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HomeMy WebLinkAboutMIN COUNCIL 2017-02-08 2016-2018 th 5 Session ounty Council 25 Aupuni Street Hilo February 8, 2017 INVOCATION: Kahu Brian Welsh of Haili Congregational Church gave the m CALL TO The regular meeting of the Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Ms. Valerie T. Poindexter, Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair (came in later) Mr. Aaron Chung, Member Ms. Maile Medeiros David, Member (came in later) Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member , Member Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Kanuha led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERIT, AND EXPRESSION OF (There were none.) CONDOLENCE: Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: -5 February 8, 2017 APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval Mr. Kanuha moved to approve the Minutes of of Minutes: February 17, 2016. Seconded by Mr. Richards and (Approved) carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak in support of Bill 9 (Comm. 65), and came forward when called by the Chair: Gregory T. Smith. Joyce Alberta Folena. The following individual registered to speak in support of Resolutions 51-17, 52-17, and 55-17, and came forward when called by the Chair: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Page 2 -5 February 8, 2017 CHR. POINDEXTER: Mr. Clerk, please read in for the record Resolution 51-17. Res. 51-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 71 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 51-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you so much. Again, as mentioned by Ms. Kaneakua the CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 51-17: The motion to adopt Res. 51-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Okay, Mr. Clerk, read into the record Resolution 52-17. Page 3 -5 February 8, 2017 Res. 52-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS COMMUNITY OUTREACH INITIATIVE Transfers $1,500 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 74 Intr. by: Ms. Eoff CHR. POINDEXTER the meeting, just in case Council Member Eoff shows up. Vote on Motion Mr. Kanuha moved to defer Res. 52-17 to the end of the to Defer: Council meeting. Seconded by Mr. Richards and carried (Approved) by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 53-17. Res. 53-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE DEPARTMENT OF PARKS AND RECREATION FOR EXPENSES RELATING TO THE 2017 WAIMEA CHERRY BLOSSOM HERITAGE FESTIVAL Transfers $800 from the Clerk-Council Services Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 75 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 53-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. Page 4 -5 February 8, 2017 MR. RICHARDS: Thank you. This has to do with helping fund the Cherry Blossom Festival which did occur last weekend, and I know Councilwoman Lee Loy was able to attend. For those of you who may have missed it, I hope you th attend next year, it will be the 25 as far as people attending, were 60,000, which is about one-third of our island population. . I have not seen the final , combining all together. My hopes are next year, we are able to invite some of our Sister Cities th to celebrate that with us, as it will be our 25 Anniversary. A little bit of history, the first cherry blossom trees came in 1953. One of those was propagated and now its offspring make up the bulk of the trees in the Waimea area. So a lot of history there, great thing, and I hope you support. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 53-17: The motion to adopt Res. 53-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 54-17. Res. 54-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND BIG ISLAND VETERANS TREATMENT COURT Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 76 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 54-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. Page 5 -5 February 8, 2017 MS. LEE LOY: Thank you so much. Again, thisyou know, I have a husband who works at the Police Department so this is just another opportunity for us, Adult Probation Services in the Third Circuit Court, to really create a good safety net to ensure that they make it through. So another opportunity to help the CHR. POINDEXTER: Thank you very much. Any other discussion? Vote on Res. 54-17: The motion to adopt Res. 54-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: -17. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 57-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2017 OUTSTANDING OLDER AMERICANS AWARD LUNCHEON Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 79 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 57-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA this. This is going to the Office of Aging. I know every year they rely heavily on grants and sometimes they might not get as much as they require to do a lot of their programs. And if you have ever been to one of these Outstanding Older Page 6 -5 February 8, 2017 Americans Awards Luncheons, they recognize outstanding elder Americans within our community that do a lot of community service. T recognize them for throughout the community. And so I really wanted to give Office of Aging to continue, and I hope this helps out with this upcoming year. So I ask for your support. