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HomeMy WebLinkAboutMIN COUNCIL 2017-03-08 2016-2018 th 7 Session ounty Council 25 Aupuni Street Hilo March 8, 2017 INVOCATION: Kahu Brian Welsh of Haili Congregational Church gave the m invocation. CALL TO The regular meeting of the ORDER: 9:06 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 Mr. Aaron Chung, Member Ms. Maile Medeiros David, Member 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, Ms. David 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 CONDOLENCE: ohina, (presented to Captain Jelsma in his absence), Conrad Bidal, Lisa Ebesugawa, and Lt. William Derr, in recognition of assisting with .) Recess: At 9:14 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:15 a.m. -7 March 8, 2017 Relinquish Chair: At this time, Chair Poindexter relinquished the chair to Acting Chair Eoff. (Note: At this time, Council Chair Poindexter presented a Certificate of Basketball team in recognition of becoming the 2016-2017 Division II BIIF Champions and Basketball teams.) Recess: At 9:29 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:30 a.m. Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Poindexter. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Megan Lamson: ( Res. 81.17 (Comm. 118); and Wildlife Fund) Bill 13 (Comm. 107.11), in support. Cory Harden: Bill 13 (Comm. 107.11), in support. Emily Garland: Bill 13 (Comm. 107.11), in support. Rene Siracusa: Res. 78-17 (Comm. 112); () Res. 79-17 (Comm. 113); and Bill 13 (Comm. 107.11), in support. Caroline Segalla: Bill 13 (Comm. 107.11), in support. Hana Anderson: Bill 13 (Comm. 107.11), in support. (representing Kohala High School) Karen Rosen: Bill 13 (Comm. 107.11), in support. Sharon Willeford: Bill 13 (Comm. 107.11), in support. Janice Palma-Glennie: Bill 13 (Comm. 107.11), in support. Russell Doi: Bill 10 (Comm. 81), comment. Page 2 -7 March 8, 2017 Leilani Bronson-Crelly: Res. 82-17 (Comm. 119), in opposition. Jon Olson: Res. 78-17 (Comm. 112); Res. 82-17 (Comm. 119); and Bill 13 (Comm. 107.11), in support. Joyce Alberta Folena: Res. 78-17 (Comm. 112); Res. 79-17 (Comm. 113); Res. 81-17 (Comm. 118); Res. 82-17 (Comm. 119); Res. 90-17 (Comm. 129); Res. 91-17 (Comm. 130); and Bill 13 (Comm. 107.11); in support. Gregory T. Smith: Res. 79-17 (Comm. 113); Res. 81-17 (Comm. 118); Res. 82-17 (Comm. 119); Res. 90-17 (Comm. 129); Res. 91-17 (Comm. 130); and Bill 13 (Comm. 107.11), in support. Bill Walter: Res. 82-17 (Comm. 119), in opposition. (representing W. H. Shipman) Linnette Sawyer: Res. 82-17 (Comm. 119), in support. (representing Hawaiian Acres Road Corp-Connectivity ad hoc) Esaiah Halliburton: Bill 13 (Comm. 107.11), in support. (representing For the Well Being for all Life) Cat Culina: All bills and resolutions listed, in support. Nanci Munroe: Res. 82-17 (Comm. 119); and Bill 13 (Comm. 107.11), in support. Mary Couch: Res. 82-17 (Comm. 119), in opposition. Elizabeth Elkjer: Bill 13 (Comm. 107.11), in support. John Elkjer: Bill 13 (Comm. 107.11), in support. (representing Sustainable Island Products) Page 3 -7 March 8, 2017 Alexa Von Alemann: Res. 82-17 (Comm. 119), in opposition. (representing POMAR HPP Committee) Sasha Payao: Res. 84-17 (Comm. 121), comment. Island United Way) Catherine Kosora: Bill 13 (Comm. 107.11), in support. Paul Buklarewicz: Bill 13 (Comm. 107.11), in support. Rhonda Nichols: Bill 13 (Comm. 107.11), comment. Lillian Renfro-Robeau: Bill 13 (Comm. 107.11), in support. John Matson: Bill 13 (Comm. 107.11), in support. Stacey Brening: Bill 13 (Comm. 107.11), in support. Joy Gold: Bill 13 (Comm. 107.11), in opposition. (representing KYD, Inc.) Christian Anderson: Res. 82-17 (Comm. 119), in opposition. William Kucharski: Bill 13 (Comm. 107.11), comment. Thomas Bolton: Bill 13 (Comm. 107.11), in support. Kion Jordan: Res. 81-17 (Comm. 118); Res. 82-17 (Comm. 119); and Bill 13 (Comm. 107.11), in support. Shannon Matson: Res. 81-17 (Comm. 118); and Bill 13 (Comm. 107.11), in support. Cherie Griffore: Res. 81-17 (Comm. 118); Res. 94-17 (Comm. 133); Bill 13 (Comm. 107.11); and Bill 15 (Comm. 133), in support. Recess: At 11:31 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:47 a.m. Page 4 -7 March 8, 2017 COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. POINDEXTER: I have had several requests to take some items out of order. We have Housing here for Bill 14 and then we have Office of Aging for a couple resolutions and then we have one for our Police Department, which is Resolution 83-17. Okay, so are we okay with that, before we do take a lunch break, taking those out of order? So Mr. Clerk, if we can do Resolution 77-17 first. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following items were taken out of order: Res. 77-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES FOR THE ANNUAL OUTSTANDING OLDER AMERICANS AWARD LUNCHEON ON MAY 5, 2017 Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 111 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 77-17. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you. Since Mr. Alameda is here, I would like to ask him to come up. (Note: At this time, Executive on Aging Kimo Alameda came forward to address the members of the Council.) MS. EOFF outstanding event that we honor our outstanding older Americans. And I think the last one I went to, it was really enhanced by your greatan excitement that you generated through hosting it. So maybe you can tell us a little bit about it. Page 5 -7 March 8, 2017 MR. ALAMEDA: Sure. First, I would like to thankMadam Chair, thank you and CHR. POINDEXTER: State your name for the record. MR. ALAMEDA guys got to weigh on your shoulders and at times, I know it can be heavy, so mahalo. luncheon to celebrate our older Americans who have given so much in their time, in their aloha, and mostly through volunteerism. th So this year marks the 50 anniversary of this luncheon in this County. Last year thth was the 50 anniversary of the Office of Aging, the year prior was the 50 th anniversary of the Older anniversary if you will. accomplishments that our kupuna has done for our County. And also, May is th Older Americans Month, so May 5 is the luncheon and the Hilton they get all excited about it. W provide free transportation from every district. We work with our County Transportation Department and the places they cannot fill in, we purchase, so we for it, a for nominations, it can be from the districts. Last year we had I believe, nine women and five men. And then at the end, they And actually, this is a luncheon that is mandated by the Older Americans Act, so -up job, and go to offset some of the expenses that we cannot get otherwise. So we appreciate it. MS. EOFF: Thank you. And it is event. MR. ALAMEDA: I try. MS. EOFF: Thank you. Page 6 -7 March 8, 2017 CHR. POINDEXTER: Okay. Council Member Richards. MR. RICHARDS: May I question? A real quick question, so what are the qualifications for the kupunas? MR. ALAMEDA: Yes. So 65 plus and resident of the Big Island. They have to fill out an application, and the application just kind of highlights their accomplishments. In the distant past, before I became Executive, there was a committee that would actually vote, you know, they would kind of like debate . And my first ye. I s. I felt like you reached already a winner. So last year, everybody was a winner, and we treated them like winners. S, so we did a lucky drawing on that one. Because the previous year, it felt funny when there . E MR. RICHARDS: Got to go, right? MR. ALAMEDA: Got to go, you guys got to go. But yeah, thanks. And they have to be willing to go to the if they win, they have to be willing to represent the Big Island as the outstanding kupuna. MR. RICHARDS: Okay. MR. ALAMEDAso 65 plus, resident of the Big Island, they get pulled. MR. RICHARDS: That last one is the hard one. go. Okay. Thank you. MR. ALAMEDA: But all expenses are paid. So we pay the chauffeur, I rent a car for them, I take them, I bring them back, and they get honored by the Governor actually. CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: Mahalo, Chair. Aloha, Kimo. MR. ALAMEDA: Aloha. MS. DAVID: You know, I was just going to mention that Council Member and I went you Page 7 -7 March 8, 2017 know, , that was so great. And I think they all appreciated it so much that just doing that, I thought was really ingenious of you to do. MR. ALAMEDA: I try. MS. DAVID: It was very heartwarming to see that, you know? It was like, MR. ALAMEDA: It was different, it was a risk. My staff was kind of concerned about it actually, but I had to go with my gut on that one. MS. DAVID are winners. And I think when my contingency came up, I was out, I was having surgery or something silly like that. MR. ALAMEDA: That, and I want to stand up. MS. DAVID: Anyway, but I wanted to say thank you and I think I can apply this nk you very much. MR. ALAMEDA: Of course and thank you. MS. DAVID: Mahalo for everything you do. MR. ALAMEDA: And I miss theI sent Clayton here to aloha you guys. I who . But I read in the paper I MS. DAVID: But mahalo for all you do. I yield. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Good morning, Dr. Alameda. How many seniors attend the event? MR. ALAMEDA: On average about 300. MS. LEE LOY: And you provide bus and van service? MR. ALAMEDA: Yes. MS. LEE LOY need the vans, so please contribute your contingency money to help them get their Page 8 -7 March 8, 2017 vans. But I do want to share that I had an opportunity to work for the Parks Department in the Elderly Activity Division, and I always found it extremely heartwarming. I was 28 years old at that time and was just so moved that so many this really is more than just winning, i communities and this is just a wonderful way to recognize them. So thank you so much for doing that. MR. ALAMEDA two workshops? grandparents raising grandchildren. One is May 12 at the golf course, and one is loves their grandchildren, but there are some tips that Psychologist, that I can provide what I think that can alleviate some of the a half day, kind of nine to 12. QLCC and Department of Health, Child and a double meaning, yeah? CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: Could you send us a quick email concerning that and just address it to the whole Council so we can post it? MR. ALAMEDA MR. RICHARDS: Thank you. MR. ALAMEDA: You bet. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 77-17: The motion to adopt Res. 77-17 was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 9 -7 March 8, 2017 CHR. POINDEXTER-17. Excuse me one one. So thank you. Res. 83-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A BIKE PATROL PROGRAM IN SOUTH HILO Transfers $3,000 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Police Department, South Hilo-Other Current Expenses account. Reference: Comm. 120 Intr. by: Ms. Poindexter Motion to Approve: Ms. Eoff moved to adopt Res. 83-17. Seconded by CHR. POINDEXTERI think Lieutenant Fujitake know if both of you want to come up. (Note: At this time, Police Lieutenant Robert Fujitake came forward to address the members of the Council.) CHR. POINDEXTER: Okay. If you could state your name for the record and then give us a brief overview of just this program real quick. LT. FUJITAKE CHR. POINDEXTER: Do you want to talk about that bike patrol thing a little bit, just what that is? LT. FUJITAKE: Sure. So for us here in Hilo, we have our bike patrol that officers do. One officer I have with me attending is Ryan Domingo, ng that we do during the week, weekends, for major events. One coming up soon is the Merrie Monarch, coming up in April that we support and have our bike officers with. Another one being the American Heart Walk, next month, we have officers assigned to that. Benefits of our bike patrol are they are very easily approachable. I compare it to foot-patrol officers. When you see an officer walking on foot or on their bike, you can go up to him, you can talk to him. I Page 10 -7 March 8, 2017 us, as opposed to officers just being in their vehicles driving by, going calls to calls. It fits our motto, too, with our unit, Bridging the gap between ourselves and the community. So for us, especially for me, have my officers out there being accessible to our community, and a bike patrol is a very instrumental way for us to meet that commitment. CHR. POINDEXTER: Thank you very much. Any questions? Council Member Kanuha. MR. KANUHA patrol, on the other parts of the island, where else are the bike patrols happening? LT. FUJITAKE: So we have it here in South Hilo, we have it in Puna also. We sure as far as the other districts, if they actually do it, especially in area two. I know that in Hilo we do it, in Puna we do it, but a lot of officers throughout the island are trained on bike patrols. In fact, we had a training that concluded about two weeks ago where we had eight of our new community police officers trained on bikes here, certified to ride. So it just opens up more doors too, so evenI know other smaller districts are planning to start it ing throughout the town. It just gives it a better connection again to the community. MR. KANUHA: Definitely. Mahalo. LT. FUJITAKE CHR. POINDEXTER : Thank you, Chair, and thank you officers for coming here. You LT. FUJITAKE Captain Jelsma as far as with their (Crime Prevention Officer) for the Puna district is trained. LT. FUJITAKE: We do have trained officers out there, some of them just got certified a couple of weeks ago. : Oh LT. FUJITAKE: Yes, so we had four of them that were certified. Page 11 -7 March 8, 2017 LT. FUJITAKE: Yes. : assuming we all know how to ride a bike, right? LT. FUJITAKE: We do have a couple of officers here on island, a couple of detectives who have been certified by LEBA (Law Enforcement Bicycle Association), which is a nationally certified trainer for officers and they can be trained on different riding techniques, tactics and Officer Domingo was part of the training, so maybe you can elaborate a little more on the training. (Note: At this time, Community Police Officer Ryan Domingo came forward to address the members of the Council.) MR. DOMINGO: Good day. Ryan Domingo, Community Police Officer. As far -day program that we go through. And just like the lieutenant said, we go through a lot of tactical dismounts, how to approach suspects when we have them. W hill ride that we do. We go from the station, up Kkau, we turn left on Kumukoa, across Mohouli, then we go around the back side of the college, up Nowelo Street, then we go from Nowelo to Komohana to Puainako extension. Then we go from Puainako extension u then we do a long, like a 40, 50 mile ride and we usually do it out in Puna. : What kind of safety do you guys wear on the bicycles because our roads are not particularly safe for bicyclists? MR. DOMINGO can brace ourselves with the gloves, and then just the helmet. : anything? Okay. Thank you. CHR. POINDEXTER: Any other discussion? Council Member Chung. MR. CHUNG fy on these resolutions. But when it does come up, and hopefully it does pass, I think I may have talked to you guys, would it be possible for you to provide a log to both myself and Ms. Poindexter as to where you guys are going and when? I mean after the fact, yeah? So that at least we have something to show our constituents that look, this Page 12 -7 March 8, 2017 is the efficacy of this program, t neighborhoods and doing that. Would that be okay? LT. FUJITAKE: Yeah. MR. CHUNG: Alright. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 83-17: The motion to adopt Res. 83-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: We move toif we can go to Bill 14, Ms. Hirota is here from Housing. Thank you. Bill 14: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING ENDING JUNE 30, 2017 Increases revenues in the Federal Grants Housing Choice Voucher Program account ($3,000,000); and appropriates the same to the Voucher Rental Subsidies account. Funds would be used for payment of rental assistance for eligible participants of the program. Reference: Comm. 128 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 14 on first reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. Thank you. I believe we have Sharon here. Thank you, Sharon. Could you just give a brief explanation of the Voucher Program? (Note: At this time, Housing and Community Development Specialist Sharon Hirota came forward to address the members of the Council.) Page 13 -7 March 8, 2017 MS. HIROTA: Sure. So the Housing Choice Voucher Program is commonly asking for approval to increase our budget line item for the fiscal year 2016-2017. So when we created the budget for 2016-2017, we estimated what we would receive from the federal government for rental assistance. Since then, we have received, or is expected to see an increase in our revenues increasing from $14.5 million to $16,600,000, which is an increase of $2.1 million. So we rounded up to $300,000 just in case something happens between now and June 30. But the increase allows us to spend theto increase our revenue line amount th so that we can spend the money before June 30. MS. DAVID CHR. POINDEXTER: Any other questions or discussion? Council Member Ruggles. MS. RUGGLES: Thank you. I just had a quick question. Is the program the same program that Hope Services offers? MS. HIROTA MS. RUGGLES: Okay. MS. HIROTA: So we run two different programs. MS. RUGGLESte voucher? MS. HIROTA: Yes. MS. RUGGLES: Okay. Thank you. CHR. POINDEXTER: Council Member David, do you have any? MS. DAVID: No, I yield. Thank you. CHR. POINDEXTER: Okay. Page 14 -7 March 8, 2017 Vote on Bill 14: The motion to pass Bill 14 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Thank you. MS. HIROTA: Thank you. CHR. POINDEXTER DPW (Department of Public Works) how much longerand we have DEM (Department of Environmental Management). DEM which should be quick resolutions. Is everybody okay with doing DPW and DEM real quick, or Bill 17: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Adds the Public Works Hakalau Stream Bridge Repairs Project for $5 million (Federal ($4 million) and County ($1 million)) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable ($4 million) and General Obligation Bonds, Capital Projects Fund Fund Balance and/or Other Sources ($1 million). Funds would be used for repairs to the Hakalau Bridge, which has been declared unsafe for use. Reference: Comm. 141 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Motion to Approve: Ms. David moved to pass Bill 17 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. Page 15 -7 March 8, 2017 MS. DAVID: Thank you. Mr. DemarcoI think if Council Members have any self-explanatory and important. CHR. POINDEXTER: Okay. Are there any questions or discussion? Vote on Bill 17: The motion to pass Bill 17 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER-17. Res. 90-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO ROLL-OFF PULL TRAILERS Authorizes the Mayor to enter into a five-year lease for two roll-off pull trailers at an estimated monthly cost of $2,000. The trailers would be used by the Department of Environmental Management, Solid Waste Division, to haul refuse and recyclable bins from various transfer stations to approved and permitted solid waste and recycling facilities, and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 129 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 90-17. Seconded by CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. I think this isthe resolution explains the purpose for this resolution quite well unless anyoneMr. Richards has questions. I will yield and call Director Kucharski and Mr. Goodale. (Note: At this time, Environmental Management Director William Kucharski and Solid Waste Division Chief Greg Goodale came forward to address the members of the Council.) Page 16 -7 March 8, 2017 CHR. POINDEXTER: Mr. Richards. MR. RICHARDS questions. And Chair, this concerns actually five of the bills coming before us, finances. And anytime we talk about that, Director, and this may be a question that we need finance in. It appears that this is all lease-to-own and when I sum these up, looks like we have about a $50,000 a month payment on about $2.8 million of equipment. And my question for you is, is this a revolving, replacement deal, or is this almost an emergency type of purchase? Is this part of feeling for thi DIR. KUCHARSKI: MR. RICHARDS: Got it. MR. GOODALE: Okay. Good morning, Greg Goodale, Solid Waste Division Chief. So the answer to your question is multi-a sum of all you said. p trailers, the pull trailer, are actually new equipment changing the way we do some of the hauling of the materials and it adds to our efficiency. It allows us to be able to take twice as much load using those pull- behind trailers as we would with just a single truck. So it makes it more efficient but these are new equipment and it goes along with changes in the facilities that we instituted. The roll- accommodate changes in our facilities that are more in tune to pulling the 40 yard dumpsters as opposed to the full trailers. And then there are pick-up trucks that one of them is a replacement of a truck that was stolen from one of our base yards, so basically keeping our fleet rolling. kind of a combination of all the above of what you said. Some of it is replacement of old equipment and some of it is new equipment based on new operations. MR. RICHARDS: Okay. Thank you. And this might be a question for Finance, Chair. I assume these are lease-to-own, is that a question you guys can answer? MR. GOODALE: Yes. Page 17 -7 March 8, 2017 MR. RICHARDS: And the funds actually come out of your budget? Does it come out of a different? MR. GOODALE: They come out of our budget. The lease payments come out of our budget. MR. RICHARDS: Okay. Do you happen to know what the lease rate is? MR. GOODALE our Business Manager would know the percentage rate we pay on those leases. (Note: At this time, Business Manager Robin Bauman came forward to address the members of the Council.) MS. BAUMAN Environmental Management. One of our most recent lease agreements, the rate was a little under two percent, I think it was about one point seven seven. MR. RICHARDS MS. BAUMAN MR. RICHARDS: Okay. Alright. Just big questions for big dollars. Thank you. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Aloha. Robin, you might want to just stay. A follow up increasing capacity for the fleet. Is that accurate? I see yes. So then during this lease-to-own option, what happens if it breaks? I always ask this question. MS. BAUMAN more of a, just a financing MS. LEE LOY: So during this lease option, are they being protected by warranty? MS. BAUMAN: Yes, the warranty that comes with the equipment itself. MS. LEE LOY: How long is that warranty? MS. BAUMAN: That would vary by equipment. MS. LEE LOY: Is it with like, the duration is five years, is the warranty being covered for the five years? Page 18 -7 March 8, 2017 MR. GOODALE: In answer to your question about warranties, so typically, a warrantyso you might have a bulldozer that would have a warranty that would be say for two years, whereas one of these roll-off trucks might only have a a standard warranty that any one piece of equipment would carry with it. But essarily puts into. Typically what we would try and do is write in like a minimum warranty, but sometimes what you would see would be a warranty that would go in excess what the County would put in for a warranty on equipmentto pick a warranty that would be more like an industry standard. MS. LEE LOY: And then is there an option to extend a warranty for coverage? MR. GOODALE: That would have to be with the MS. LEE LOY: Vendor? MR. GOODALE: Person you purchased the lease. The lease just covers, like Robin said, as far as how it gets paid over the five-year period. MS. LEE LOY: I yield. CHR. POINDEXTER: Thank you. Any other questions? Vote on Res. 90-17: The motion to adopt Res. 90-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Moving on to Resolution 91-17. Page 19 -7 March 8, 2017 Res. 91-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A RUBBER TIRE BUCKET LOADER Authorizes the Mayor to enter into a five-year lease for a rubber tire bucket loader at an estimated monthly cost of $3,800. The loader would be used by the Department of Environmental Management, Solid Waste Division, to place nitary Landfill, and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 130 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 91-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you CHR. POINDEXTER: Still here. Okay, any questions? Vote on Res. 91-17: The motion to adopt Res. 91-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 92-17. Page 20 -7 March 8, 2017 Res. 92-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THREE REFUSE TRAILERS Authorizes the Mayor to enter into a five-year lease for three 120 cubic yard refuse trailers at an estimated monthly cost of $8,400. The trailers would be used by the Department of Environmental Management, Solid Waste Division, rtment upon completion of the terms of the lease. Reference: Comm. 131 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 92-17: Ms. David moved to adopt Res. 92-17. Seconded by (Adopted) Ms. Eoff carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 96-17. Res. 96-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A DOZER Authorizes the Mayor to enter into a five-year lease for a D8T Dozer at an estimated monthly cost of $15,000. The dozer would be used by the Department of Environmental Management, Solid Waste Division, to break down refuse at minimize airspace used and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 135 Intr. by: Ms. David (B/R) Waived: FC Page 21 -7 March 8, 2017 Vote on Res. 96-17: Ms. David moved to adopt Res. 96-17. Seconded by (Approved) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 97-17 Res. 97-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A DOCUMENT FOLDER/INSERTER Authorizes the Mayor to enter into a five-year lease for a document folder/inserter at an estimated monthly cost of $700. The document folder/inserter would be used by the Department of Environmental Management, Administration/Business Services Office, to fold and insert bills into envelopes for mailing. Reference: Comm. 136 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 97-17. Seconded by CHR. POINDEXTER: Are : Is this a replacement? Do we currently have a document folder/inserter? It sounds great. MS. BAUMAN: Yes, it is a replacement. Our current machine is about 10 years old so the maintenance on that is creeping up and : Thank you. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Just a quick question. Do you folks bill monthly or bi-monthly? MS. BAUMAN: Both. We have some accounts that are billed monthly. The majority of our waste water accounts are billed semi-monthly, but we have one cycle going out every month. Page 22 -7 March 8, 2017 CHR. POINDEXTER: Okay. Thank you. Any other questions? Vote on Res. 97-17: The motion to adopt Res. 97-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 98-17. Res. 98-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THREE PICKUP TRUCKS Authorizes the Mayor to enter into a five-year lease for three pickup trucks at an estimated monthly cost of $1,800. The trucks would be used by the Department of Environmental Management, Solid Waste Division, to transport workers from the baseyards to island-wide transfer stations and other solid waste facilities, and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 137 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 98-17: Ms. David moved to adopt Res. 98-17. Seconded by (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 99-17. Page 23 -7 March 8, 2017 Res. 99-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO BOOM TRUCKS WITH HYDRAULIC ARMS AND GRAPPLES Authorizes the Mayor to enter into a five-year lease for two boom trucks at an estimated monthly cost of $8,000. The trucks would be used by the Department of Environmental Management, Solid Waste Division, to pick up greenwaste, white goods, and other bulky items that are being diverted from the landfill, and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 138 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 99-17: Ms. David moved to adopt Res. 99-17. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 100-17. Res. 100-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THREE ROLL-OFF TRUCKS Authorizes the Mayor to enter into a five-year lease for three roll-off trucks at an estimated monthly cost of $12,000. The trucks would be used by the Department of Environmental Management, Solid Waste Division, to haul refuse and recyclable bins from various transfer stations to approved and permitted solid waste and recycling facilities, and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 139 Intr. by: Ms. David (B/R) Waived: FC Page 24 -7 March 8, 2017 Vote on Res. 100-17: Ms. David moved to adopt Res. 100-17. Seconded by (Adopted) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: So at this time, lunch break? So do we just want to come back at 1:30? Is 1:30 okay? So we are in recess until 1:30. Recess: At 12:27 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:43 p.m. CHR. POINDEXTER doI know the with that? Mr. Clerk, Bill 16. Bill 16: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING ENDING JUNE 30, 2017 Appropriates revenues in the State Grants Agricultural Crimes Project account ($91,891); and appropriates the same to the Agricultural Crimes Project account. Funds would be used to hire an agricultural investigator at the Office of the Prosecuting Attorney for one year to investigate and prepare cases for prosecution. Reference: Comm. 134 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 16: Mr. Richards moved to pass Bill 16 on first reading. (Adopted) 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. Page 25 -7 March 8, 2017 CHR. POINDEXTER: Is everybody okay with doing Bill 10 before Bill 13? Are you guys okay with Bill 10 first? Okay, Mr. Clerk, Bill 10. Bill 10: AMENDS ORDINANCE NO. 12-111 WHICH AMENDED ORDINANCE NO. 99-116 WHICH AMENDED ORDINANCE NO. 96-159 WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2016 EDITION, AS AMENDED) (formerly referred to as Section 25-114, City of Hilo Zone Map, Article 3, Chapter 25, Zoning Code), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 7,500 SQUARE FEET (CN- COVERED BY TAX MAP KEYS: 2-2-044:003, 031,032, 035, AND 037 (Area: 322,414 square feet) The Windward Planning Commission forwards its favorable recommendation for amendments to Conditions C, G, and Q of Change of Zone Ordinance No. 12- 111, which would: 1) Grant a time extension to secure final subdivision approval; 2) Modify the timing of installing drainage improvements; and 3) Reduce the fair share contribution provision for this assisted living facility. Reference: Comm. 81 Intr. by: Ms. Eoff Approve: PC-5 Motion to Approve: Ms. Eoff moved to pass Bill 10 on first reading and adopt Planning Committee Report No. 5. Seconded by CHR. POINDEXTERyou want to take the lead on this? Okay. Council Member Lee Loy. MS. LEE LOY: For the rest of my colleagues, what we heard back in, at our other meeting was issues regarding the flooding. The developers are actually doing some wonderful work to ensure that the flooding issue will be taken care of. They also met with the community and again, their concern is to ensure that whatever work is done on the corner, that all of the water will be retained on site. The conditions of approval, not only in the zoning ordinance, but in the use permit ordinance, really does capture that and provides assurity that all beyond to ensure that. We did hear one testifier earlier today regarding some of the possibility of contaminated soils, ative in the Page 26 -7 March 8, 2017 (Note: At this time, Tom Yeh and a principal of Rhodes Moore, LLC John Dewalt came forward to address the members of the Council.) MR. YEH: Good afternoon, Madam Chair and members of the Council. Yes, I did hear Mr. Doi speak CHR. POINDEXTER: If you can just identify yourself for the record. MR. YEH who was there at the Planning Committee, who is a principal of Rhodes before they went ahead and got deeper into the acquisition of this property, did MR. DEWALT Yes, we did have a phase one that looked at the history of the site and looked for potential environmental issues and came up with no concerns. MR. YEH things I wanted to mention was that whatever State, County, and Federal requirements there are, those are both boilerplate conditions of both the use permit as well as the zoning conditions. So when they move ahead with their and whoever else needs to sign off on those permits as well. Thank you. CHR. POINDEXTER: Thank you. You still have the floor. MS. LEE LOY: I yield. CHR. POINDEXTER: Okay. Council Member Richards. MR. RICHARDS: I appreciate that, Mr. Yeh, thank you so much. I think you probably hear the concerns of the Council. We are concerned about making sure we address the concerns of your neighbors, not just for you guys, as for all the MR. YEHwns the property now, later this afternoon about 3:00 to discuss the easement issue that pretty clear to us that their current easement is not something that Public Works is Page 27 -7 March 8, 2017 common driveway that they could use along with an alternate access as well. So they will have a combination of two. Their current legal access, as we indicated before has never been used by them, up exists now. MR. RICHARDS: Okay. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Council Member Eoff. MS. EOFF: And my comments or concerns were on the same lines as you can MR. YEH where, hopefully from their perspective, they can understand the real practical And as Councilperson Lee Loy indicated, yes, whatever drainage issues are being generated by the development itself basically practically all we can at this point. And just to let you know, too, is before we even went to the Planning Commission hearing, we actually sent a notice to all the residence within 500 feet and did invite them to the community meeting. We recently got forwarded a th to them, to meet with them on June 20 or something like that to discuss traffic and related issues. Thank you. CHR. POINDEXTER: Okay. Council Member Chung. MR. CHUNG this rezoning but I just wanted to make a few comments. First of all, this I think s your construction time table, if I may ask? MR. DEWALT: This is John Dewalt. We expect to get most of the entitlements taken care of through this summer, and then start construction which is Page 28 -7 March 8, 2017 a year to a year and a half or two years depending on weather and issues. So the reality of completion is probably two and half to three years, or longer. MR. CHUNGtable happen because as I said, it really fulfills a vital need in our community, but said it on many other larger types of projects, most recently I think it was an elderly, some senior project i force and try to employ as many of our local people, both in the construction industry as well as the service industry. And I reallyit would really say a lot hook here. But I would urge you to do that if you could, please. MR. DEWALT: Yes, we are using local architects, local engineers. My ex. There are already several we reached out to. On the employment side, for the most part of the 45 with the potential exception of the Executive Director of the site. Most of them will be local employees. MR. CHUNG MR. DEWALTseveral of these kinds of projects and our plan is to actually hold these for quite some time. MR. CHUNG: Alright. Okay. Thank you. MR. YEH: And Aaron, Councilman Chung, my is a feel good project, it really is something that will serve the community. And I have to say John has really been pushing the team so to speak, to get stuff done as quickly as possibl pushing us to get that done. In this particular case, I got to say that John is for going to operate it ware. And so yes, we got somebody who is a real player in this community and wants to be involved. Thank you. CHR. POINDEXTER: Any other questions or discussion? Page 29 -7 March 8, 2017 Vote on Bill 10: The motion to pass Bill 10 on first reading and adopt (Approved) Planning Committee Report No. 5 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. MR. YEH: Thank you very much. CHR. POINDEXTER: Thank you very much. I know we have several people -17. But if we start at the top of the agenda, I think we can knock all of these out quickly before we get to Bill 13 where MR. HENRICKS: , too, ? CHR. POINDEXTER: Yes. MR. HENRICKS: Thank you. CHR. POINDEXTER: Sorry about that. Return to Order The Chair directed the Council to return to the order of business. of Business: APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of Minutes: December 5, 2016 and December 21, 2016. Seconded by (Approved) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 30 -7 March 8, 2017 CHR. POINDEXTER: So we can file the approval of the minutes. Okay. So now Mr. Clerk, Resolution 65-17. ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 65-17: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 7-3-003:010, SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS LOT 4 OF HALEOHIU HOMESTEADS, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 8.2-acre property is listed as priority No. 10 for purchase in the 2016 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 93 Intr. by: Ms. Eoff Approve: FC-6 Motion to Approve: Ms. Eoff moved to adopt Res. 51-17 and Finance Committee Report No. 6. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF this, we spoke of it last time. And I was asked to provide a little bit more detailed this is located. So do you all have Communication 93.1? Anyways, I think if you give you a brief description. If you were on the parcel, you would be directly s located up mauka amongst quite bit of Highway, and kind of near Estates to the north of it. And it is to the north of Kaiminani Drive, which is the Palisades subdivision. There are several lei Estates and this is where that area is. Is that helpful? Okay. Thank you. CHR. POINDEXTER: Is there any other discussion or questions? Page 31 -7 March 8, 2017 Vote on Res. 65-17: The motion to adopt Res. 65-17 and adopt Finance (Adopted) Committee Report No. 6 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 78-17. Res. 78-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE RENOVATION OF ITS ENVIRONMENTAL RESOURCE CENTER Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Research and Development, Reference: Comm. 112 Intr. by: Motion to Approve: moved to adopt Res. 78-17. Seconded by Ms. David. CHR. POINDEXTER: : We heard earlier from Rene Siracusa who is the Director of . This is an organization that began as an offshoot of the Outdoor Circle, 27 years ago and has provided lots of public outreach and community programs in the Puna area. They recentlyone of their board members was able to acquire an old plantation-style house on the main street in They cleaned up the back part of the property, which is a nice acreage with lots of fruit trees and been really nice. And it was at a time when we lost much of our meeting space for non-profits in due to the fire. Many of the non- organizations like that, PCMC, that Puna Community Medical Center, their Page 32 -7 March 8, 2017 board. And so they made their space available for non-profits to meet and they have a really nice space that handles about 24 people, so much needed space in open this community resource center. I ask for your support. Thank you. CHR. POINDEXTER: Okay. Thank you. Any questions or discussion? Vote on Res. 78-17: The motion to adopt Res. 78-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 79-17. Res. 79-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA RESTORATION PROJECT Transfers $5,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 113 Intr. by: Motion to Approve: moved to adopt Res. 79-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: for several years. It is a State Forest Reserve and in the area where we have he, s . This work is done mainly by volunteers, but they, of course, require equipment and other things. So I would like to pass over this money so they can continue this restoration project. CHR. POINDEXTER: Okay. Any question or discussion? Page 33 -7 March 8, 2017 Vote on Res. 79-17: The motion to adopt Res. 79-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 80-17. Res. 