HomeMy WebLinkAboutMIN COUNCIL 2017-01-05 2016-2018
HAWAI‘I COUNTY COUNCIL
rd
3 Session
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i
January 5, 2017
INVOCATION: Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin gave the morning’s
invocation.
CALL TO The regular meeting of the Hawai‘i County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Hilo, 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 Pro-Tem directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Lee Loy led the Council in the Pledge of Allegiance.)
PETITIONS, The Chair Pro-Tem directed the Council to the next order of business, Report of
MEMORIALS, Credentials Committee.
CERTIFICATES
OF MERIT, AND
EXPRESSIONS OF
CONDOLENCE: (There were none.)
Hawai‘i County Council-3 January 5, 2017
STATEMENTS The Chair Pro-Tem directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Teresa L. Nakama: Res. 28-17 (Comm. 26); and
Res. 29-17 (Comm. 27), in opposition.
Charles Young: Res. 28-17 (Comm. 26); and
(representing West Hawai‘i Res. 29-17 (Comm. 27), in support.
Fisheries Council – KUPA)
Robert Nishimoto: Comm. 30, comment.
Horace Farr: Comm. 31, in support.
Bob Williams: Comm. 30;
(representing Hawai‘i Island Vets) Comm. 31;
Comm. 32;
Comm. 33;
Comm. 34;
Comm. 35; and
Comm. 36, comment
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. 30: APPOINTMENT OF MICHAEL YEE AS PLANNING DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: PC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
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Hawai‘i County Council-3 January 5, 2017
Vote on Comm. 30: Mr. Richards made a motion to confirm the appointment of
(Approved) Mr. Michael Yee as Planning Director. Seconded by
Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 31: APPOINTMENT OF COLLINS TOMEI AS FINANCE DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: FC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
Vote on Comm. 31: Ms. Eoff made a motion to confirm the appointment of
(Approved) Mr. Collins Tomei as Finance Director. Seconded by
Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 32: APPOINTMENT OF DIANE LEY AS RESEARCH AND DEVELOPMENT
DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: GREDC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
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Hawai‘i County Council-3 January 5, 2017
Vote on Comm. 32: Ms. O’Hara made a motion to confirm the appointment of
(Approved) Ms. Diane Ley as Research and Development Director.
Seconded by Ms. Eoff and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 33: APPOINTMENT OF JULES UNG AS INFORMATION TECHNOLOGY
DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: GREDC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
Vote on Comm. 33: Ms. David made a motion to confirm the appointment of
(Approved) Ms. Jules Ung as Information Technology Director.
Seconded by Ms. O’Hara and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 34: APPOINTMENT OF FRANK DEMARCO AS PUBLIC WORKS DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: PWPRC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
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Hawai‘i County Council-3 January 5, 2017
Vote on Comm. 34: Ms. David made a motion to confirm the appointment of
(Approved) Mr. Frank DeMarco as Public Works Director. Seconded by
Ms. Eoff and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Recess: At 11:19 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:34 a.m.
Comm. 35: APPOINTMENT OF CHARMAINE KAMAKA AS PARKS AND
RECREATION DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: PWPRC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
Vote on Comm. 35: Mr. Richards made a motion to confirm the appointment of
(Approved) Ms. Charmaine Kamaka as Parks and Recreation Director.
Seconded by Ms. David and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 36: APPOINTMENT OF WILLIAM KUCHARSKI AS ENVIRONMENTAL
MANAGEMENT DIRECTOR
From Mayor Harry Kim, dated December 13, 2016, submitting for the Council’s
review and confirmation the above appointment.
Waived: EMC
Confirm by: February 2, 2017 (Section 13-8,
Hawai‘i County Charter)
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Hawai‘i County Council-3 January 5, 2017
Vote on Comm. 36: Ms. Eoff made a motion to confirm the appointment of
(Approved) Mr. William Kucharski as Environmental Management
Director. Seconded by Ms. O’Hara and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles,
Richards, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
(Council Members spoke in favor of the appointments.)
Recess: At 12:26 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:36 p.m.
CHR. POINDEXTER: Mr. Clerk, will you please read in Resolution 25-17?
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. 25-17: 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 THE
HAWAI‘I FIRE DEPARTMENT WITH REFURBISHING ITS RADON
RESCUE BOAT
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Hawai‘i Fire Department, Protection
Other Current Expenses account.
Reference: Comm. 23
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Eoff moved to adopt Resolution 25-17. Seconded by
Ms. David.
(Note: At this time, Battalion Chief Gerald Kosaki came forward to
address the Council.)