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 57-17: The motion to adopt Res. 57-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 58-17. Res. 58-17: MEMBER ARRYL KANESHIRO TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES (NACO) expire on June 30, 2017. Reference: Comm. 80 Intr. by: Mr. Kanuha Waived: GREDC Motion to Approve: Mr. Kanuha moved to adopt Res. 58-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. This is already been approved at our going out to the rest of the counties to approve. I think we might be the last board, but our State Association has two members for the National Association of Counties, Western Interstate Region memberships, just making sure that we have representation at the Page 7 -5 February 8, 2017 national level and Arryl Kaneshiro has been nominated by our State Board and your support. If you have any questions a of our State Association of Counties. CHR. POINDEXTER: Okay. Any other discussion? Vote on Res. 58-17: The motion to adopt Res. 58-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 59-17. Res. 59-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE Authorizes the Mayor to enter into a five-year lease for Glock firearms and associated equipment that will become the property of the department upon completion of the terms of the lease. Reference: Comm. 84 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Mr. Kanuha moved to adopt Res. 58-17. Seconded by Mr. Richards. CHR. POINDEXTER: And we have, if anyone has any questions, Lieutenant ,any discussion or questions? Council Member Richards. MR. RICHARDSfew questions about that. CHR. POINDEXTER: Can I call up Lieutenant Shopay and Sergeant Yamada? Thank you. Page 8 -5 February 8, 2017 (Note: At this time, Police Lieutenant Thomas Shopay and Police Sergeant Greg Yamada came forward to address the members of the Council.) LT. SHOPAY: Good morning. MR. RICHARDS: Good morning. CHR. POINDEXTER: Go ahead, Mr. Richards. MR. RICHARDS: Okay. Good morning and thank you for being here, Lieutenant. Excellent presentation last week in Waimea, so thank you. He gave us a presentation on active shooter, excellent presentation. Just a question on this and part of it is just for my education. How many weapons are we talking about and what are we looking at as far as cost? LT. SHOPAY: at to outfit the whole department, which is approximately 450 officers. So we have 450 authorized, about now is a sworn number. Plain clothes officers, which would be detectives, vice investigators, anyone that operates in plain clothes other than a uniform is about 80 island-wide. So we would be looking at about 450 of the full-sized firearms and about 80 of the compact, which is a little bit easier to carry on a plain clothes officer. at was right around $300,000, if we do not do a trade- through with this approval to do a trade-in program with the vendor, which would save about $103,000 for trading in our old firearms. MR. RICHARDS correct? LT. SHOPAY: associated equipment, the holsters, and the lights that would go with the firearms. That is the complete purchase for all of the firearms. MR. RICHARDS: And I assume that this was looked at as opposed to just outright purchase. Is that correct? LT. SHOPAY: Yes, and I may have Deanna, actually kind of explain a little bit to go through with it if probably a little more appropriate. MR. RICHARDS education, all nine millimeters, is that the? Page 9 -5 February 8, 2017 LT. SHOPAY: Correct. So weprior to selecting this make and model, we tested the various ones and various calibers. Nine millimeter was the most proficient for the officers due to its size. Larger calibers usually tend to be a little bit harder to handle and this was the most effective for the officers. Back to your other question, which I can maybe shed a little bit of insight on why we were choosing to do the purchase this way, versus a little bit over several years s the trade-in is kind of reliant on a quick turnaround process. Because . It continues to depreciate the longer we wait. So the longer we wait the less of a buyback we would get from that vendor. MR. RICHARDS: Okay, and these were all new weapons, not reconditioned? LT. SHOPAY: No, these are brand new from the factory. MR. RICHARDS: Okay. Thank you. I do have a question, Chair, but if other Council Members want to ask the officers CHR. POINDEXTER: Are there any other questions for the officers? Council Member Lee Loy. MS. LEE LOY: I think Council Member Richards covered it, but I did have a question about the holsters. Are all of that going to be able to fit on the existing duty belts that? LT. SHOPAY: Yes. So the holsters . I this plain clothes holster which would fit on a regular belt. MS. LEE LOYa buyback piece. Is there any ? Or I know some of them have been frankensteined. LT. SHOPAY: So what the buyback is, that as long as we have the firearms with the magazines that if we have ones that are in our inventory that are completely destroyed, those will not be. So has to be functional ones, which is what we have that 450 basically for officers right now that we are ready to turn in. The ones that are parted out or in pieces, MS. LEE LOY: And so what happens to those? Are those going to be sold at auction? Page 10 -5 February 8, 2017 LT. SHOPAY: So for the department, we cannot sell (Federal Firearms License). W happens is, Honolulu did when they transitioned theirs. They lost close to $570,000 of buyback that they ended up spending to buy firearms. MS. LEE LOY: Okay. And then the ammunition piece, I know because the gunswhat happens to those things? LT. SHOPAY: So ammunition, we ended up staying with the same caliber after testing so what we have in our inventory is actually what we would just continue eady have, we use what we have for training, and then as we purchase new and as we rotate inventory, we stay consistent. MS. LEE LOY: Okay. Great. Thank you. I yield. CHR. POINDEXTER: Okay. Thank you. Council Member, Richards, did you have a question for Finance? MR. RICHARDS: Yeah, a question for Finance. CHR. POINDEXTER (Note: At this time, Deputy Finance Director Deanna Sako came forward to address the members of the Council.) CHR. POINDEXTER: And if you can just state your name. MS. SAKO: Good morning, Deanna Sako, Deputy Director of Finance. MR. RICHARDS: Good morning, Deanna. MS. SAKO: Good morning. MR. RICHARDS: Question, looking at, I guess lease-to-own as opposed to just outright purchases. MS. SAKO the budget was at the same time. But we do understand their need to trade them all in at one time and we want to get that bulk purchasing power as well. So the bank will be financing for us and they do have sufficient money in their budget to cover the monthly payments. Page 11 -5 February 8, 2017 MR. RICHARDS: Okay. And interest rate? MS. SAKO: MR. RICHARDS: Excellent. Okay. Thank you. MS. SAKO: Thanks. LT. SHOPAY: Thank you. MS. LEE LOY: I have a follow up question for Ms. Sako. CHR. POINDEXTER: Okay. Council