80-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE ANNUAL OUTSTANDING OLDER AMERICANS AWARD LUNCHEON Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 117 Intr. by: Ms. Poindexter Motion to Approve: moved to adopt Res. 80-17. Seconded by Ms. David. CHR. POINDEXTER: We heard about this with Kimo Alameda this morning so I just ask for your support. Vote on Res. 80-17: The motion to adopt Res. 80-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 81-17. Page 34 -7 March 8, 2017 Res. 81-17: AND HOUSE BILL 229 RELATING TO TINY HOMES Urges the State Legislature to pass House Bill 2 to address affordable housing for farm workers and House Bill 229 to construct affordable shelters for houseless individuals and low income families. Reference: Comm. 118 Intr. by: Mr. Richards and Ms. Ruggles Waived: GREDC Motion to Approve: Ms. Ruggles moved to adopt Res. 81-17. Seconded by Mr. Richards. CHR. POINDEXTER: Who wants to go first? Council Member Ruggles? MS. RUGGLES: Sure. Thank you, Chair. This resolution came from a meeting in Kohala actually, with Cindy Evans, regarding tiny homes. We currently lack a legal and easy way for people to build tiny homes, the country that has been demonstrating the success and the reality of how feasible these can be economically and environmentally, because they use a lot less materials. HB (House Bill) 2 will provide a legal pathway for addressing affordable housing for farm workers on ag land. I thank the Clerk for providing this little description update on these measures. I wanted to clarify that in the description it says, less than 500 square feet for farm workers in agricultural districts. . . . districts. This is only for people infor farmers engaged in agricultural activity with an agricultural/commercial license for their immediate family or just for specifically for farmers. And HB 229 basically sets a prohibition on the County, sort of a guideline across the state for mandating minimum house sizes. So from here, we can lot of room for our unique needs within the Building Department. We can still mandate a lot of regulations as needed to meet fire and life safety or environmental purposes. So this is just sort of setting a foundation for starting the discussion on how we can start making tiny homes a reality here and an option for those who need it. I know within my district, wea lot of people own land and the majority of the houses are unpermitted because the process is just simply too expensive and Page 35 -7 March 8, 2017 So if we could provide a way to encourage people to build safer homes through allowing them to build smaller, more affordable homes, I think this is a step in the -sponsor. Thank you. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. Thank you Council Member Ruggles. Yes, this is a springboard off of a meeting that was held in North Kohala, I want to say six weeks ago now. And there is a movement, there is strong interest in this type of housing developing, especially in the agricultural area. And when the Councilwoman and I were talking story about this, trying to see if we can help move this forward, this is not the end game, this is just to get the conversation rolling. We did have an informational conversation because I want to be sure . And so we did have a conversation with Director Michael Yee concerning if he had any concerns and listen to them very carefully. There are some things that we have to look as far as the permitting side, but the concept and moving forward so we have this potential ability to use for our farmers on agricultural land, convert people that are living in areas, maybe make them more compliant and thereby being more responsible and safe. So again, this is not the end game, this is the first step in moving things forward so I think that summarizes it between the two of us. And I ask for your support as we get this going. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? : Thank you, Chair, and I totally support the idea of tiny homes. One thing I would note though is it appears that HB 229 has not made it to crossover so HB 2 is alive. I cautioned us at our last meeting about writing resolutions that are specific to bills that are advancing through the legislature, in that the language within one bill could be shifted to another through a process called gut replace. So when you identify it by bill number, you may not have a live bill that corresponds. So it may be best just to do it in terms of concepts that we support instead of by bill number. lands. The HB population of more than perhaps Maui Page 36 -7 March 8, 2017 This is great. Conditions, and Restrictions), we try to embrace the idea of allowing for tiny homes, and not having a minimum square footage size, and try to adopt a process similar to what the County does, in terms of notification of surrounding homeowners when they come forward for design review and they have a smaller community in terms of their concerns about lowering property values and that sort of thing. I personally support tiny homes. The smaller the better, the less to clean, less to maintain and makes a lot of sense to me. I love the idea, b everyone. Ss concept but more broadly. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Council Member Lee Loy. MS. LEE LOY: I appreciate what Ms. Ruggles and Mr. Richards are trying to do Mr. Richards is saying. This is just a baby step in a direction to get us going. But moving forward, this is where the Planning Department and a comprehensive overhaul of our zoning law will be a critical piece to ensure that one, it becomes a plan approval? How many square feet? All those things have to be hammered out. So I can support this here and now, recognizing that there will be more steps down the road. But I would encourage a lot of work with the Planning Department to make sure when they are doing their overhaul of the zoning code, that this is just one more piece that they look at. Thank you. CHR. POINDEXTER: Okay. Thank you. Any other discussion? Council Member Kanuha. MR. KANUHA anything that Ms. Lee Loy just brought up. But it kind of isthe general sense of it is part of our whole overhaul of what we are trying to do with affordable I think it is, like you said, one of the parts to that missing puzzle that we really need to figure out because it is currentlywe have a lot of issues here on this island. So if that is a small part mething we should be pushing. I know this is just for ag land, out, then I support. Page 37 -7 March 8, 2017 CHR. POINDEXTER: Okay. Thank you. Any other discussion? Council Member Richards. MR. RICHARDS conversation going. T with Public Works, a lot of things to cover just to get the thing going. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 81-17: The motion to adopt Res. 81-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 82-17. Res. 82-17: URGES THE STATE DEPARTMENT OF TRANSPORTATION TO CLASSIFY THE CAPITAL IMPROVEMENT PROJECT FOR HIGHWAY - ALTERNATE ROUTES, AS A TOP PRIORITY AND TO ISSUE $15,000,000 DEPARTMENT OF PUBLIC WORKS, BEFORE THIS APPROPRIATION EXPIRES ON JUNE 30, 2017 Further requests the Director of the Department of Transportation to retain the as a establish eligibility for Federal funds. Reference: Comm. 119 Intr. by: Ms. Ruggles Waived: GREDC Motion to Approve: Ms. Ruggles moved to adopt Res. 82-17. Seconded by Ms. O CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you. As you all may be well aware of the recent situation Puna was in with the lava flow, that is what has prompted this resolution. Upon meetingthis is also an effort to support our Senate and House Page 38 -7 March 8, 2017 Representatives efforts in providing for an alternate way onto Highway 130. That is actually where this comes from. Last legislative session, there was an appropriation act that authorized $15 million for an alternative route onto have 26 percent of hurricanes, flood, lava, and car accidents, and Highway 130 has closed very frequently. And when that happens, it creates a bigger hazard because people do havethere were a couple of testifiers that came and they mentioned some other routes that currently exist. Those two Eight R is a one-lane road that is very hilly, there are blind hills, and it leads to a private subdivision. If we are directing and the maintenance through Orchidland. And the other route is Eight Road and Eight Road is also substandard. I fit dedic r reason why we need an alternate route and something needs to be done. At this time, should I call DPW up? I know that they had some concerns that they wanted to talk about. (Note: At this time, Director of Public Works Frank Demarco and Deputy Public Works Director Alan Simeon came forward to address the members of the Council.) MR. DEMARCO just yesterday. Thank you, Jen. I had a conversation with Jen at your lunch break and we went over CHR. POINDEXTER: Can you identify yourself for the record? MR. DEMARCO: Still with that? CHR. POINDEXTER f will help them a lot. MR. DEMARCO: Frank Demarco, Director of Public Works. Thank you. So DPW certainly understands the concerns for alternate routes and we handed out, I Department of Transportation, and his concerns. So I guess it boils down to a question of if we receive the $15 million, what does that mean? And again, we discussed this with Jen earlier. So I was going to ask Alan to present, if we receive the $15 million, what does that translate into? Page 39 -7 March 8, 2017 MR. SIMEON: Thank you. Alan Simeon, Deputy Director of Public Works. Thanks, Frank. Anyway, we look at our estimatedhow much it costs per mile of es of road for two lanes with some shoulders. It may not include enough drainage improvements and also utilities. We looked at the feeder roads to Highway 130 from Shower to Leilani Street, and there are about 22 intersection legs feeding into that road, just for that portion of 130. If we were to apply or improve portions of those 22 roads, the length of improvements would be about 700 to 1,000 feet of road improvements for each of those roads. road, which probably will take us about three to four miles of improvements. Estimated. However, included would be in the cost is the right-of-way acquisition, which a lot of these roads is owned by associations with numerous owners, and the condemnation process will be also possibly costly and lengthy. So that much more that it will be subtracted from the improvement money. Thanks, Frank. MR. DEMARCO: Frank Demarco again. So if we were to receive these funds, it ation to continue the improvements along Highway 130, which, in an evacuation out of the Puna area, is going to be critical. me speak to that. When Iearly on, our Mayor, Harry Kim approached me and said, directing me basically, to put together a Master Plan for the Puna area in of paper is kind of the beginnings of this effort. A little hard to share with you but maybe afterwards you can take a look at this. So the intent here was to improve connectivity but it also is intended to improve emergency escape routes. And so we are looking at this, we are actively looking at this. So the intent is engineering is Public Works, or Engineering Division is identifying these routes and then we take it forward to Planning, work with them, and we take it forward to the Mayor and to you and the community to get community acceptance. And then we move forward with funding and design, property acquisition. So this is long-term, fix, reasons that Alan had stated. So Ed Sniffassuming County Administration better to direct that $15 million to improving Highway 130, which is what Ed had indicated to me. I had a couple of conversations with him on this issue. He was suggesting that when the time comes, the County pursue its own funding for finding these routes. I would agree with that, obviously bonds, these types of nt that to you. Page 40 -7 March 8, 2017 MS. RUGGLES: It was about a month, it was one of the first timesI think you were two weeks into the new position. MR. DEMARCO: Brand new. So she approached me with this issue and I indicated at that time, general support, not really knowing all of the nuances to d idea, and I apologize for that. I should have withheld any recommendation until I was fully informed on the issue. So I do apologize. MS. RUGGLES: Thank you, Frank, and thank you, Alan. I want to remind everybody that this is for the construction repair or maintenance of alternative routes and feeder routes onto Highway 130. I also would like to say that I did while back and hewhen we talked about this plan to provide Puna with alternative route until the lava crosses the road, which I feel, and I feel is the sentiment of many of our residents, is that would be too late. Thank you for the numbers for the three to four miles and regarding the 700 feet that we would be reasonably pushing for. W each 22 little roads going on there, and what for anything in specific. This is $15 million for the construction of and the repair or maintenance of alternatives routes on to Highway 130. And I feel like this is getting sort of misconstrued to a specific route and to a specific project. Regarding the right-of-way and the condemnation that we may need, as you provided me, we do have eight current County roads that connects to Highway 130. Two of those could apply for these funds or could qualify to be as for these funds for the repair and maintenance of 8 Road, inaloa. All of those do need work, there are no shoulders on either of tho dedicable standards for being the only emergency access route in and out