MR. KOSAKI: Okay, perfect, thank you. First of all, my name is Gerald Kosaki,
Battalion Chief in the Hawai‘i Fire Department. I oversee what is called Special
Operations, which is fortunate enough to oversee three different divisions, which
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Hawai‘i County Council-3 January 5, 2017
is Hazmat (Hazardous Materials Response), second is Rescue, and the third is
Ocean Safety. So this donation to the Sayre Foundation is in regards to helping to
complete the refurbishment of the Radon Boat, which we use as our primary
rescue boat in Kailua-Kona.
CHR. POINDEXTER: Any questions or discussion, Council Member Eoff?
MS. EOFF: Thank you. Yes, and I know that several of us have also contributed
to this. I just wanted to thank you for helping us coordinate and being able to
share in the cost of getting the radon refurbished and up to speed. Also, the
Sayre’s aren’t here today, but I will shout out to them too for their part in raising
most or the bulk of the money through their foundation.
CHR. POINDEXTER: Any other discussion? Hearing or seeing none, all those
in favor, of approving Resolution 25-17, say “aye.”
Vote on Res. 25-17: The motion to adopt Res. 25-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, please read in Resolution 32-17.
Res. 32-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SUPPLIES,
EQUIPMENT AND EQUIPMENT REPAIR FOR USE BY THE HAWAI‘I
FIRE DEPARTMENT’S RESCUE AND OCEAN SAFETY PROGRAMS
Donated by the Daniel Sayre Memorial Foundation, with an estimated total value
of $81,308.30, to be used by the Hawai‘i Fire Department.
Reference: Comm. 41
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Resolution 32-17. Seconded by
Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, Chair. Chief Kosaki, can you give us a brief
explanation on this funding.
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Hawai‘i County Council-3 January 5, 2017
(Note: At this time, Battalion Chief Gerald Kosaki came forward to
address the Council.)
MR. KOSAKI: Yes, thank you. First of all, again, I’d like to congratulate all of
you who got either re-elected or elected to the Council. I’ve worked with a lot of
you in the past, but there are a couple of you who I haven’t worked with or have
met before.
Just to give you a slight summary of the background for the Sayre Foundation.
Approximately 20 years ago, there was an incident where a boy about 20 years
old was taking some pictures out in the valley and he apparently fell. Once we
located the body, we found that it was in an area that was really inaccessible by
ground and when we tried to get to it by air, we found that it was too far in a
remote area that the chopper couldn’t get low enough. So we not having the
proper equipment, we had to make shift or put a long line on the helicopter and
slung in two of our personnel to go in and retrieve the body and it was putting our
rescuers at risk. And because of this, the family was so grateful to have closure
and was able to retrieve the body. They decided they wanted to do something for
the department. So that nobody else would have to go through such a traumatic
event and hopefully they wouldn’t put our rescuers at risk, by having the proper
equipment.
So, Frank and Laura Sayre developed this foundation called the Daniel Sayre
Foundation. They developed it to try and bring more money or try to solicit
money from the community to get more equipment and proper equipment for the
Fire Department, especially the rescue personnel. They initially started the
foundation thinking they would get some equipment or whatever we can get for
the department. But in the last 20 years, it has grown so immensely that to date
they have donated, through the community donations, more than a million dollars
to the department. I was lucky enough to come into my position in 2009 and
since then, have been working closely with Laura Mallery-Sayre. And I have
come to be really close to them and have known them as people; they are so nice,
as all of you who have met them know. And probably all of you will have the
chance to meet them in the future.
Every year they have this awards dinner that they present awards to certain
individuals in the Fire Department for outstanding or duties that they go above
and beyond. They have a dinner, which is during the Labor Day holiday. But at
that dinner, Laura Sayre, those of you who have attended know how passionate
she is about our department and our County. And she really pushes and pleads for
more money. I feel bad when she does that, really, because we don’t have any
money and we’re the poor child who doesn’t have any money and we need money,
whatever money we can get. But, you know, I wouldn’t dare tell you that you
don’t have to do that, but I just feel bad because she works so hard for our
department. And so, this donation comes from several other agencies or other
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Hawai‘i County Council-3 January 5, 2017
companies that have donated and they all hear about the Sayre Foundation and
that is a good avenue as a 501(c)(3) non-profit organization for them to have that
avenue for the money to come into the department. So they give it to the Sayre
Foundation, donate it to them, and then from the Sayre Foundation, it comes to us.
So this $81,000 is not only from the Sayres’ that are giving us their personal
money, but it’s from the community who donates. And some is like the Janet and
Grant Miller and another one that just donated was the Rotary Club of Kona
mauka, who donated the part of the PA (public address) systems.