Member Lee Loy. MS. LEE LOYas the way I -year lease-to-own. What happens if the guns are MS. SAKO: Like any other purchase, we would return in and work with the vendor to get them adequately supplied. The leasing that. MS. LEE LOY: Perfect. Thank you. CHR. POINDEXTER: Thank you. Any other questions or discussions? Vote on Res. 59-17: The motion to adopt Res. 59-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, 6. Noes: None. Absent: Council Members David, Eoff, and Ruggles 3. Excused: None. CHR. POINDEXTER: Resolution 60-17, Mr. Clerk. Page 12 -5 February 8, 2017 Res. 60-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A WATERBLASTING ERADICATOR TRUCK Authorizes the Mayor to enter into a five-year agreement for a WaterBlasting Eradicator truck at an estimated monthly cost of $5,600. The truck would be used by the Department of Public Works, Traffic Division, to eradicate existing road markings and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 85 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: -17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Is there any discussion? MS. LEE LOY: I have just a question. What is a WaterBlasting eradicator truck? CHR. POINDEXTER: Okay. That is actuallythey use that to remove the paint and debris and stuff off of the road. So that will help them remove like if they MS. LEE LOY CHR. POINDEXTER: It might kill some ants, too, at the same time, know. But Richards. MR. RICHARDS CHR. POINDEXTER MR. RICHARDS: Yes, please. CHR. POINDEXTER: Ms. Sako. (Note: At this time, Deputy Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Deanna Sako, Deputy Director of Finance. The total cost of the equipment is $321,000. I away the permanent line markings and our current one gouge out the road and Page 13 -5 February 8, 2017 does different things. So this is supposed to be better and meets with the standards set by the feds. MR. RICHARDS: Okay, so that was the question because $5,600 times 60 is wow. MS. SAKO have been staying really low. So if we can get it locked in now, then it helps us in the long-term. MR. RICHARDS about the old truck? What happens to that? MS. SAKO: Like our other inventory, I mean if we can repurpose it or use it for something else, we do. But otherwise, it goes on our used-equipment auction. The County Code requires that we auction and be fair to everyone and give everyone an opportunity to purchase it. MR. RICHARDS: No chance for trade-in on that one? MS. SAKO , I MR. RICHARDS: And interest rate again? Very low? MS. SAKO MR. RICHARDS: Okay. Thank you. I yield. MS. SAKO: It fluctuates. CHR. POINDEXTER: Thank you. Any other discussion? Council Member Chung. MR. CHUNGHow many people lease these pieces of equipment? MS. SAKO: Ours is more a lease-to- like a short-term loan over 60 months to pay for it. MR. CHUNG: I mean, is there a pool of vendors available? Page 14 -5 February 8, 2017 MS. SAKO: Well we lease through the banks so we bid it out like any other piece of equipment and then once we get the actual cost of the item, we take that to the bank and they help us finance it by doing a lease. So they MR. CHUNG wondering the availability. MS. SAKO: The specialized equipment? MR. CHUNG: Yes. MS. SAKO: There are several vendors that do it. A lot that kind of helps increase the cost because we have to ship it over. MR. CHUNG? MS. SAKO MR. CHUNG: Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 60-17: The motion to adopt Res. 60-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Chair Poindexter 7. Noes: None. Absent: Council Members David and Eoff 2. Excused: None. CHR. POINDEXTER: Before we get into the nextf Recess: At 9:37 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:45 a.m. CHR. POINDEXTER: -17 please. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 15 -5 February 8, 2017 Res. 55-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A ISLAND UNITED WAY FOR THE PURCHASE OF MATERIAL AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Liquor Control, Public Programs account. Reference: Comm. 77 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 55-17. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David, MS. DAVID: Yes, this is a resolution for funding for Island United - CHR. POINDEXTER: Okay. Any other discussion? Vote on Res. 55-17: The motion to adopt Res. 55-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Just for the record, Council Member David and Council -17. Page 16 -5 February 8, 2017 Res. 56-17: 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 BIG ISLAND WAVE RIDERS AGAINST DRUGS TO ASSIST WITH BEACH CLEANUP Transfers $3,000 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Liquor Control, Public Programs account. Reference: Comm. 78 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 56-17. Seconded by CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. This is another contingency transfer for the West Beach Cleanup, and it involves a lot of beaches in my District as well as in support. Mahalo. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 56-17: The motion to adopt Res. 56-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 63-17. Page 17 -5 February 8, 2017 Res. 63-17: ACCEPTS A GRANT OF PUBLIC ACCESS EASEMENT FROM CHARLES A. ANDERSON, TRUSTEE OF THE CHARLES A. ANDERSON TRUST, AND LISA L. ANDERSON, TRUSTEE OF THE LISA L. ANDERSON TRUST, FOR PUBLIC ACCESS PURPOSES Accepts a pedestrian public access easement on real property identified as Tax Map Key: 5-3- ; and Res. 64-17: ACCEPTS A GRANT OF PUBLIC ACCESS EASEMENT FROM THE SURETY KOHALA CORPORATION, FOR VEHICULAR PUBLIC ACCESS PURPOSES Accepts a vehicular public access easement on real property identified as Tax Map Keys: 5-3-007:015 and 5-3-007:016, situated at Halaula, Maulili, Pueke, Reference: Comm. 90 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 63-17. Seconded by CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. This resolution, I understand that a request was made by the department and Corporation Counsel that it be postponed. And I will th therefore entertain a motion to postpone to our March 8 meeting. Motion to Postpone: Ms. David moved to postpone Res. 63-17 to March 8, 2017. Seconded by Mr. Richards. CHR. POINDEXTER: Any discussion? Council Member Chung. MR. CHUNG MS. DAVID: Thank you. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. CHUNG Page 18 -5 February 8, 2017 MR. KAMELAMELA: Good morning, Chair, and members of the County Council. I was alerted a couple of days ago by one of my deputies, Ronald Kim, that there was a question as to whether the appropriate departments had actually been consulted and had inspected the sites that are related to these two resolutions. Section 2-162.1(b), there is a requirement prior to County Council acceptance that we allow the departments that are going to be doing the oversight, to also do the inspections prior to any County actions. did talk to Steven MR. CHUNG: Okay. What was that section again? MR. KAMELAMELA: 2-162.1 and then MR. CHUNG: Okay. And which departments are those affected? MR. KAMELAMELA Water and DEM (Department of Environmental Management) other things that we should be looking at. MR. CHUNG: Okay. Thank you. MR. KAMELAMELA CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: Yes. So based on that, thank you for that explanation and I think we have CHR. POINDEXTER: Okay. Thank you. Council Member Lee Loy. MS. LEE LOY: Mr. Kamelamela, thank you. Is there a timing element for this? Because it looked like we got waved up asking to slow down. And as I read through the resolution, there is Board of Appeals action and a running up against? MR. KAMELAMELA request by the landowner. And then plus we have seen that the settlement was done in 2002, so I have no issues with bringing it up on March 8. I have talked to the departments, I have asked them whether they can expedite, basically they told Page 19 -5 February 8, 2017 me can. And sowe believe that having these type of access is really important for the public so we want to be promoting this type of access so that the recreation needs of the public can be met. d see if this is something they can do, MS. LEE LOY: Thank you. I yield. CHR. POINDEXTER: Okay. Thank you. Council Member David. sorry, Council Member Richards. MR. RICHARDS: Thank you, Chair. Good morning, Mr. Kamelamela. MR. KAMELAMELA: Good morning. MR. RICHARDSThis fits in with the whole plan for North Kohala and all, and I appreciate the work to get this expedited because I know this has been processed for 10 plus years. When I went n of access. The same rules apply in that situation? MR. KAMELAMELA: Same rules because this is part of the conditions to get the subdivision. S-162.1, it speaks MR. RICHARDS: Okay. So again, I appreciate that, getting in the whole PONC (Public Access, Open Space and Natural Resources Preservation Commission) initiative and North Kohala and South Kohala is pushing hard and this just fits in very nicely with the whole intent. So thank you, Chair. CHR. POINDEXTER: Thank you. Before I go back to Ms. David, is there any other on the first round? Okay. Council Member David. CHR. POINDEXTER: Oh, you?Council Member Lee Loy. MS. LEE LOY: Just one follow-up questio , or Corporation Counsel grant of public access easement. MR. KAMELAMELA with Mr. Kim. Got to make the language a little bit tighter. Page 20 -5 February 8, 2017 MS. LEE LOY: Okay. MR. KAMELAMELA: Not all of it, just portions of it. CHR. POINDEXTER: Just postponement. MR. KAMELAMELA: Right. CHR. POINDEXTER: Okay. MS. LEE LOY later. Thank you. CHR. POINDEXTER: Okay. Council Member Chung, on the postponement. MR. CHUNG: Thank you. You know, Joe, or maybe I can ask the introducer who did this by request, who prepared this resolution? MS. DAVID: This was I believe, the department. MR. CHUNG: The department? MS. DAVID: The Planning Department. MR. CHUNG: The Planning Department? MS. DAVID: By request. MR. CHUNG: So they were asking for it to be introduced by request? MS. DAVID: Yes. I mean, it was my choice to do it by request. MR. CHUNG: Okay. MS. DAVID: It was my choice to do it by request and they also asked for a waiver. MR. CHUNG So Joe, exactly what does 2-162.1 purport to say or require? MR. KAMELAMELA: required as part of land use approvals shall be transmitted by resolution to the council using the procedure set forth in Section 2- Page 21 -5 February 8, 2017 MR. CHUNG: What are we looking at? MR. KAMELAMELA CHR. POINDEXTER: Can I just ask if?because this is on the postponement. questions to theis it? MR. CHUNG: Well one of the reasons for the postponement is that they found out that they had to have Planning and Public Works and other departments involved in this, so CHR. POINDEXTER figure out whether or not he will support the postponement. MR. CHUNG MR. KAMELAMELA problems with violating the County Code. And just to answer your question, part certain actions were taken and I know who was involved. If you look at the exhibit, it was neither the attorney that was assigned now to Planning nor Public Works who kind of looks at these kind things to make sure that procedurally, things are done correctly. MR. CHUNG: All I want to know is it was stated that MR. KAMELAMELA: I know what you said, but because I was alerted several days ago, I looked at the Code, the section that I referred to, and these are things that have to be done. MR. CHUNG: MR. KAMELAMELA: You would have to look at that Code section and the one after that to kind of look at what the process is, and so then you come downif you look at Section 162.1(b), it tells you tha going to do the oversight should be consulted and they should do the reasonable MR. CHUNG: Okay. So MR. KAMELAMELA: No, because whoever did it before I came on board I mean I know what Page 22 -5 February 8, 2017 a March 8. MR. CHUNG: And this is pursuant a court action or something? MR. KAMELAMELA: No, the settlement is a court action. This is that in order to get the public access in a certain form, we have to go through this process to get County Council approval to accept the grant of easements. Mr. Chung, there is some connection. MR. CHUNG. postponement today, on a procedural basis. Thank you very much. MR. KAMELAMELA: Okay. CHR. POINDEXTER: Thank you, Council Member Chung. Council Member Richards. MR. RICHARDS: Thank you. Now, Mr. Kamelamela, I went and read