of Highway 130. be doing improvements to Highway 130. I think the residents address the issue of what happens if the road closes. Where do people go? And ety for smaller projects that can be implemented quickly. I do believe that this would Page 41 -7 March 8, 2017 of the people that live in Puna. And this has to do with safety and that this could be a smaller project. people of Puna, as far as I know, are also very happy with that, and it is needed. and out of Highway 130. The connectivity plan or these little links between the through these private roads and the liability and the maintenance are still going to sit on the shoulders of the residents that live in those private subdivisions. questions and CHR. POINDEXTER : Thank you, Chair and thank you folks from DPW for being here because I have a couple of questions based on what you just told us and what Ms. Ruggles has shared. I believe that I understood Ms. Ruggles to say that we do not own all of what is referred to as PEAR, Puna Emergency Access Routes, inaloa, up from Highway 11. Is that correct-of-way? MR. SIMEON: But we do maintain them. : You do maintain them? So you have a maintenance agreement with the owner on that? CHR. POINDEXTER: Just one second, can you just identify yourself for the record? MR. SIMEON: Sorry. Alan Simeon again. Yes, we maintain it accordingwe had talked with Neil Azevedo, so they do go there and maintain the roads. But : Okay. And I had talked to Mr. Demarco, I think last week about the fact that there is a upper Puna Connectivity Plan that was brought to Council I believe last October, it was approved here. And that same committee, Marlene Hapai, Patti Pinto, and a number of other folks who put in already a couple, few years of dedicated work are now set to work on Puna Makai Connectivity Plan. I hope that you are able to interact with those folks. I believe their next meeting is next Tuesday at 3:00-6:00. I can send you an email, I might be mistaken, just off s when it is. Page 42 -7 March 8, 2017 connect the dots type of plan, is it a circulation plan for Puna roads? Is that correct? How would you describe what the Master Plan the Mayor has asked you to develop? MR. DEMARCO: CHR. POINDEXTER MR. DEMARCO: Is this really necessary? CHR. POINDEXTER: Yes, it is. MR. DEMARCO: It is? Okay. CHR. POINDEXTER: you. MR. DEMARCO: , I uwas the ad hoc committee report, are you familiar with that? So if there are that forward, but this was in part developed from those two plans. So, not a lost effort and we will be bringing it forward to these folks as well. makai portion of Puna now with a similar type of connectivity plan. They just started a couple of months ago. And some background that Ms. Ruggles presented this money was put into a CIP (Capital Improvements Program) in 2015 legislative session by our representative, Joy San Buenaventura. At the time, she used very vague language but her intent was for it to be spent for what wre calling Puna Makai Alternate Route. Now many different narratives. And one is a highway that connects Railroad from the end of Railroad in Hilo, coming out of Hilo, one narrative, and that would, as described, would be a four-lane road, 128 foot right-of-way, and that describes a four-lane road. The more recent concept out of the CDP, the Puna Community Development Plan was for more of an emergency road like you described it, two-lane road. And if Alan has given us an estimate that if we had $15 million that might allow us to Page 43 -7 March 8, 2017 move ahead with about three to four miles of actual road on the ground type of thing. The money, as acquired, was an estimate done by your predecessor, the previous Director, Warren Lee. And he gave Ms. San Buenaventura the number of $15 million, for a phase one of the PMAR (Puna Makai Alternate Route), which she envisioned to be from Milo Street to Paradise Park, not through Paradise Park. And that was the originalI mean that was why she went after this money in 2015. the Councilwoman when she came to me about talking about this idea, is that DOT (Department of Transportation) They have their own priorities and they obviously are not interested in turning over this $15 million to the County, and I never really assumed that they were. Because no, they have not completed the widening of Highway 130, which is a MR. DEMARCOJust like to speak to that. I interesting you know, the community fought for improving Highway 130 and here we are moving forward on that and then we want to take away money to help interesting as a proposal, which would greatly improve the circulation through that corridor. from Shower to the bypass I believe. MR. DEMARCO -time and not from 3:00 p.m. to 6:00 p.m. or whatever it is that they MR. DEMARCO: Glad you brought that up. W : Extend those hours? Thank you. MR. DEMARCO: Three to seven I think it was. : Three to seven would be a whole lot better than what we currently have. MR. DEMARCO forward, will be shortly. Page 44 -7 March 8, 2017 there, I hope. Thank you. MR. DEMARCO: Thank you. MR. SIMEON: If I can just add something. I do live on Shower Drive so I know the hardship every morning and also going back home, but I also understand the necessity of the emergency roads, especially when there are traffic accidents that they had to close down the road for four to seven hours, that period. So I can understand both sides, but the immediatejust for example, if I leave my house at 7:10 a.m., I would be on Shower Drive half a mile down and wait for about wait about 10 minutes. So if you multiply the wait for each and every vehicle there, you can actually see how much gas that we are burning. However, I believe be a lot less. But anyway, I just wanted to add that. Thank you. CHR. POINDEXTER: Thank you. Council Member Eoff. MS. EOFF: , -range, something that needs to happen but not immediately. Because the State Department of Transportation has prioritized improvements to roads that already exist, t oking at may have to wait. And in the meantime, to address emergency is this other connectivity plan where we would have at least emergency access, ways to get in between subdivisions and out or around. Not great, but at least it would offer routes. Is that what is happening? MR. DEMARCO: Frank Demarco again. MS. EOFF, -range vision. B folks state is that the re, and MR. DEMARCO: Basically the State wants to use this money to continue improving these roads, and I would agree with that. MS. EOFF: Improve the existing MR. DEMARCO is to create other Page 45 -7 March 8, 2017 MS. EOFF: Direct routes. MR. DEMARCO: Yes, other routes to 11 during emergencies, to evacuate. We are actually looking at doing some improvements on Lako and Phala to try to help facilitate some of that evacuation. So map, I apologize for that. MS. EOFF: I can kind of get the gist because I thinkand that is more in sync with what the ad hoc that the previous Council had to look at. Because I think they were, not only visioning perfect scenarios, but they were also looking realistically at what would just be the, at least for emergency purposes, things that the County could accomplish for connectivity. MR. DEMARCO: Frank Demarco again. CHR. POINDEXTER when we have the discussion and then they ask something and you MR. DEMARCO: No, I just want to make sure I was doing the right thing here. So this is multifaceted I guess from our perspective. We want to do the Master - with some solutions immediately, which is why I was pointing these out. I mean these are, if you can see that, the green is paved roads and so our intent is to do improvements on these little red areas here in order to create the circulation that Jen, well all of us are interested in as far as evacuation zones, and allow HDOT to complete the improvements to Highway 130, not take away their funds that will perhaps limit their ability to complete that effort. do some improvements with our in- this effort so that we create that opportunity for people to evacuate out onto 11. To my way of thinking this is more feasible than taking away $15 million and perhaps delaying or not completing the Highway 130 effort. Plus we have to work with HDOT MS. EOFF than bang your head against the wall, you want to go with something that is MR. DEMARCO: Thank you for that. MS. EOFF: A little more feasible. Page 46 -7 March 8, 2017 MR. DEMARCO: I guess I should just state it. I mean we do work very closely some difficulties in that relationship. It will not help, so if you would be mindful of that, I would appreciate it. MS. EOFF notice. No, the letter from Ed kind of revealed pretty clearly the attitude. MR. DEMARCO said that. MS. EOFF Members how we should proceed. Thank you. CHR. POINDEXTER: Council Member Chung. MR. CHUNG: Thank you, Madam Chairman. I think all of us would like to support any initiatives that would positively affect other districts on the island, particularly the road situation in Puna. Being a Hilo resident, we go to Puna quite often and it is horrible. I mean we know it, but the issue here is very simple. W what the total background was with regard to the appropriation. But when she have a plan really. So I think the better wayfirst of all, the Department of here. hat they were talking about so some people from the community came up, they were under the impression that maybe some road is going to impact them and what kinds of regard. If it was just to repair the existing roads, million for that, but there seems to be a bigger plan here, as you explained. And I T , going to use a basketball analogy. There a lot of people who could dribble a ball and get past people. They make beautiful moves and when they get to the basket, the author of the appropriation bill was, you said representative Page 47 -7 March 8, 2017 ropriation in, they got to follow it all the way through, they got to talk to the Department of Transportation, they got to talk to the County, they have to talk to the Governor, and get it released. I applaud Ms. Ruggles for her efforts. She has consistently said that roads have CHR. POINDEXTER: Council Member David. MS. DAVID Kuakini Ms. Ruggles referred to Eight Rinaloa, no shoulders. Is that along Highway 130? MR. DEMARCO: Frank Demarco. MS. DAVID: Very good. MR. DEMARCO: Alright, now I forgot the question. MR. CHUNG really not germane, the them come up on a separate day with a presentation as to what their game plan is with regard to is a request to have $15 million released by the State, release. A got it right now. Madam Chairman, I think we got to CHR. POINDEXTER: Okay. But I think everybody was referring to the to encourage Council Member Ruggles to maybe withdraw this until such time you can bring up something that you could work with maybe Joy, the State Legislators in your district and thenso that may be another option is to withdraw it until such time that you may want to bring something else up, instead of voting on this. So that will be your option. So with that in mind, I just ask Council Member David to stick to the resolution, ask what you need to ask, and then we can move on from there. Thank you. Page 48 -7 March 8, 2017 MS. DAVID: I just had one quick question, Mr. Chung, and that was in her resolution. She refers to maintenance of feeder roads off of 130, so my question is, Route 130 is one of the priorities for the HDOT, would that fall into that priority for Puna, as he states in his letter? MR. DEMARCO: As far as Highway 130 is a priority, yes. MS. DAVID: And are these feeder roads along 130 for repairs and maintenance? Would that fall in? I want to support not going to do. But I really wanted some clarification that maybe it could fall into their priorities under the Route 130, i ind supporting it because MR. DEMARCO think Alan basically a parallel to 130 somewhere else within the community. MS. DAVID: Right. I know that. So then she says for feeder roads andbut all can that fall under the maintenance of the feeder roads, along 130? Can that be considered? MR. DEMARCO: For roads that connect into Highway 130, the intent is to improve those intersections and this $15 million features into that and that would be HDOT MS. DAVID: Thank you. CHR. POINDEXTER: Okay. I know that Council Member Lee Loy had her light on before, are you still wanting to? Okay, Council Member Lee Loy. MS. LEE LOY: I think the long and short of it is I want to support this resolution, work that has to happen at the County level. And yeah, we might be asking for it, ld actually encourage them to keep doing the work at Highway 130, and then dovetail what we need to do at the County level with all of our roads in Puna and HPP (Hawaiian Paradise Park), doing. And couraged to hear that there are already some steps we can take with restriping the road that would actually have a bigger carrying capacity in opening that shoulder lane for agitate them to help us. Page 49 -7 March 8, 2017 I will admit when this all started, I felt incredible pressure that you guys were going to just shift a whole bunch of traffic to get dumped onto Railroad, which is on was so vague, I will admit, I was on th has come out in force, not only in their own community development plans, but as a departme Highway 130, let DOT or HDOT focus on what they need to do, we focus on what we need to do, and then nicel wonderful road connection plan. Then even dovetail our transportation mass transit plan on top of that with some of what we heard from our other testifiers about Park and Rides so they can get on the bus, s road. . Mr. Sniffen made it