So if you look at the resolution, things that stand out, of course, one that we really
was in need of over $48,000 dollars was the repair or refurbishment of the radon
boat, of which the Sayre Foundation drummed up over $20,000 and thanks to the
rest of some of the Council Members, who had made up the difference of $18,000,
which I thank you again. Other things on here that stand out are swift-water
equipment. And when we talk about swift-water, we say in Hawai‘i we don’t
have too much swift-water; right? But what we use it for is the Boiling Pots of
Wailuku River, which every year we end up looking for bodies or a body or
somebody in distress there. And if we don’t have the proper equipment and we
go in, it puts our personnel at risk, too. Another one is the confined space rescue
kit, it’s in the wrong column, but it’s over $16,000, and that’s a hard-wired
communication systems. If our personnel needs to go into a confined space and
they would have active communications to the personnel in there, while the
command is outside. Currently what we use is just a rope, and they bring in a
rope, and we just use the tugs of the rope to determine communications. So if one
tug, we say oh, we’re okay. Two tugs, we say oh, we’re going to advance the line.
So it seems like a prehistoric way of doing it, but that is a really well-known way
to communicate, if we don’t have any hard-wired communications. So that is part
of this, too and some others are the PA system.
We also have, third from the bottom, is the waterproof case for our headset or
electronic microphone. What that is for is our jet ski program or the rescue
watercraft, where we can have our radio. It hooks up to our radio system. The
radio system is in a water-proof backpack that they carry on with the ear phones,
that they can communicate with while operating the jet ski. If they go underwater
or the wave turns them over, even underwater, it will be protected. So they can
come up and still communicate. And another plus for that is while they are
responding, and you know how loud it is on the water, with the jet ski going,
since it is right in their ear. And if dispatch needs to contact them for any reason
or the incident commander needs to contact them, they’ll be able to contact them
and they’ll hear it. Because, basically, they have a bag holding the radio and
while responding if you are trying to contact them, they may not be able to hear it.
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Hawai‘i County Council-3 January 5, 2017
So in summary, there is a lot of money that is being donated from the Sayre
Foundation. And, you know, a lot of people ask, why do you need money from
the Sayre Foundation to buy your equipment, can’t the County provide your
equipment or can’t the County pay for it? Yes, we do have a budget in the
County, but like anything, we don’t have an infinite budget. Everything is finite,
so we purchased equipment and purchase things for maintenance. But as you
know, things get worn-out, and we need to replace things, and we need to
maintain things. There is a lot of new technology that always comes out, which
we want to purchase, but a lot of times we cannot because of our finite budget.
So this Sayre Foundation really has been a godsend for us, as a department and as
a County. When other counties and jurisdictions hear about the Sayre Foundation,
they all try to tap into the information from Laura and Frank and ask how they can
create something like that in their own jurisdiction. But again, thank you. I’m
open to questions, if you have.
CHR. POINDEXTER: Thank you. Council Member David, you still have the
floor.
MS. DAVID: Thank you, Chief Kosaki. I just want to say personally, to Frank
and Laura Sayre, that there are no words to express our gratitude in all of the
years that they have been doing this to protect the citizens of this County. So, I
want to thank you folks for working so closely with the Sayre Foundation and I
look forward to the next event in September. Mahalo.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Chief, thanks for that explanation and the background of the
Sayre Foundation. For clarification for myself, Daniel Sayre, is that who you all
went to go pick up on the long line, is that who it was?
MR. KOSAKI: Yes, that’s correct.
MR. RICHARDS: Okay, thank you.
CHR. POINDEXTER: Council Member Eoff.
MS. EOFF: Yes, I just wanted to thank you for always working with the Sayres’
and, of course, to them, for having made such a beautiful relationship out of a
terrible accident or experience. So, all in all in kind of benefited everybody.
CHR. POINDEXTER: Okay. So, all those in favor, of Resolution 32-17, please
say “aye.”
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Hawai‘i County Council-3 January 5, 2017
Vote on Res. 32-17: The motion to adopt Res. 32-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Aaron is excused and he asked that we take his really
quickly, but I am going to wait until he gets back, if he is coming back. I know
he had to leave. Okay, so, we’ll just go out of order to Resolution 28-17.
Res. 28-17: 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
MALAMA KAI FOUNDATION TO ASSIST THE WEST HAWAI‘I
FISHERY COUNCIL’S EFFORTS TO PROTECT AND PRESERVE THE
WEST HAWAIʻI COAST
Transfers $2,666 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 26
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Resolution 28-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Eoff.
MS. EOFF: Thank you, Council Members. I’m just going to ask for your support.