through the paperwork here. I know that the Planning Department has signed off on the process, correct? MR. KAMELAMELAwell that we have to look at. And then I want to make sure that we preserve and and transferred from our office. MR. RICHARDS: Okay. And I appreciate that perspective and anytime we have changes, some thingsstutter step. As I reviewed this, this is kind of a win-win for everybody. T MR. KAMELAMELA-win, but I want to make sure that pr MR. RICHARDS going to have to say though, I do agree with Councilman Chung as far as that goes, and I will be voting against a postponement. Thank you. MR. KAMELAMELA: Okay. Page 23 -5 February 8, 2017 CHR. POINDEXTER: Thank you, Council Member Richards. Council Member Eoff. MS. EOFF better look at it because it transferred from one administration to the next and accept the grant of easement. I totally support the public access and I understand that the sooner the better. But you did say that you talked to the attorney for Mr. Anderson? MR. KAMELAMELA: Right. MS. EOFF: And did they indicate any harm would come if we do postpone for a month, or did you? MR. KAMELAMELA: No. MS. EOFF: So he was okay with us? MR. KAMELAMELA: Because he had told me he understands the process. The process is that they have the review by the departments, which was MS. EOFF problem with p if it hang-up able to clear up a couple of, I guess procedural questions, right? Then I will supportive of the concept. e public access along the shoreline, so I think this is a win-ll go along with postponing for a month. Unless you think you can do it in two weeks, we have one more meeting in February. MR. KAMELAMELA MS. EOFF: Alright. Thank you. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Again, just to back up, this is the remedy for the settlement agreement from the Board of Appeals action that occurred, correct? MR. KAMELAMELA: Correct. Page 24 -5 February 8, 2017 MS. LEE LOY: And the grant of easement, which is attached as Exhibit one was developed as part of the settlement agreement. MR. KAMELAMELA: Correct. MS. LEE LOY: And as I review it, I see the landowners, Corporation Counsel, and the Planning Director has agreed and accepted. So what am I missing? What did it not go through? MR. KAMELAMELA MS. LEE LOY also now want to tighten up the language in the access easement agreement? MR. KAMELAMELA: Right. To be more in line with the settlement. MS. LEE LOY: With the settlement? Okay. I really am having a lot of kind of indicates that everything looks good, back. A CHR. POINDEXTER: Thank you. Council Member Chung. MR. CHUNG being set here. I think the interpretation is wrong, Joe, because subsection (b), yes, it relates to a transfer of real p the reason why they have that in there, I would only surmise, is because you want to make sure that things are up to . my interpretation and I could be wrong, okay? Your interpretation will trump anything that I or anyone else says here, but I just am worried about the . I think we have the authority to go and accept this easement pursuant to that settlement, but ghts. I wanted to make that clear. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Council Member : saying about you feel that this is not procedurally meet the requirements of Code, but it has advanced to this point and has gotten approvals. So that seems to me maybe a difference in legal interpretation between this administration and the Page 25 -5 February 8, 2017 re saying think we should accept the work already done and move forward with this action. Thank you. MR. KAMELAMELA: In the previous grant of easements that I did of this type, wethis is the anomaly. over 27 years. The process that we have done is different. One of the major differences that you see here is approval. But I understand things can be ratified, but at the same time, if we do not follow the Code, this kind of procedure. S : I appreciate that response, Mr. Kamelamela, but would accepting this document as is, you say is an anomaly. Perhaps the procedures, as interpreted over the last 27 years could be reconsidered, but the bottom line is, does this put MR. KAMELAMELA: In order to answer the question then, I would have to go into executive session. : Okay. MR. KAMELAMELA: And then if the County Council does not choose to go to executive s in a situation like this. : Okay, I guess I can request an executive session, but that takes CHR. POINDEXTER: Butokay so, can we do the motion within the motion of Recess: At 10:10 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:21 a.m. CHR. POINDEXTER: Calling this meeting back to order. Okay. So Council -4 and Rule Number 2, Section 4(D) of the Rules of Procedure of the County Council to move into and convene in executive session to speak to our Corporation Counsel. Page 26 -5 February 8, 2017 Motion to Enter into Executive Session: order to hold attorney-client privilege discussion regarding Res. 63-17, as authorized by Section 92- Revised Statutes. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Is there any discussion? Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. And just specifically, why are we going into executive session? CHR. POINDEXTER MR. KANUHA: On the postponement and the subsequent facts related to this postponement, jupublic. CHR. POINDEXTER: I thinkgo ahead. : We were in discussion on Resolution 63-17 and one of my questions to our Corporation Counsel, he was unable to answer because he felt that it required that we enter into executive session. And this is with regard to postponing a measure which is Resolution 63-17. CHR. POINDEXTER: Did that answer your question, Council Member Kanuha? MR. KANUHA: Yeah, I mean just for clarification purposes. CHR. POINDEXTER: Okay. Thank you. Any other discussion? Vote on Motion to The motion to enter into Executive Session was carried by Enter into Executive the following roll call vote: Session: (Approved) Ayes: Council Members Chung, David, Eoff, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTERexecutive s brief recess. Recess: At 10:23 a.m. the Chair called for a recess to allow the Clerk to clear the room. Reconvene: The meeting reconvened at 11:37 a.m. Page 27 -5 February 