenses account. Reference: Comm.9 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 19-16. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Any discussion? MS. DAVID: Yes, I just want to ask for your support. Mr. and Mrs. Sayre did a great justification for this; there's really no need to justify this. So, I ask for your support, thank you. ACTING CHR. EOFF: Okay. Thank you, Ms. David, any other comments? Seeing none, all in favor please say "aye." Vote on Res. 19-16: The motion to adopt Res. 19-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha —1. Excused: None. Page 21 Hawaii County Council -2 December 21, 2016 Res. 20-16: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO ASSIST WITH RESTORATION EXPENSES FOR THE HAWAII FIRE DEPARTMENT'S FRONT LINE RADON RESCUE BOAT Transfers $4,000 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Hawaii Fire Department, Protection - Other Current Expenses account. Reference: Comm. 10 Intr. by: Mr. Kanuha Motion to Approve: Mr. Richards moved to adopt Res. 20-16. Seconded by Ms. Poindexter. ACTING CHR. EOFF: This one and the next one were all the same as the one Ms. David commented on. So, if there are no other comments, I will go ahead and ask for all in favor? Vote on Res. 20-16: The motion to adopt Res. 20-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha —1. Excused: None. ACTING CHR. EOFF: Just briefly, Mr. Brian Nishimara is in Hilo for Bill 258, but we're moving so rapidly, I think I will just continue down the agenda and see if we can get done. Thank you, Sir. It won't be too much longer. Page 22 Hawaii County Council -2 December 21, 2016 Res. 21-16: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO ASSIST WITH RESTORATION EXPENSES FOR THE HAWAII FIRE DEPARTMENT'S FRONT LINE RADON RESCUE BOAT Transfers $4,000 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Hawaii Fire Department, Protection - Other Current Expenses account. Reference: Comm. II Intr. by: Ms. Eoff Motion to Approve: Ms. Poindexter moved to adopt Res. 21-16. Seconded by Ms. David. ACTING CHR. EOFF: All in favor please say "aye." Vote on Res. 21-16: The motion to adopt Res. 21-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Res. 22-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HILO MEDICAL CENTER (HMC), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO PROVIDE TRAINING COURSES FOR HAWAII FIRE DEPARTMENT PARAMEDICS American Heart Association courses will be taught at HMC's Simulation Learning and Training Center. Reference: Comm. 12 Intr. by: Ms. Eoff (B/R) Waived: FC Motion to Approve: Ms. Poindexter moved to adopt Res. 22-16. Seconded by Ms. David. Page 23 Hawaii County Council -2 Vote on Res. 22-16 (Adopted) BILLS FOR ORDINANCES (FIRST READING): Bill 255: (2014-2016) December 21, 2016 ACTING CHR. EOFF: Yes, this was asked to be waived from Committee, per the Fire Department. It's a pilot program with Hilo Medical Center for training Paramedics. So this just allows us to continue that training program. So, I ask for your support, any other discussion? All in favor please say "aye." The motion to adopt Res. 22-16 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, Intr. by: O'Hara, Poindexter, Ruggles, Richards, and Approve: Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha —1. Excused: None. The Chair directed the Council to proceed to the next order of business, Bills for Ordinances (First Reading). AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1. 2016. TO JUNE 30. 2017 Adds the Parks and Recreation Pana`ewa Equestrian Center Repairs/Improvements - County project for $150,000 to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($150,000). Funds would be used for renovations, improvements, and upgrades to the Pana`ewa Equestrian Center. Reference: Comm. 1150 Intr. by: Ms. Eoff Approve: FC -83 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. O'Hara moved to pass Bill 255 on first reading and adopt Finance Committee Report No. 83. Seconded by Mr. Richards. ACTING CHR. EOFF: Are there any questions or comments? Seeing none then, all in favor please say "aye." Page 24 Hawaii County Council -2 Vote on Bill 255 (Approved) December 21, 2016 The motion to pass Bill 255 on first reading and adopt Finance Committee Report No. 83 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Bill 258: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2014-2016) 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 — 10,000 SQUARE FEET (CN -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004 (Applicants: Robert S. and Carol Oshiro) (Area: 1 acre) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow for the construction of a new 2,280 square foot restaurant. Reference: Comm. 1154 Intr. by: Mr. Eagan (B/R) Approve: PC -82 Motion to Approve: Ms. Poindexter moved to pass Bill 258 on first reading and adopt Planning Committee Report No. 82. Seconded by Ms. David. ACTING CHR. EOFF: This was approved by the Windward Planning Commission and it was given unanimous