This is district contingency funds of $2,666. The reason it’s this amount is to be
added to an amount that Ms. Wille had contributed prior to leaving office. And, I
believe, Ms. David has a reso coming up right after this one and putting it all
together, we’re able to help better protect the health of West Hawai‘i reef and
eco-system. I wanted to thank the testifiers for coming forward today. I’m sorry
we’ve had you stay so long, but hopefully you understand that although your
statements are correct about who funds what aspects of government, there is often
times a way to overlap our support. And I feel this is a County related project. It
goes through quite a bit of scrutiny before it comes to the agenda, so it’s been
approved not only by the mayor but the departments. It fits the goals and
objectives of the department that accepted the funds and it will be carefully
monitored and used for the purposes that are stated. So, I’m going to leave it at
that. I don’t know if Ms. David has something to add, mahalo.
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Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, mahalo. I would like to thank, Teresa, for coming this
morning and Mr. Young, for giving us an explanation of the differences between
programs such as this. What Ms. Eoff had represented is that we were asked,
when Ms. Wille came forward before she left office, to help with this educational
outreach program for the West Hawai‘i Fisheries. And I think Mr. Young
explained the purpose behind this request and is contingency funding, which I
understand Ms. Nakama’s testimony, that these funds should be better spent with
our parks and road repairs, et cetera. But this is contingency funding that we
Council Members fund programs that benefit the community as a whole and not
big, large projects, such as park improvements and such. So thank you so much,
for your testimony this morning and I likewise ask for your support for this
resolution. Thank you.
CHR. POINDEXTER: Any other discussion? Council Member Kanuha.
MR. KANUHA: Thank you. I am going to be supporting this. I just have a
question and I don’t know who to pose it to? You know, because this is made by
State Law, am I correct—yes, come, please. I know this is from DLNR
(Department of Land and Natural Resources) or aquatic resources, correct?
(Note: At this time, Charles Young of the West Hawai‘i Fisheries
Council came forward to address the Council.)
MR. YOUNG: That is correct. Charles Young. I can provide you a full
background on the Council, if you want.
MR. KANUHA: Where I’m getting to, basically, is, you know, we have our own
funding sources to provide funding for parks and whatever we feel is a service
that usually the Counties provide that we maybe not have budgeted in a certain
way for us to provide that for our community, you know, in case of lack of
funding. I know this is a State Commission, I guess, you want to say, and they
provide the funding for a secretary, correct?
MR. YOUNG: All of our funding has come through grants.
MR. KANUHA: Oh, everything comes through grants?
MR. YOUNG: The State has never funded this Council, although it created it in
law. We have been on a volunteer basis and the initial funding came from the
castle foundation originally. And it funds the very bare minimum in
administrative costs, but it does not permit us enough funding so that we can
properly outreach into the communities.
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Hawai‘i County Council-3 January 5, 2017
MR. KANUHA: Got it and I’m all for the outreach in the communities. I
remember talking or getting the background before, of what more can you do
within this West Hawai‘i Fishery district? And I completely believe in the
mission of going out into the different communities and getting more information.
Because it’s very difficult to get information where everybody has to go to one
place from Upolu Point, Kawaihae, if you come to Kailua then go to the meeting
to have input is extremely difficult. And like Miloli‘i, any kinds of these
communities, so I believe that the outreach is important.
I think it’s okay that we, as a County, provide that funding to get that out, because
I think it’s a real good thing that is happening. It’s just—it’s frustrating for me to
see the State not providing funds for a mandate basically, a law. It’s like we have
been talking about all the time, these unfunded mandates. It’s something
frustrating from the County’s side and I’m sure you are feeling the frustration and
why you are coming to us. So I just wanted to state that and basically, I do
support this. I did want to compliment the testifier previously about some issues
that were brought up. And, you know, I don’t know if they have any questions
later on that you all might ask the rest of the Council. Is there anything that you
wanted add to what was said previously?
MR. YOUNG: Yeah, the Council actually came to being in 2000, so it’s been 16
years since this Council. And there are quite a number of achievements it has
completed. The West Hawai‘i Fishery Council supported the establishment of
FRA’s, which are Fish Replenishment Areas along the coastline, within the West
Hawai‘i fishery management area. So we’re very specific. We’re only looking at
a portion of Hawai‘i island, and that’s West Hawai‘i, very specific. And within
that, we were able to designate 37 percent of the coastline, as a fish replenish area,
where there is no aquarium fish collecting permitted. And this allows the
aquarium fish collected to replenish themselves. And even the aquarium fish
collectors lauded that because now they actually have more stock because there
are areas that are breeding the stock.
We also helped to create and I shouldn’t say—we’re not a decision maker, we
recommend to the DAR (Division of Aquatic Resources), but we do this with
ample public input and that’s the forum we provide for the public that is not there.