8, 2017 CHR. POINDEXTERxecutive session. Calling this : Thank you, Chair. We were in discussion about some issues that Corporation Counsel felt best to advise us in executive session relating to potential liability concerns regarding this action. So I think we can now get back into a general discussion on whether or not the Council supports this Resolution 63-17. CHR. POINDEXTER: th motion to postpone this to the March 8 meeting. CHR. POINDEXTER: Motion on the postponement, Council Member Richards. MR. RICHARDS: Thank you, Chair, and thank you, Councilwoman ed and have an understanding. Moving forward on these properties, these are in my District, these are in community to have access to the coastlines for as long as I can remember. My concern on these as we have-17. We have a group and owner that have been working for years to grant the access in accordance with the community, who had input and has worked out an acceptable agreement between the concerned parties. I spoke to Toni Withington a few minutes ago to verify that she does support this, who was the biggest proponents for access, and she whole-heartedly supports this have been working on getting this done f forward. I have spoken to the owner, Charlie he has put some of his own money coming forward to get this thing done. One of the concerns that are coming forward is that this has been on the market for quite some time and there is a willing buyer now. Potentialtwo things could More concerning to me on behalf of our community, is that if this sale goes through, the buyer is under no obligation to perfect this agreement and that could fall through the cracks. And different story if we were talking about something great conversation, I think we have that responsibility to follow through on requesting that things were done in accordance with the intent of the County to Page 28 -5 February 8, 2017 have concerns addressed that was done. N move this forward. So going forward, I will be voting against postponing this. Thank you. CHR. POINDEXTER: Thank you. Any other discussion before we vote? Council Member Chung. MR. CHUNG my perspective. And I wanted to thank Joe, too, first of all, because he is actually looking out for the best interest of the County in terms of procedure and following the law. I can understand that, totally. But I disagree with him in one regard and iw. I could be mistaken, but I think the process that Joe has been talking about for 27 years, is the dedication deed process. And with the dedication deed, because I did that for eight years myself because within that 27 years, I had them for eight years, okay, Joe? And within that process, yes, you get a package of documents, warranty deed or quit-claim deed, whatever the case may be, as well as a bill of sale for the roadway, and then you circulate it out. And the primarywell Planning would get involved in placement of the roadway and things like that as well as Public up to County dedicable the decision. dealing with an easement, no improvements. This law, this ordinance, and the procedures that follow it only pertain to situations where you have infrastructure s ot interpretation. balking at this thing. S people in North Kohala have been waiting for many, many years. I could take the ahead. I really say, no harm, no foul on this one. Thank you. CHR. POINDEXTER: Thank you. Any other discussion on the postponement? Council Member Lee Loy. Page 29 -5 February 8, 2017 MS. LEE LOY: Thank you and thank you to the rest of my colleagues for that robust discussion. I too, want to support the Council Member and his community, and what I hear him saying is this has been a long time coming. Sng to be speaking against the postponement and to move it forward because I also sometimes there are hiccup going to be an opportunity for that to happen. But what we have before us is something that was kind of came up through a process and the language was all vetted accurately through that process. And first and foremost, I want to support that community, this is going to be a huge benefit to them. something I said when we were confirming a number of our deputies and the Directors. Good information helps us make good decisions. And a lot of the discussion could have been addressed if we had a number of the backup documents for this particular resolution. We have smart people here, they understand their communities, they understand their needs, and that would have saved us a whole lot of time if we understood the background a little better. So going forward, when these things come before us, if there is a need to have more to all of the departments and all of the agencies. Thank you. CHR. POINDEXTER: Thank you. Any other? : I just want to say I appreciate everyone indulging the time to do the executive session. I feel it answered the questions that we might have had about liability, action today on the passing of this resolution, versus delaying it another month. I County in taking action today. I will, therefore, not be supporting the postponement, and will be voting in favor of what I understand, up to 20 years. So this is for the public good and public access CHR. POINDEXTER: Okay. So any more on the postponement before we get into this?well depending how this goes. Council Member David. MS. DAVID: Mahalo, Chair. And I really want to thank Mr. Kamelamela for actually bringing this topic to us or this subject matter, and for the discussions we had in executive sessi before us and all the processes that has happened that brought this matter here Page 30 -5 February 8, 2017 today. So I appreciate all your comments again and I respectfully say I will not support the postponement. Thank you. CHR. POINDEXTER: Thank you. Okay. Council Member Eoff. MS. EOFF: Thank you. So I was supportive of a postponement, basically be confident and secure that everything going forward is correct. But I also want to support Council Member Richards and my fellow colleagues who believe that there are some risks involved in not acting on this today, that postponing it could also bring other problems to the table. So I wanted to thank Mr. Kamelamela. I appreciate his attention to look over everything