from our Committee on Planning. Are there any questions or comments? Seeing none, all in favor please say "aye." Vote on Bill 258: The motion to pass Bill 258 on first reading and adopt (Approved) Planning Committee Report No. 82 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Page 25 Hawaii County Council -2 December 21, 2016 Bill 267: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII (2014-2016) COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Schedule 5 (35 mile per hour limit) by revising a portion of Kuakini Highway, Subsection (f), Kona. Reference: Comm. 1177 Intr. by: Ms. Poindexter Approve: PWPRC-56 Motion to Approve: Ms. Poindexter moved to pass Bill 267 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 56. Seconded by Ms. David. ACTING CHR. EOFF: Any comments or questions? Seeing none, all in favor please say "aye." Vote on Bill 267: The motion to pass Bill 267 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 56 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Bill 268: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII (2014-2016) COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Schedule 8 (45 mile per hour limit) by revising a portion of Kuakini Highway, Subsection (f), Kona. Reference: Comm. 1178 Intr. by: Ms. Poindexter Approve: PWPRC-57 Motion to Approve: Ms. Poindexter moved to pass Bill 268 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 57. Seconded by Ms. David. ACTING CHR. EOFF: Any comments? Seeing none, all in favor please say Ic aye. Page 26 Hawaii County Council -2 Vote on Bill 268 (Approved) December 21, 2016 The motion to pass Bill 268 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 57 was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Bill 1: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants — Traffic Safety Training Project account ($121,444.70); and appropriates the same to the Traffic Safety Training Project account. These funds would bring the total amount of the State Department of Transportation's Highway Safety Grant to $136,444.70 and would be used by the Prosecuting Attorney's Office. Reference: Comm. 13 Intr. by: Ms. Eoff (B/R) Waived: FC Motion to Approve: Ms. Poindexter moved to pass Bill 1 on first reading. Seconded by Ms. David. ACTING CHR. EOFF: Okay, this is a grant coming into the County. So, I am asking for your support. It's for safety training program through the Prosecutor's Office, any questions or comments? Mr. Richards. MR. RICHARDS: Yeah, so question. So understanding this funding now becomes available and we need to amend the budget, is that essentially what we're doing here? ACTING CHR. EOFF: Exactly, it amends the Operating Budget for incoming grant monies. MR. RICHARDS: Okay, thank you. ACTING CHR. EOFF: Okay, thank you. All in favor please say "aye." Page 27 Hawaii County Council -2 December 21, 2016 Vote on Bill 1: The motion to pass Bill 1 on first reading and was carried (Approved) by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. 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): Bill 261: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC (2014-2016) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Establishes the following program appropriations to the Capital Budget: Roadway Projects (Engineering) ($526,763.76); and Bridge Inspection, Repair, and Replacement Program (Engineering) ($277,748.11). Funds for these appropriations shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund. Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 1162 Intr. by: Ms. Eoff First Reading: November 16, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 261 on second and final reading. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Council Members, we did discuss this and we heard from Deputy Director of Public Works in our first reading of this bill, but I urge you to support this. It is fuel tax revenues going to roadways and bridge improvements, so any questions or comments? Oh, Mr. Richards. MR. RICHARDS: Can't push the button fast enough, sorry. Just, again, verifying. Is this my understanding; these are fuel tax dollars that were higher than initially anticipated, is that my understanding? Page 28 Hawaii County Council -2 Vote on Bill 261 (Approved) December 21, 2016 ACTING CHR. EOFF: Yes and they were coming from lapsed fuel tax from, I guess, the fiscal year 2010-2012, actually. So, they get re -appropriated. MR. RICHARDS: Okay, so a re -appropriation of funds collected already? ACTING CHR. EOFF: Correct. MR. RICHARDS: Thank you. ACTING CHR. EOFF: Deanna, did you want to say anything or are we okay, I`m sorry, Ms. Sako, Deputy Finance Director? (Note: At this time, Deputy Finance Director Deanna Sako came forward to address the Council.) MS. SAKO: Hi, Deanna Sako, Deputy Finance Director. I'm sorry, you guys whizzed through the agenda this morning. Each bill is a little different, but this first bill is yes, fuel tax 1012. We weren't able to spend the money in time, so we're just re -appropriating it so the department can spend it for the same projects that were in the original appropriation, as well. ACTING CHR. EOFF: Okay, thank you. Can you stay there in case there are questions for the next bills? All in favor, of Bill 261, please say "aye." The motion to pass Bill 261 on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Page 29 Hawaii County Council -2 December 21, 2016 Bill 262: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC (2014-2016) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Establishes the following program appropriations to the Capital Budget: TEA -21 Projects (Federal Aid) ($108,311.10) and Local Road Improvements ($108,311.10). Funds for these appropriations shall be provided from fuel tax revenue in excess of what was projected in Ordinance 15-23. Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 1163 Intr. by: Ms. Eoff First Reading: November 16, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. Poindexter moved to pass Bill 262 on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Any questions, Council Members, for Ms. Sako or for anybody? Ms. Ruggles. MS. RUGGLES: Thank you. I just want to make sure I am reading this clearly. It says here that out of the excess revenue, Puna paid 20 percent. I'm looking at the road improvement projects. I was just wondering how were these roads were selected? ACTING CHR. EOFF: Ms. Sako, can you answer that? MS. SAKO: Yes, this is the allocation on the last page. So, 20 percent is going to Puna roads and it's a system of total miles of County roads in each district, as well as the price for the materials to pave the roads. There's a formula that's prepared and so, 20 percent goes to Puna. In this case, it's a re -appropriation, so it can also just be that they didn't get as much paving done in their area during the time period. So, their paving will be coming up soon. MS. RUGGLES: Thank you, Ms. Sako. ACTING CHR. EOFF: Any other questions? Seeing none, all in favor please say Ic aye. Page 30 Hawaii County Council -2 Vote on Bill 262 (Approved) December 21, 2016 The motion to pass Bill 262 on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Bill 263: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING (2014-2016) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Appropriates revenues in the Fund Balance From Previous Year - Reserved account ($220,565.72); and appropriates the same to the Transfer to Capital Projects Fund - Highway account. This fiscal year 2015-2016 excess fuel tax revenues would be expended by the Department of Public Works. Reference: Comm. 1164 Intr. by: Ms. Eoff First Reading: November 16, 2016 Motion to Approve: Ms. Poindexter moved to pass Bill 263 on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Any questions or discussion? Seeing none, all in favor please say "aye." Vote on Bill 263: The motion to pass Bill 263 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Page 31 Hawaii County Council -2 December 21, 2016 Bill 264: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC (2014-2016) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Establishes the following program appropriations to the Capital Budget: Roadway Projects (Engineering) ($2 million); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1.4 million); and Local Road Improvements (Highways) ($3.4 million). Funds for these appropriations shall be provided from the portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 1165 Intr. by: Ms. Eoff First Reading: November 16, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 264 on second and final reading. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Council Members, this one, I believe, is projected revenue. Is that correct, Ms. Sako. MS. SAKO: Yes, it is. We are entering a new biennium for 2016-2018 fuel tax period and so it is what we project to collect over the two-year period. So, we're asking for it to be appropriated. You will notice that most of the projects are the same, as in 2014-2016 biennium periods, because it usually takes more than on biennium period to get enough to do some of these projects. ACTING CHR. EOFF: Thank you, any questions? Thank you, Ms. Sako, for being here. All in favor, of Bill 264, say "aye." Vote on Bill 264: The motion to pass Bill 264 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Kanuha — 1. Excused: None. Page 32 Hawaii County Council -2 December 21, 2016 REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were 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.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 11:16 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Lee Loy, O'Hara, Poindexter, Ruggles, Richards, and Acting Chair Eoff — 8. Noes: None. Absent Council Member Kanuha— 1. Excused: None. ACTING CHR.: EOFF: Our meeting is adjourned. I wanted to thank you, Council Members, and wish you a Happy New Year, a Merry Christmas, and we'll see you next year. MAR 08 2017 Council Approval: CO TY CLERK SMislm Page 33