Otherwise you are going to go through chapter 91, which can be a very long and
intimidating process to go through DAR rule-making. What we do is we take this
input on a monthly basis and if people are, you know, willing to come to the
meetings so we can advise DAR well ahead of time. But also, there is a White
List now that limits the amount of aquarium fish you can collect by species.
There are bans on scuba diving night time, fishing with spear fish because of the
depletion of certain species that are easily caught at night.
So, the West Hawai‘i Fishery Council has been advising DAR on these rule
makings for a long period of time. So it has an established record, but any time
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Hawai‘i County Council-3 January 5, 2017
you get involved with these kinds of controversies, you are going to get criticism
as well. So, I understand that some people feel that maybe the Council doesn’t
function to suit their best needs, but we are all volunteers and community
members. The membership is comprised of folks like myself and I represent a
region, I represent Hoʻokena and part of South Kona. We have someone from
Miloli‘i that represents Miloli‘i. But we also have members on the Council that
come from the commercial aspects of the industry; fish farms. We have biologists
and scientists on the committee, as well. So we try to keep the Council well-
rounded, in terms of its expertise.
Because we haven’t been able to get out into the community adequately, we suffer
in two ways. Not only do we not get input from the community that is really
necessary, and they end up then having to go through Chapter 91 process, which
can be very intimidating. But also, we haven’t been able to keep our membership
strong because we’re just not there. And we cannot expect people to come to
Kailua from Kohala or even from Miloli‘i to meet, it’s just too great of a distance.
We owe it to the community to get to them and our strategic plan over the last
couple of years is to be effective, we have to do more of this. We are frustrated
and disappointed that the State is not sharing that burden of at least trying to fund
us. And, again, we are very thankful that the County is at least undertaking these
resolutions.
MR. KANUHA: Thank you and just real quickly, how much money were you
asking for?
MR. YOUNG: We had budgeted, to do the work that we anticipate doing over
the next year, about $7,300.
MR. KANUHA: Okay, thank you.
CHR. POINDEXTER: Thank you. Council Member Richards.
MR. RICHARDS: Thank you and thank you, Mr. Young, for your explanation
and clarification. I have some constituents concerned about the use of these funds
for putting in moorings. As I read through this, this is specific towards, and I’ll
use the term “clerical support.” Looks like website and looks like communication
and also outreach to the community, but mainly clerical support of your Council
going forward. Is that what I’m hearing? Is that the understanding that none of
these funds will be directed towards mooring? Is that a correct statement?
One of the mandates of the West Hawai‘i Fishery Council was to resolve, initially
in its inception way back in 2000, to help resolve the issues of mooring. So that
is—we’re not here to add moorings or detract or dissolve some of them, because
as you know, there are many illegal moorings out there. That is an issue for
DOBOR (Division of Boating and Ocean Recreation) to settle. We provide the
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Hawai‘i County Council-3 January 5, 2017
public forum so we can meet with DOBOR and the communities involved, so we
can resolve the issues of the moorings. We’re not in favor or opposed to them,
what we’re here to do is to hear the community input and then make
recommendations to DAR as to what the community—so the moorings are one of
our mandates. But the funds are not directed at pro or con on moorings, it’s really
to help us with the administrative costs so we can do the outreach and get the
communities’ input, on subjects such as mooring.
MR. RICHARDS: Okay, thank you.
CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those
in favor, of Resolution 28-17, please say “aye.”
Vote on Res. 28-17: The motion to adopt Res. 28-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, will you please read in Resolution 29-17.
Res. 29-17: 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
MALAMA KAI FOUNDATION TO ASSIST THE WEST HAWAI‘I FISHERY
COUNCIL WITH PROTECTING AND PRESERVING THE COAST OFF OF
WEST HAWAIʻI
Transfers $2,666 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 27
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Resolution 29-17. Seconded by
Ms. O’Hara.
CHR. POINDEXTER: Council Member David.
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Hawai‘i County Council-3 January 5, 2017
MS. DAVID: Thank you, Chair. And I want to thank, Mr. Young and
Ms. Nakama, for their testimonies this morning and, especially, for clarifying
some of the points that were raised. It’s the same resolution as Ms. Eoff and I
appreciate your support, mahalo.
CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those
in favor say “aye.”
Vote on Res. 29-17: The motion to adopt Res. 29-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Can I ask the Council if we should just forge ahead and
go to the top of the agenda and finish this quickly or do you all want to break for
lunch? I think it will be pretty quick, but can I get some opinions? Do you think
it’s pretty quick? Okay, so Mr. Clerk, please read in Resolution 23-17.
Return to Order of The Chair directed the Council to return to the order of business.