and I hope that in the future, that everything that we do get before us, has a very keen eye to look at it through all of But you said a few things to us that have made me realize that I think everything will be okay, that there are some corrective actions that, as Ms. Lee Loy stated, usually do take place during agreements like this that can be resolved in a different way. So for the sake of the public access shoreline easement, I would like to continue to move this forward so I wo time. CHR. POINDEXTER: Thank you. Council Member Kanuha. MR. KANUHA: Can whoever made the postponement just withdraw it so we can just vote on this now? CHR. POINDEXTER: Okay, I believe it was Council Member David. Withdraw Motion Ms. David withdrew her motion to postpone. to Postpone: Mr. Richards withdrew his second. CHR. POINDEXTER: -17. Any discussion? I know Council Member Ruggles had waited, do you still? there any other discussion? Council Member Chung, famous mic guy today. MR. CHUNG: I just wanted to say one thing. I really enjoyed this exercise, but associated with this action, and things that could greatly expose us to liability, or if there were obvious hazards on the road or some information that they knew of, then I think we would be prudent to at least hold off. But under the circumstances, and comfortable with moving this thing forward. Page 31 -5 February 8, 2017 CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: On a final note, Mr. Kamelamela, I do appreciate your comments. Do not think that I estion. Vote on Motion to Call Mr. Richards moved to call for the question. Seconded by for the Question: (Approved) Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. (Note: The motion to call for the question requires the affirmative vote of 2/3 of the membership of the Council.) CHR. POINDEXTER: Okay. So on Resolution 63-17, should I do a roll call too, just to be safe? Thank you. Vote on Res. 63-17: The motion to adopt Res. 63-17 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Motion to Approve: -17. Seconded by Ms. David. CHR. POINDEXTER: Council Member David, since this was on your committee. MS. DAVID: Thank you, Chair Poindexter. I believe this is a companion to 63- unless more discussion is necessary by the members. CHR. POINDEXTER: Is there any other discussion? Council Member Richards. Page 32 -5 February 8, 2017 MR. RICHARDS: I understand this is essentially approving, this is similar, just a district. I do know that this has been in process longer than the previous one we have discussed, and support going forward with this as well. CHR. POINDEXTER : Just a point of clarification. It does appear that Resolution 64-17 is particular to vehicular public access where the other one is CHR. POINDEXTER: Yes, it is. It says Public Access Easement, as followspage three. : Okay. Thank you. CHR. POINDEXTER: Thank you for that. Any other discussion? And I just want to say I definitely support Council Member Richards, and I appreciate that he made the calls to the owner and to the community as well. And I appreciate all though you think you spoke a lot, but you brought a lot of clarity for us as well and thank you Mr. Kamelamela for also having that open discussion with us. I really appreciate it. Okay. Mr. Clerk. Vote on Res. 64-17: The motion to adopt Res. 64-17 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 64-17 is approved. Bills for Ordinances, First Reading, Bill 7. BILLS FOR The Chair directed to Council to proceed to the next order of business, ORDINANCES Order of the Day (First Reading). (FIRST READING): Page 33 -5 February 8, 2017 Bill 7: 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 Dewatering & Barminutor Replacement project by $2.7 million, bringing the total amount to $3 million. Funds for this project shall be provided from State Revolving Fund ($2.7 million) and would be used for construction. Approve: FC-3 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- ; and Bill 8: 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 Dewatering & Barminutor Replacement project for $300,000 to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund Fund Balance and/or Other Sources ($300,000). Funds would be used for project design. Reference: Comm. 64 Intr. by: Ms. David (B/R) Approve: FC-4 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-County Charter Motion to Approve: Ms. David moved to pass Bill 7 on first reading and adopt Finance Committee Report No. 3. Seconded by Ms. Ruggles. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I believe if our members have any questions, Ms. Sako, (Note: At this time, Deputy Director of Finance Deanna Sako came forward to address the members of the Council.) CHR. POINDEXTER: I know that we had a Member Lee Loy before I explain the dewatering. But go ahead. Was that what you were going to ask? Okay. MS. LEE LOYbarminutor? Page 34 -5 February 8, 2017 MS. SAKO: Yeah, I would not be the engineer person, however, these are two of our older facilities and so it is to remove the excess water and everything out of the project. But the equipment is outdated and obsolete, they no longer make it. hy we need to replace this with newer technology. And it is supposed to be easier to run, less MS. LEE LOY complete new it? MS. SAKO MS. LEE LOY efficient equipment, less energy cost to run and all those good things. MS. SAKO existing electrical systems and making sure all of that is working accordingly. MS. LEE LOY: Okay. And then the SRF (State Revolving Fund) funds that MS. SAKO MS. LEE LOY: We borrow it out of our MS. SAKO MS. LEE LOY: Very low. MS. SAKO: Yes, very low, but we do have to pay it back, but over a 20-year period. MS. LEE LOY CHR. POINDEXTER: Thank you. Any other discussion? Page 35 -5 February 8, 2017 Vote on Bill 7: The motion to pass Bill 7 on first reading and adopt (Approved) Finance Committee Report No. 3 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Motion to Approve: Mr. Richards moved to pass Bill 8 on first reading and adopt Finance Committee Report No. 4. Seconded by Ms. David. CHR. POINDEXTER: Any discussion on Bill 8? Council Member Richards. MR. RICHARDSfreshman question. The $300,000 combines