Business:
ORDER OF The Chair Pro-Tem directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 23-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE HAWAI‘I ISLE POLICE
ACTIVITIES LEAGUE (HI-PAL) BOXING PROGRAM IN WEST HAWAI‘I
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Police Department, HI-PAL Other Current
Expenses account.
Reference: Comm. 20
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Resolution 23-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Eoff.
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Hawai‘i County Council-3 January 5, 2017
MS. EOFF: Thank you. I just ask for your support to get this program going for
the west side of the island. I think it’s pretty self-explanatory.
CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those
in favor say “aye.”
Vote on Res. 23-17: The motion to adopt Res. 23-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 24-17.
Res. 24-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR THREE TRUCKAT TRUCK-MOUNTED MOWERS
WITH MULCHING UNIT ATTACHMENTS
Authorizes the Mayor to enter into a five-year agreement for three Truckat truck-
mounted mowers to be used by the Department of Public Works, Highways
Division, in Kohala, Kona, and Puna.
Reference: Comm. 21
Intr. by: Ms. Eoff (B/R)
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Resolution 24-17. Seconded by
Ms. David.
CHR. POINDEXTER: Is there any other discussion? Seeing or hearing none, all
those in favor say “aye.”
Vote on Res. 24-17: The motion to adopt Res. 24-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
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Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Resolution 26-17.
Res. 26-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE HONOMŪ COMMUNITY
CHRISTMAS CELEBRATION
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Parks and Recreation, Recreation Division
Other Current Expenses account.
Reference: Comm. 24
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Eoff moved to adopt Resolution 26-17. Seconded by
Ms. David.
CHR. POINDEXTER: Is there any other discussion? Okay, I just ask for your
support, it’s self-explanatory. All those in favor say “aye.”
Vote on Res. 26-17: The motion to adopt Res. 26-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 27-17.
Res. 27-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE HᾹMᾹKUA SENIORS FIRE
SAFETY EDUCATION FAIR
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Parks and Recreation, Elderly Activities
Division Other Current Expenses account.
Reference: Comm. 25
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Eoff moved to adopt Resolution 27-17. Seconded by
Ms. David.
Page 18
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Is there any other discussion? Okay, I think it’s self-
explanatory and ask for your support. All those in favor say “aye.”
Vote on Res. 27-17: The motion to adopt Res. 27-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Res. 30-17: 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
HAWAI‘I COUNTY ECONOMIC OPPORTUNITY COUNCIL TO HELP
DEFRAY EXPENSES RELATED TO THE HILO DOWNTOWN
IMPROVEMENT ASSOCIATION’S 2016 DOWNTOWN HILO CHRISTMAS
LIGHTS PROJECT
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Research and Development, Business
Development account.
Reference: Comm. 28
Intr. by: Mr. Chung
Motion to Approve: Ms. Lee Loy moved to adopt Resolution 30-17. Seconded by
Mr. Richards.
CHR. POINDEXTER: Is there any other discussion? Council Member Lee Loy.
MS. LEE LOY: Thank you. Council Member Chung has left, but, you know, as
a courtesy, I would like to support this alongside with him. This is his district
contingency funds and does help downtown Hilo. So, thank you very much.
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none,
all those in favor say “aye.”
Page 19
Hawai‘i County Council-3 January 5, 2017
Vote on Res. 30-17: The motion to adopt Res. 30-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 33-17.
Res. 33-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
MAINTENANCE AGREEMENT FOR THE DEPARTMENT OF PUBLIC
WORKS
Authorizes the Mayor to enter into a five-year maintenance agreement for a new
large format color plotter/copier/scanner being purchased by the Department of
Public Works, Traffic Division in Hilo.
Reference: Comm. 42
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Resolution 33-17. Seconded by
Ms. Eoff.
CHR. POINDEXTER: Is there any other discussion? Council Member Ruggles.
MS. RUGGLES: Thank you. I was just wondering why we are renting the copy
machines, because they total over $7,000 for one. I wonder if we could just buy
one for that or less than that, even.
MS. DAVID: You know, I’m not sure why we’ve been renting these things, but
the Department of Public Works is, basically, making the request and it comes to
us. And no one is here from the department to explain why they are renting, as
opposed to purchasing.
CHR. POINDEXTER: If you want, we can call someone from Public Works or
Finance. I think Finance had a good reason because of the type of machine sand
the maintenance agreements. But they can explain it better, if you would want to
hear a better explanation before voting on it, we can table it until the very last and
get somebody over here. Council Member Lee Loy.
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Hawai‘i County Council-3 January 5, 2017
MS. LEE LOY: Yeah, and I would support to table this to the end. I mean, she
has a very valid question. I have worked with these, I understand they’re very
expensive—maintenance, but I would rather you hear that from the department
and why they made this business decision. So, I would support that and have
someone from either Finance or Public Works come.
CHR. POINDEXTER: Come up to the table, identify yourself, and proceed.
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the Council.)
MS. STEBBINS: Good afternoon, Chair Poindexter and members of the Council,
Molly Stebbins, Corporation Counsel. You may still have questions for Public
Works. And I don’t mean to speak for them, but I just was looking at the
language of the reso for a multi-year agreement to enter into maintenance
agreement for a copier that they are purchasing or have purchased. So, I just
wanted to draw that to your attention.
CHR. POINDEXTER: So if this is a maintenance agreement, are you okay with
going to speak with the Finance Department and asking the question on why they
are leasing versus purchasing.
MS. RUGGLES: Yes, and I had planned on doing that before the meeting. So, I
apologize and I am comfortable with that.
CHR. POINDEXTER: Okay, so we’re all comfortable that this is a maintenance
agreement? Okay, so any other discussion, on the maintenance agreement? Okay,
all those in favor say “aye.”
Vote on Res. 33-17: The motion to adopt Res. 33-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bills for Ordinances, First Reading. Bill 3.
Page 21
Hawai‘i County Council-3 January 5, 2017
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
Bill 3: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Federal Grants – State Homeland Security Program
Fiscal Year 16 account ($200,000); and appropriates the same to the State
Homeland Security Program Fiscal Year 16 account. Funds would be used to
purchase specialized equipment to enhance the County’s capability to prevent
and respond to incidents of terrorism and other hazards.
Reference: Comm. 22
Intr. by: Ms. Eoff (B/R)
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 3 on first reading. Seconded by
Ms. David.
CHR. POINDEXTER: Is there any discussion? Ms. Eoff.
MS. EOFF: Just so that we all are clear, this is grant monies coming into the
County’s budget. So the budget needs to be amended to reflect this $200,000.
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none,
all those in favor say “aye.”
Vote on Bill 3: The motion to pass Bill 3 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Order of the Day, Second or Final Reading, Mr. Clerk,
Bill 255.
Page 22
Hawai‘i County Council-3 January 5, 2017
ORDER OF THE The Chair directed the Council to proceed to the next order of business, Order of
DAY (SECOND OR the Day (Second or Final Reading).
FINAL READING):
Bill 255: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO
(2014-2016) 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
First Reading: December 21, 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. Eoff moved to pass Bill 255 on second and final
reading. Seconded by Ms. O’Hara.
CHR. POINDEXTER: Is there any questions? Council Member Lee Loy.
MS. LEE LOY: Yes. I was just asking for your support. I know this is second
and final reading and we wouldn’t be here without all of that support, but I am
eager to get this money in. They have a stampede coming up in February and so,
this is actually really nice timing for them to get that facility ready. Just in time,
we’re about 6 or 7 weeks out for that. So, I appreciate your support, thank you.
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none,
all those in favor say “aye.”
Vote on Bill 255: The motion to pass Bill 255 on second and final reading
(2014-2016) was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Page 23
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Bill 257, Draft 2.
Bill 257: AMENDS SECTION 25-8-26 (PĀHOA ZONE MAP), ARTICLE 8,
(Draft 2) CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI 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, HAWAIʻI, 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. Ilagan
First Reading: December 21, 2016
Motion to Approve: Ms. O’Hara moved to pass Bill 257, Draft 2, on second and
final reading. Seconded by Ms. Ruggles.
CHR. POINDEXTER: Is there any discussion? Seeing or hearing none, all those
in favor say “aye.”
Vote on Bill 257: The motion to pass Bill 257, Draft 2, on second and final
(Draft 2) reading was carried by the following voice vote:
(2014-2016)
(Approved) Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Page 24
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Bill 258.
Bill 258: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(2014-2016) CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI 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
WAIĀKEA, SOUTH HILO, HAWAIʻI, 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. Ilagan (B/R)
First Reading: December 21, 2016
Motion to Approve: Ms. O’Hara moved to pass Bill 258 on second and final
reading. Seconded by Ms. Eoff.
CHR. POINDEXTER: Is there any discussion? Seeing or hearing none, all those
in favor say “aye.”
Vote on Bill 258: The motion to pass Bill 258 on second and final reading
(2014-2016) was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Page 25
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Bill 259.
Bill 259: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(2014-2016) CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI 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
WAIĀKEA HOMESTEADS HOUSE LOTS, WAIĀKEA, HAWAIʻI,
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. Ilagan (B/R)
First Reading: December 21, 2016
Motion to Approve: Ms. David moved to pass Bill 259 on second and final
reading. Seconded by Ms. Eoff.