with the $2.7 million, can you just explain the procedure? MS. SAKO CHR. POINDEXTER: Identify yourself for the record, just for the minutes. MS. SAKO: Sorry. Deanna Sako, Deputy Director of Finance. So the total project is $3 million. We were able to get $2.7 million from the State and SRF funding, however, the additional $300,000 is coming from bond money or other SRF funding for that. So we do separate ordinances or appropriation numbers so MR. RICHARDS: And is this an estimate of the total? Or is thiscontractually, this is wha MS. SAKO: They need the appropriation to do it so this is probably the estimate at this point. MR. RICHARDS: Alright. Thank you. I yield. CHR. POINDEXTER: Thank you. Any other discussion? Page 36 -5 February 8, 2017 Vote on Bill 8: The motion to pass Bill 8 on first reading and adopt (Approved) Finance Committee Report No. 4 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 9, Mr. Clerk. Bill 9: AMENDS ORDINANCE NO. 12-129, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC Amends Ordinance No. 12-129 to reflect the change in the monetary amount of $11,322,000 indicated in the ordinance title and Section 1, and in Exhibit A, Draft 2, which has been replaced with a new exhibit labeled as Exhibit A, Draft ($2,700,000), for a total of $11,322,000). Funds would be used to expand the project scope to include barminutor replacement and other minor system upgrades. Reference: Comm. 65 Intr. by: Ms. David (B/R) Approve: FC-5 Motion to Approve: Ms. David moved to pass Bill 9 on first reading and adopt Finance Committee Report No. 5. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. Deputy Director Sako is here to explain a correction that she would like to make and inform us. Thank you. MS. SAKO: On the attachment, we have brackets around the 8,622,000 that it would probably be clear if we were to remove those and just add the dollar sign in front of the eight. So I was hoping that it could maybe be a friendly amendment. Page 37 -5 February 8, 2017 Vote on Motion Ms. David moved to amend Bill 9 by revising Exhibit A, Draft 3, to To Amend: inserting a dollar sign and remove brackets so that \[8,622,000\] is (Approved) corrected to $8,622,000. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 9 has been amended to remove the brackets off the 8,622,000. So Bill 9 as amended, any further discussion on that? Council Member Richards. MR. RICHARDS: Once again a question, Deputy. So my understanding, if I understand this, allows the Mayor to negotiate on the previous two bills as far as MS. SAKO which we never have, they know that you have authorized a bond to be issued in MR. RICHARDS: And we do thisthe State is supposed to issue a bond because of an interest rate? MS. SAKO: Yes, because these interest rates are between a quarter and half percent normally. I when we issue bonds. MR. RICHARDS: Thank you for saving money. CHR. POINDEXTER: Okay. Any other discussion? Page 38 -5 February 8, 2017 Vote on Bill 9: The motion to pass Bill 9 on first reading and adopt (Approved) Finance Committee Report No. 5 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Second and final reading. Bill 2, Mr. Clerk. 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 2: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL 10,000 SQUARE FEET (CG- TAX MAP KEY: 2-2-025:012 (Applicant: Tram Ngo) (Area: 16,911 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to convert an existing two-story residence into a beauty salon and personal services building. Reference: Comm. 17 Intr. by: Ms. Eoff First Reading: January 25, 2017 Vote on Bill 2: Ms. Eoff moved to pass Bill 2 on second and final reading. (Adopted) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 39 -5 February 8, 2017 CHR. POINDEXTER: Okay. So Bill 4. Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT - 8-006:003) (Planning Director Initiated) (Area: 8,803 square feet) Reference: Comm. 29 Intr. by: Ms. Eoff (B/R) ; and Bill 5 AMENDS SECTION 25-8- (Draft 2): (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL 25,000 SQUARE FEET (V-25) AND AGRICULTURAL FORTY ACRES (A-40a) TO SINGLE FAMILY RESIDENTIAL TEN ACRES (RS-10a) AND SINGLE FAMILY RESIDENTIAL FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE, -8-006:003, 4-8-006:013 AND 4-8-006:069 (Planning Director Initiated) (Area: 31.237 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The properties are the site of the formerly proposed Trees of Kukuihaele development that will not be developed. The Planning Director recommends reclassifying the property to a lower density zone, removing the ability to subdivide these properties. Reference: Comm. 29.2 Intr. by: Ms. Eoff First Reading: January 25, 2017 Vote on Bill 4: Ms. Eoff moved to pass Bill 4 on second and final (Adopted) following voice vote. Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 40 -5 February 8, 2017 Vote on Bill 5: Ms. Eoff moved to pass Bill 5 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote. Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, Clerk, we go back to now Resolution 52-17. Return to The Chair directed the Council to return to Res. 52-17. Res. 52-17: Res. 52-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS COMMUNITY OUTREACH INITIATIVE Transfers $1,500 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 74 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 52-17. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you. I just ask my Council Members for their support. These monies would be used for efforts relating to substance abuse prevention. So I think some of the other Council Members have a Island United Way for the same purpose. Thank you. CHR. POINDEXTER: Any other discussion? Page 41 Hawai`i County Council-5 February 8, 2017 Vote on Res. 52-17: The motion to adopt Res. 52-17 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: Clerk, we got everything, right? Okay. ADJOURN There being no further business, at 12:11 p.m., Ms. O'Hara moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O'Hara, Lee Loy, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, meeting is adjourned. JUN 0 7 2017 Council Approval: • COUN`` CLERK SM/jm Page 42