CHR. POINDEXTER: Is there any discussion? Hearing or seeing none, all those
in favor say “aye.”
Vote on Bill 259: The motion to pass Bill 259 on second and final reading
(2014-2016) was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Page 26
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Bill 260.
Bill 260: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(2014-2016) CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI 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, HAWAIʻI, 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. Ilagan (B/R)
First Reading: December 21, 2016
Motion to Approve: Ms. O’Hara moved to pass Bill 260 on second and final
reading. Seconded by Mr. Richards.
CHR. POINDEXTER: Any discussion? Hearing or seeing none, all those in
favor say “aye.”
Vote on Bill 260: The motion to pass Bill 260 on second and final reading
(2014-2016) was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
Page 27
Hawai‘i County Council-3 January 5, 2017
CHR. POINDEXTER: Mr. Clerk, Bill 267.
Bill 267: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
(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
First Reading: December 21, 2016
Motion to Approve: Mr. Kanuha moved to pass Bill 267 on second and final
reading. Seconded by Ms. David.
CHR. POINDEXTER: Any discussion? Seeing or hearing none, all those in
favor say “aye.”
Vote on Bill 267: The motion to pass Bill 267 on second and final reading
(2014-2016) was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 268.
Bill 268: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
(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
First Reading: December 21, 2016
Motion to Approve: Mr. Kanuha moved to pass Bill 268 on second and final
reading. Seconded by Ms. David.
CHR. POINDEXTER: Is there any discussion? Council Member Kanuha.
Page 28
Hawai‘i County Council-3 January 5, 2017
MR. KANUHA: Just real quickly. I know the article came out about us changing
the speed limit for this and there were several comments that were made and some
called my office. Why are you, Dru, you know, approving these speed limits?
Why are you changing these speed limits? This wasn’t my idea. This came from
the department. So, the engineering guys thought that this was necessary in this
area for future development purposes. So, I just wanted to state that for the record
to those that were concerned about us, as Council Members, changing these
engineer type of situations. So, I just wanted to state that.
CHR. POINDEXTER: Thank you. Okay, any other discussion? Seeing or
hearing none, all those in favor say “aye.”
Vote on Bill 268: The motion to pass Bill 268 on second and final reading
(2014-2016) was carried by the following voice roll call vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 1.
Bill 1: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I 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)
First Reading: December 21, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 1 on second and final reading.
Seconded by Ms. O’Hara.
CHR. POINDEXTER: Is there any discussion? Council Member Eoff.
MS. EOFF: No, just in case anybody doesn’t understand. We have to amend the
budget because there was only $15,000 originally in the budget for this program.
Page 29
Hawai‘i County Council-3 January 5, 2017
But, with this additional money from the State, we need to, actually, change that
amount to add the $121,444.70.
CHR. POINDEXTER: Okay, thank you, any other discussion? Seeing or hearing
none, all those in favor say “aye.”
Vote on Bill 1: The motion to pass Bill 1 on second and final reading was
(Approved) carried by the following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. POINDEXTER: Before I ask for an adjournment, I think, Council Member
Lee Loy had an announcement.
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.
MS. LEE LOY: Thank you, Chairman. A few months ago, we lost a really good
man, Clift Tsuji, our representative for my district and it was a huge loss for the
community. But that process engaged another process, which was filling that
position.
And I’m just learning, right now, Governor Ige has appointed Chris Todd to fill
the late Representative Clift Tsuji’s seat. My understanding is there will be a
more formal press release coming out later today and a little larger interview with
Mr. Todd, along with some other technical swearing in and other stuff. So, I just
wanted to share that with the rest of the Council. Thank you.
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Hawai`i County Council-3 January 5, 2017
CHR. POINDEXTER: Thank you very much. I have one more announcement.
Big Brothers, Big Sisters sent a letter saying that January is recognized as
National Mentoring Month. So they ask that we continue to support the academic
and social achievements of the youth in our community. So, if any of you are
interested in participating with what they have,please contact Big Brothers, Big
Sisters, Vanessa Carlson, she is our Hawai`i Island Regional Director. So with
that Mr. Clerk, did we cover everything?
MR. MAEDA: Yes, Madam Chair, we did.
ADJOURNMENT: There being no other business, at 1:28 p.m., Ms. David moved to adjourn the
meeting. Seconded by Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members David, Eoff, Kanuha,
Lee Loy, O'Hara, Richards, Ruggles, and
Chair Poindexter— 8.
Noes: None.
Absent: Council Member Chung— 1.
Excused: None.
CHR. POINDEXTER: Okay, meeting is adjourned.
Council Approval: APR 0 5 2017
COUNTY CLERK
SM/slm
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