clear, u not going to listen. So I yield at this time. CHR. POINDEXTER: going to allowCouncil Member Kanuha. MR. KANUHA hour talking about this but the whole point of this thing is HDOT will not release time, and I appreciate what Ms. Ruggles is doing to advocate for her community If anything could happen with Route 130 on the funding and the improvements that are going into that, or Kuakini Highway, which is a huge impact on our priorities and the monies and the funding for those projects, I really cannot on this island. ween communities, especially in Kona where we have major issues with a lot of people living very close to the water and very few connections to get away for . I simple to me, $15 million will not be released for this project. Saying that, I just CHR. POINDEXTER Page 50 -7 March 8, 2017 : I just wanted to add some more history to this. I did say it was passed by, or Joy San Buenaventura put this into the CIP in 2015 and it was one of those instances where at the final week of conference drafts, the language where it was supposed to go to Public Works originally, and it was switched to DOT. S I do agree there is so much DOT could be doing to Highway 130 that will make it safer, restriping just from Shower to the bypass, is not sufficient. The whole bypass has never been restriped since it was put in and I that was, but it was a considerable time. You drive that at night in the rain, you -speed road right there. So if we could encourage them to spend this money making the road more safe, that would be really great. described as a one laner. In the case of emergencies, when Highway 130 is closed right by there, either an accident or flo. no signage depicting the Puna alternative emergency route from Highway 11 down through inaloa. I had to laugh, I watched it. I think it was a year ago we had a very bad accident and the road was closed for a good six or seven hours and I was at home I had Nobody knew where it was and there really is no signage. So if people find themselves in that kind of emergency situation, know where the alternatives are. Just putting that outso if you guys work Get it opened and four-laned as far down the road as we can with the extra monies, but also consider some signage for Puna when we need to know where to go. CHR. POINDEXTER: Council Member Chung. MR. CHUNG: Thank you again. I really did want to support this. I tried all kinds of ways of finding ways of supporting this, but I think the best thing for me to do and for Ms. Ruggles is to vote against it. A just to the legislature, we just recently approved this, something urging the legislature to pass tiny houses and we all talked about the technical difficulties give them my vote Page 51 -7 March 8, 2017 each and every one of them to ask for their support. So you send them up a nd people the governor, because if the governor says release, they release. And what should be in voting against it is this. If you guys recall during the last term, Fresh would , about how important it was to build relationships with the State government and even higher. And it developing solid relationships at the legislature. And those things all come to bear at the very end when you need it. So Ms. Ruggles is now a young Councilperson, bright future, first few months on the Council, but you have standing. You can start building these relationships throughout the State and with able to go over there to the Department of Transportation and have a sit down with them and re going to release the money, you . I really want to see you develop yourself as a solid legislator. Thank you. CHR. POINDEXTER: Any? Council Member Richards. MR. RICHARDS: Thank you, Chair. Going through my campaign and getting to conversation today, Councilman Kanuha, I here you as far as Kuakini. I mean we Councilwoman Ruggles, I completely support your concept of putting on the front going to support this resolution for many things that are articulated. I think s actually very important along those lines that identifies and articulates what needs to have happen. And that I can get behind. to put in jeopardy the $15 million I realize that this is a partnership between the two organizations. So this conversation has been very good because it articulates this side. We talk about east side and west side. Councilwoman one island, iI have access problems in my district as well and keenly interested in promoting it, but we have to have the plan come forward. So again, I appreciate the time. Thank you. Page 52 -7 March 8, 2017 CHR. POINDEXTER: Thank you. Council Member Eoff. MS. EOFF: already suggested the idea of withdrawing this, but I just wanted to restate that. Because rather than send any mix messages or put any confusion into something we really do all agree with, it might be better for you to come back with something that we can send a consolidated meh our department and the State, m this point, but I would just want to back-up what Ms. Poindexter suggested rather than having to vote on this. CHR. POINDEXTER: Okay. Council Member Ruggles. MS. RUGGLES: Thank you. And thank you all for your very thoughtful feedback. I really do appreciate it. And I do understand everything that saying and I hear you. This resolution will be directed to several agencies and representatives regarding the fact that it would take away from a projectfrom other projects, 130 and Kuakini. That does concern me, but the scale of those projects are so large and this is something that should be in addition to that and it is necessary. going to release the money and I have worked with our State representatives on this, Joy and Russell. In fact, I had a draft of this prepared a month ago, it was on the agenda and I withdrew it because I had other work to do that I needed to speak with Joy and Russell on. This is a very difficult decision for me and this is asking them to release $15 million in bonds that was previously authorized and expires in have expressed to me that this resolution would be very helpful for them in any future possibilities with DOT. My constituents are up in arms about this. They were so happy to hear I was doing this and I have to stand with the people in my district who are at risk of . Connectivity and direct routes are nee district and I will be supporting this resolution. CHR. POINDEXTER justCouncil Member Lee Loy. MS. LEE LOY: As a Ms. Ruggles to consider what Mr. Chung is saying because building relationships is very, very important. I do hear your urgency for your district, but sending a mixed signal on a resolution that barel Page 53 -7 March 8, 2017 how anybody wants to start, and especially starting that conversation with DOT because DOT is a very tough nut to crack. Like Mr. Chung, I would encourage ferEd Sniffen is my cousin, so if you need an even better introduction to start having that conversation, I can help you with that. own homework to do here with our Puna roads and coming up with a price tag to it and we go to figure that out. And so having DOT continue to work on our Highway 130 is really critical if we want our roads to match up with theirs. So just some food for thought. CHR. POINDEXTER: Okay. Thank you. Council Member David. MS. DAVID: So I justChair, would I be able to ask our Clerk a question? CHR. POINDEXTER: Sure. MS. DAVID: Mr. Clerk, I have a question for you. Okay. If resolution fails, do we still forward it on? MR. HENRICKS: No. MS. DAVID: No, t get forwarded to the agencies that are listed? MR. HENRICKS: Correct. The point of resolution is generallywell these adopted. MS. DAVID: Okay. MR. HENRICKS: That is my understanding. Correct. MS. DAVID: Thank you very much. CHR. POINDEXTER: Okay. So I just want to say I totally appreciate your efforts and your commitment to the people you serve. If I had to chooseif I was in your shoes and I had to choose whether I build that relationship with Department of Transportation Island who. You still Page 54 -7 March 8, 2017 can build your relationships, regardless if you stand strong with your resolution. I totally believe that because any relationship can be built on anything. I commend you for standing up for the people you serve because it truly says a lot because I believe , and what you want to have done, your legislators, and they said that this would help too. I definitely want to build efforts and for, like what you said, for the constituents and the people of Puna that you serve. B important and that Puna has gone without for so long. And this was just kind of like a way to start that conversation, even if it was a strong way. B if it was a strong way because Sniffen wrote a strong letter too. So having her put the resolution is no different than his strong words here. So I will be supporting you on this. Vote on Res. 82-17: The motion to adopt Res. 82-17 was carried by the (Adopted) following roll call vote: Ayes: Council Members Ruggles, and Chair Poindexter 5. Noes: Council Members Kanuha, Lee Loy, and Richards 3. Absent: Council Member Chung 1. Excused: None. CHR. POINDEXTER: Okay. Can we do Resolution 84-17? Res. 84-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS YOUTH ENGAGEMENT INITIATIVE Transfers $4,000 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Liquor Control, Public Programs account. Reference: Comm. 121 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 84-17. Seconded by Ms. David. Page 55 -7 March 8, 2017 CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA CHR. POINDEXTER: Thank you. Any questions or discussions? Vote on Res. 84-17: The motion to adopt Res. 84-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Ruggles, and Chair Poindexter 6. Noes: None. Absent: 3. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 85-17. Res. 85-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE HIGH SCHOOL GRAD FOR PROJECT GRADUATION 2017 Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 122 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 85-17. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: drug- Page 56 -7 March 8, 2017 Vote on Res. 85-17: The motion to adopt Res. 85-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Ruggles, and Chair Poindexter 6. Noes: None. Absent: 3. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 86-17. Res. 86-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE PRIMER AND BASE PAINT FOR THE STANLEY COSTALES -UKA GYM Transfers $1,589.53 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Maintenance Other Current Expenses account. Reference: Comm. 123 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 86-17. Seconded by Ms. Ruggles. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY to support this. This actuallythe gym suffered a fire a littlecouple years back whole thing, o the community has already expressed a lot of support and thanks for the new paint on the gym. Thank you. CHR. POINDEXTER: Thank you. Any questions or discussion? Page 57 -7 March 8, 2017 Vote on Res. 86-17: The motion to adopt Res. 86-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: Council Members Chung and 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 88-17. Res. 88-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Parks and Recreation, Division Other Current Expenses account. Reference: Comm. 126 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 88-17. Seconded by Ms. David. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Just ask for your support. Thank you. Vote on Res. 88-17: The motion to adopt Res. 88-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: Council Members Chung and 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 93-17. Page 58 -7 March 8, 2017 Res. 93-17: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $300 TO THE DEPARTMENT OF PARKS AND RECREATION Elderly Activities Division. Reference: Comm. 132 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 93-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is just our authorization so that the Parks Department can accept the donation, so I appreciate your support. CHR. POINDEXTER: Thank you. Vote on Res. 93-17: The motion to adopt Res. 93-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 94-17. Res. 94-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN SECTION 46-7, TO RECEIVE FUNDS FOR LITTLE FIRE ANT (LFA) CONTROL PROGRAM Authorizes the Mayor to enter into an agreement to accept $225,000 to hire up to three staff members and provide equipment and bait needed to establish an LFA control program to fight the invasive species at County parks. Reference: Comm. 133 Intr. by: Ms. David (B/R) Waived: FC Page 59 -7 March 8, 2017 Motion to Approve: Ms. David moved to adopt Res. 94-17. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. I think this is pretty much self-explanatory to address the little fire ant situation we have here. I assumed Director Kamaka was going to be here but if anyone has questions, I can ask her to come down. CHR. POINDEXTER: Okay. Any questions? Council Member Kanuha. MR. KANUHA: I know this has been going on year after year. I just want to mahalo the efforts that Mr. Onishi did previously with the regards to little fire ant and again, mahalo to State Department of Agriculture for providing us the money. It really goes a long way in controlling thisI know there are a lot of efforts all over the island to try to control little fire ants and stop it from spreading, so every little bit helps. CHR. POINDEXTER: Okay. Thank you. Any other discussion? Vote on Res. 94-17: The motion to adopt Res. 94-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 95-17. Page 60 -7 March 8, 2017 Res. 95-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN SECTION 46-7, TO RECEIVE AGRICULTURAL CRIMES PROJECT Authorizes the Mayor to enter into an agreement to accept $91,891 to hire an agricultural investigator at the Office of the Prosecuting Attorney for one year to investigate and prepare cases for prosecution. Reference: Comm. 134 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 95-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. This is pretty much self-explanatory and I appreciate your support. CHR. POINDEXTER: Okay. Any other discussion? Council Member Richards. MR. RICHARDS: ? Is the intent to hire another investigator? Is that the idea? I really support this because , so lan was. MS. DAVID: I believe that is correct, an ag inspector because of the ag thefts that are going on. MR. RICHARDS: Okay because this has been an ongoing problem for 25 years, for as long as I can remember. Thank you. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: As Mr. Richards said, it wouldI would have loved to hear ther program. An Ag Crimes Investigator, moving up in the world because we hear it all the time. Every single year, we have constituents calling us all the time and I know Mitch deals a lot with this, but Page 61 -7 March 8, 2017 CHR. POINDEXTER: Do you want to defer this to the end? MR. KANUHA CHR. POINDEXTER: No? Okay. Go ahead, Council Member Richards. MR. RICHARDS: I do that as more of an informational for the rest of the Council, they have lowered the threshold of theft for ag commodities to make If you steal 20 pounds of whatever, I think the number is 20 pounds, it makes it a felon , but I would like to, maybe at art, if we can ask. I would support this definitely, for sure, but then if we can just get an update CHR. POINDEXTER: So Council Member MS. DAVID: Yes, I will contact Mr. Roth and ask him to email all of us the answer to your question. MR. RICHARDS CHR. POINDEXTER: Thank you. Any other question or discussion? Vote on Res. 95-17: The motion to adopt Res. 95-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: 2. Excused: None. CHR. POINDEXTER do Bill 15 because then we can movetake a break and move right into Bill 13 for the rest of the day. Mr. Clerk, Bill 15. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following item was taken out of order: Page 62 -7 March 8, 2017 Bill 15: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING ENDING JUNE 30, 2017 Appropriates revenues in the State Grants Little Fire Ant (LFA) Control Department of Agriculture account ($225,000); and appropriates the same to the LFA Control Department of Agriculture account. Funds would be used to hire up to three staff members and provide equipment and bait needed to establish an LFA control program to fight the invasive species at County parks. Reference: Comm. 133 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 15 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and this is the companion to the resolution that we just heard, so I appreciate your support. CHR. POINDEXTER: Any other discussion? Vote on Bill 15: The motion to pass Bill 15 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 7. Noes: None. Absent: 2. Excused: None. CHR. POINDEXTER Recess: At 3:26 p.m., the Chair called for a recess. Reconvened: The meeting reconvened at 3:39 p.m. CHR. POINDEXTER: Mr. Clerk, please read in Bill 13. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 63 -7 March 8, 2017 BILLS FOR The Chair directed to Council to proceed to the next order of business, ORDINANCES Order of the Day (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 13 (Draft 2): (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE FOOD CONTAINERS AND FOOD SERVICE WARE Prohibits food vendors from dispensing prepared food in disposable polystyrene food service ware effective July 1, 2018. Exempts ice chest and coolers, County facility users and food vendors with approval by the Environmental Management Director, and County facility users and food vendors procuring supplies during an event declared as an emergency by the Mayor. Reference: Comm. 107.11 Intr. by: Approve: EMC-1 Motion to Approve: moved to pass Bill 13, Draft 2, on first reading and adopt Environmental Management Committee Report No. 1. Seconded by Mr. Ruggles. CHR. POINDEXTER: : Thank you, Chair. Thanks for the clarification. I would like to, at this point, amend Bill 13, Draft 2, with Draft 3 and that is in your package, one of your folders here. MR. HENRICKSmunication number and your to. : Okay. Thank you, Clerk. It is Communication 107.13. CHR. POINDEXTER 12. Motion to Amend contents of Communication 107.13. Seconded by Ms. David. CHR. POINDEXTER Page 64 -7 March 8, 2017 : Thank you, Chair. The draft two of the bill amendments to Bill of environmental management shall administer this article and shall adopt administrative rules pursuant to Ch another amendment in Bill 13, Draft 2, Section 20, Exemptions. And we have re- alphabetized these exemptions and (c) has been fish and raw meat shall be exempt until such time that a compostable alternative is So that would form draft 3 of this bill and I would hope we could continue our discussion with those modifications. CHR. POINDEXTER: On Communication 107.13, Council Member Richards. MR. RICHARDS: Thank you, Chair and thank you, Chair of Environmental d And I think I will speak essentially agree with the intent and the direction, but it comes down to devil is in the detail as far as how we actually get this process done. I also have amendments coming forward and I have aconsidered very closely the right direction. I got it, I hear that. Some other things that bother me and there in my amendment and we can discuss those a little bit later, bringing up some of the points that our director for environmental management, if we put for us as a Council to demand something, especially at a much higher level of oing to be expecting essentially an educational program, an oversight program, as well as enforcement. And without some of the exemptions in the bill, though I do agree with some of the intent and direction of this current version, version three, I am still very concerned about the going into the County, we need to set the example first, not potentially exempt ourselves, but to set the example first. And so I have problems still with the version there. y by Councilman Kanuha and I would like to offer a potential solution to some of this. One of our problems with dealing with all this amendments is not being able to talk story. Page 65 -7 March 8, 2017 But I believe under our rules of operation, we could put together a committee and do an ad hoc committee to sit down and talk story about the different amendments and come to a meeting of the minds, because I truly believe everybody on the Council is seeking a solution. But having the ability to talk story about it is where things cost to get done, and spending hours of Council time is very expensive. Perhaps we can appoint an ad hoc committee that will allow us to have the conversation, less than five members, people willing to put together the amendments so we come back to the Council with a one voice that makes sense, that satisfies the needs of the Council, the needs of the community, and go forward. CHR. POINDEXTER: Council Membernot meaning to interrupt, but we could possibly discuss that more when we get back to the main motion. Right now We can come back to that because that is desperately needed to be talked about. Thank you. MR. RICHARDS: Okay with that, I was going to finish up anyway and we can come back and talk story about that. So I yield at this point. CHR. POINDEXTER: Thank you. On Communication 107.13, Council Member Kanuha. MR. KANUHA: Thank you. Director. (Note: At this time, Environmental Management Director Bill Kucharski came forward toaddress the members of the Council.) MR. KANUHAwhen we go through this amendment, if correct. Because it would consistent with his amendments. MR. HENRICKS: We did an analysis, Legislative Research Branch and myself, 14 or neither. MR. KANUHA: So just specifically on this one, because I really would love to , seen 107.13? DIR. KUCHARSKI: Yes, Bill Kucharski, Director of DEM. Yes, I have. Page 66 -7 March 8, 2017 MR. KANUHA: Are there any comments you would like to make about these amendments? DIR. KUCHARSKI: One question is when we talk about the effective date, is that the effective date of the bill or the effective date of the polystyrene foam ban? Which date is that? MR. KANUHA CHR. POINDEXTER: Okay. So I thinkMr. Kanuha, do you mind if we ask : Yes, I did and I believe that which the ordinance would take effect. And for the record, Councilman Richards is recommending rolling it back by a year and that would put the effective date at July 1, 2019. And I am not at all opposed to that, just so I go on record as saying . We need to, I believe, move on we discussing? Is that correct? MR. KANUHA this continues on and we actually vote on this particular amendment to amend the original motion, it changes up the dynamics which means that another amendment . : I agree. That is correct and I think what we want to do it get back to the original motion so we could have a broader discussion on what Councilman Richards is recommending. MR. KANUHA CHR. POINDEXTER: No. s recommending that we form an ad hoc rent amendments at once. CHR. POINDEXTER Kanuha. And right now, we have the Communication 107.13 so your hesitation is because of another amendment that might come forward that we may not be able to discuss, but MR. KANUHA: Well myI want to be able to discuss that amendment, th Page 67 -7 March 8, 2017 CHR. POINDEXTER: Okay. So MR. KANUHA CHR. POINDEXTER: Because the other option is dealing with this communication and even if this goes through, you still can talk about what you would like to see in that draft two with the contents of this communication and still talk about that and at another later point, could get amended. Correct, Clerk? MR. HENRICKS: If the question is that new amendments could be drafted with consideration for .13, yes, they could. CHR. POINDEXTER , which is Council get MR. KANUHA: No, I understand. Director Kucharski, with the clarification by n about that, or could that be interpreted many different ways? DIR. KUCHARSKI: the reason I asked that question is that if the effective date is the date that the ban goes into effect, these rules that before the effective date, not after the effective date, i the effective date is when thithe July of six months. MR. KANUHA: And how about the exemptions? DIR. KUCHARSKI: The only exemption I saw was for the raw fish and raw meat, that to Code and the law of the County is, and if you exemptI do like the fact developed, we would then have to go in and decide who determines that, whether I MR. KANUHA: Okay. Thank you. CHR. POINDEXTER: Okay. Council Member Eoff. Page 68 -7 March 8, 2017 MS. EOFF: amendment contained in Communication 107.13, possibility that we might create an ad hoc committee, which would then be a vehicle to bring a lot of proposed amendments that are floating out here together, without even doing this one first. So I was wondering if we could hear from . Then maybe we should just not entertain proposed amendments at this time, we should entertain the idea of forming an ad hoc committee. CHR. POINDEXTER MS. EOFF CHR. POINDEXTER: Herokaya question MS. EOFF: What her feelings about forming an a not on the amendment, but it kind of would make a difference whether we should go forward with these proposed amendments or not. CHR. POINDEXTERbility to withdraw she could withdraw this so that we could talk about that possibility of forming the ad hoc? MS. EOFF: Yeah, that might make sense. CHR. POINDEXTER: So I Communication 107.13 at this time so we can go back to the main motion so we can talk about everything. CHR. POINDEXTER withdrawing. Withdraw Motion to Amend: with the contents of Comm. 107.13. CHR. POINDEXTER Bill 13, Draft 2, Council Member Eoff, you still have the floor. MS. EOFF: I would like to hear from the maker of the bill how she feels about forming an a. I think maybe that would be the best way to save Council Members and staff time and Page 69 -7 March 8, 2017 come forward with incorporating the best of all that we can do and bring that to CHR. POINDEXTER : Yes. To me, this is a very important bill and important to get it today for instance, Mr. Kucharski brought in an unmarked s Big Island at this point in time, and we were able to confirm from the one manufacturer of styrofoam food take- one of his, s seein asking us to basically clarify in this bill so as to make his job easier in making as a number seven. Number seven is all other plastics. This is made from veg-based plastics, so this is considered compostable, but it has got a recycling symbol on the bottom as well. And then we have here a cup from Starbucks. I the outside and the lid is a number five. We recycle one, two, and five here on this island. So this lid is recyclable, but this cup is not because it has a plastic liner and this is something that Starbucks introduced many years ago. And in cities where they have a large presence, they actually help put up facilities that large enough user of Starbucks to invite them here to this island. So I can understand that there are lots of little nuances here in terms of the enforcement. We do not want to make this a costly endeavor for DEM, we want to make this as simplified as we possibly can. S with some. And I see your amendment, Mr. Kanuha, going along the same lines. And as I said before, I am not opposed to extending the timeline if we have to extend this another year to get it right. right because other counties around the State may be following our lead and I think t CHR. POINDEXTER: Thank you. Council Member Lee Loy. MS. LEE LOY: main motion or are we at the motion to amend? CHR. POINDEXTER main motion. Page 70 -7 March 8, 2017 MS. LEE LOYo speak in favor of forming an ad hoc committee. There are a number of things that I think this ad hoc could do, which is take all of these amendments or proposed amendments and come up with something great. I also am going to say I need to be somewhere at 5:00, and so willing to make a motion to form an ad hoc committee pursuant to our Rule 7 under our procedures. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Okay. Procedural here. Councilwoman, did you make a motion or you said you would make a motion? You would make a motion? tent is there to seek the appropriate answers and solutions for everybody around the table. And if I wanted to play games, I could make a motion to adopt my amendments, amendments back in good faith. A am concerned about putting this in application. Listening to our Director and looking to the future and actually having things appropriate for themw and looking them to develop programs and seek the funding and possibly seek The reality is, and we can use whatever food about, that goes into the environment. Listening to our Director and with the now in my mind as well. So I think to get something really good, we, Hawaiians say hoomanawanui, we take a breath, we slow down a little bit and talk story. So I am a big proponent of having an ad hoc committee to sit down and talk story, ctually going to answer the questions and the concerns of our constituencies. So I would definitely support that and I can skip the rest of the stuff because of 5:00 coming. I yield. CHR. POINDEXTER: Okay. Council Member Eoff. MS. EOFF: Thank you. I think we might need to consult with the Clerk because I know when we form an a. I think I remember him telling me once a while back, now that it just kind of came back, that for the purpose of drafting legislation, is that okay to do that through that vehicle of an ad hoc? Or is that? Page 71 -7 March 8, 2017 MR. HENRICKS: -profit ad hoc committee that many of you will be participating in tomorrow, ultimately, creating a smaller group of the Council, then to produce amendments to a bill or even legislation onto itself. B prudence would be to confer with OIP (Office of Information Practices) as to their ng that would be within the spirit of the Sunshine Law. But again, we do form ad hoc committees and those ad hoc committees do ultimately provide information that does turn into amendments to our operating budget. S for many years, but I do want to ad hoc committee or vote. Our rules simply provide that the Chair of the Council or committee essentially establishes that out committee through theirjust by and what the scope of the investigation is. MS. EOFF: Okay. Just so we can all understand. After the bill failed last term, we formedwas that an ad hoc committee? Or what was that task force? MR. HENRICKS: Law, which was more than one Council Member participating in a MS. EOFF: was just to explore a lot of options, right? MR. HENRICKS group of course, as individual Council Members introducing things. MS. EOFF any one of us or just the Chair of the Council would propose the formation of the ad hoc committee? MR. HENRICKS according to the rules, that establishes the committee, the membership, the scope need to be that detailed necessarily, but of course for the recordbecause usually when . We do seem to prevent that, but the Chair would be the person that establishes the importantly, what the scope of thebecause our rules basically say to investigate matters before the Council. So one could say that applies. Got to define the Page 72 -7 March 8, 2017 of the investigation, it really should be limited to within that scope. MS. EOFF: Okay. Thank you, Mr. Clerk. CHR. POINDEXTER: our Corp Counsel before we go to OIP? Because OIP is going to betoo late tonight, too, yeah? Do we want to postpone this and then go to OIP and do all that before we try to form an ad hoc committee? Because postponing it is okay as well while we do the investigation and come back, Eileen, maybe with what you found out. Your thoughts? : My thought is, and this is another question for the Clerkit says establishment is the Chairperson of the Council or a standing committee. Now am Chair of the standing committee in which this bill was introduced. Can I make the motion? Not make the motion, but call for the ad hoc committee. MR. HENRICKS: I suppose, but I would read the rules asbut again, these CHR. POINDEXTER. I caution, do we just, like our Clerk said, do we check with OIP? Can we check with our Corp Counsel? : Can we check with our Corp Counsel? Because like you say, OIP is probably not going to be responsive to our request at this point in the day. The other alternative here, if I understand this, would be to individually deal with each amendment that is offered, including the ones I offered, including the ones Mr. Kanuha offered, and including the ones that Mr. Richards offered. And some of these are amendments to the same section of the bill, so it gets very complicated. I really think that we need to investigate the enforcement element of this and come back with very clear language that defines that portion of it and any exemptions that are necessary this time, due to the state of say technology. So that to me would be the scope and we would report back our findings and recommendations, etc. S, but perhaps our Corporation Counsel could opine on whether this would be an effective way to CHR. POINDEXTER: And I would just suggest another way, too, done it before in the past, where Council Member Wille has taken all of the suggestions and recommendations and had postponed it and came back with the amendment of the entire group. And came back with that as a strong amendment, Page 73 -7 March 8, 2017 versus the whole ad hoc with only a few people and all. Continuing the conversation, taking from each of the Council Members, then she would postpone it and then she would bring it back with the amendments that had incorporated . A h that as we know, by but I already have amendments from two different people so that limits the discussion right there. I will be happy to do that to the best of my ability if the ad hoc. CHR. POINDEXTER: I think if we could all give our opinions and you know what the amendments are looking like from Council Member Richards and Council Member Kanuha and then coming backpostponing this and coming fit. That is one way and I thinkCouncil Member Chung. MR. CHUNG: Was I going to be given an opportunity to make a suggestion? CHR. POINDEXTER: Yes. MR. CHUNG: I mean relating to amendments? CHR. POINDEXTER: Yes. MR. CHUNG: I have been a vehement opponent of this bill and anything like it, but I will tell you what would make me vote for it. You guys probably will not incorporate it in, but at least let me tell you what would make me vote for it. Well it, but would be better and more fair if you made a total ban on polystyrene. it for any fund raisers. Across the board, we wipe polystyrene out of this island, not just pick on the poor food vendors. o happen and I cannot even guarantee my vote in grandfather the people who are using it right now. Anybodyyou go back two years maybe, you say anyone who has used polystyrene in their operations, any food vendors as of June 2015 or whatever it is, and who can provide proof of that, -polystyrene people Page 74 -7 March 8, 2017 you got my vote. CHR. POINDEXTER MR. CHUNG: Thank you. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. I hear the concerns about whether or not an ad hoc might be valid. We talk about being leaders, we talk about leading the way, and if this a way that we can actually start solving problems for the County . I think that input should go into an ad hoc committee and we talk story about it and get it that supports us, and in reality, our constituents, what it costs us to sit at Council. ,500 an hour, maybe $2000 an hour for us to do this. By putting together a committee and being able to vet through some of this stuff, s, Councilman Kanuha has his, and le for ad hoc to get that talk , the end story because what it is, it comes up with a recommendation for the amendment. And this actually may start something for us going forward. We have the fact-finding people, okay? We get stuck in a tough one, okay we take this, we talk story about it, and then bring it forward and then everyone can have the input. ad hoc committee to solve these things, and I will volunteer. These are some of my amendments, I will sit on that committee and I would do it with good spirit with our Environmental Management Chair, there because one of his amendment too. CHR. POINDEXTER mind doing it, just the scope of service would be similar to what our grant that your Human Services Committee stated. Can we get that language on how that amendment is made so that I could use that as the scope? And then we can Page 75 -7 March 8, 2017 establish an ad hoc committee and then on that a four, right? We select four? And I think that four is a good balance from all the ad hoc committee, but I need the language for the scope of services that is similar to what we already do, that justification to OIP. So Clerk, can I have your recommendation? MR. HENRICKS: I think that because this is a different situation, it would be a different language. But if you want to just take a recess, we can kind of get together CHR. POINDEXTERlanguage oming back with amendments thatHuman Services Committee is coming back with amendments and they always postponing, coming back with amendments, and then postpone again, coming back with amendments. I want to be able to do the same take a brief recess, 10 minutes. Recess: At 4:17 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 4:26 p.m. Formation of CHR. POINDEXTERgoing to establish an ad hoc Ad Hoc Committee: Chair of this committee and Council Member Tim Richards as the Vice Chair, and the other members would give input and support. The scope of the investigation is to allow the ad hoc committee to meet with appropriate agencies and individuals for the purpose of developing a report to the Council containing a proposed amendment or proposed amendments to Bill 13, Draft 2. This islet it be said, let it be done, so it is done. I can probably adjourn the meeting, but I will entertain someClerk? MR. HENRICKS: We would just need a motion to postpone. CHR. POINDEXTER: Okay. We would need a motion postpone it so that we can bring it back after. MR. RICHARDS: Just a quick question. CHR. POINDEXTER: Sure. Council Member Richards. Page 76 -7 March 8, 2017 MR. RICHARDS: As far as support for this, we just use our staff to support this a CHR. POINDEXTER: Yes. MR. RICHARDS: Okay. Alright. CHR. POINDEXTER: So at this time, can I have a? Council Member Kanuha. MR. KANUHA: Sorry. Not to delay further, just really quickly, just trying to figure out the exact scope of this ad hoc committee and how we organize how weis that based upon us and how we figure that out or? CHR. POINDEXTER: Yes. MR. KANUHA: Is there a given time period of whattwo years, five years? CHR. POINDEXTER: Well you can putwhen you make the motion to postpone, then we can make it to a time certain that you guys can come back and give us a report as to what you have found so far. MR. HENRICKS: And when you do that, factor in thepart of the rules for an ad hoc committee is that they present, you guys do nothing, and then you can act matters or not. CHR. POINDEXTER is handled. So Council Member Chung, question? MR. CHUNG But when I said since, you know, that day, looking back and Iriously though, my suggestion. But I suggested that anyone who has been using it since a protecting all the people who have been using it for many, many years but any Johnny-come-latelies maybe who have been in operation for like six months or before maybe January 2016 or something like that. Not since January 2016, that before would be grandfathered in. And not 2017 now, 2016 and back. CHR. POINDEXTER: Thank you, Council Member Chung. Council Member Page 77 -7 March 8, 2017 : Thank you for that suggestion, Mr. Chung, we consideration. I do have concerns about the enforceability of that kind of approach. I am going to move to postpone Bill 13 and CHR. POINDEXTER: Hang on one second. Clerk? MR. HENRICKS: I apologize, but what Mr. Kanuha said made a lot of sense about putting an end frame on the committees work. A would make sense is to put that date forward then the committee would present its report in the form of a communication. The bill need not be on the agenda itself, it could even go on the Environmental Management Committee. So then in other words, you would postpone this to the call of the Chair, which would give you the flexibility to put this back on the agenda. At which point in time, the report has been completed, the ad hoc committee has done its job, but again, then you need to establish that end date on when the committee would complete itswhen the report would be due to Council by, I should say. CHR. POINDEXTER: Right. So your postponement would be to the call of the Chair, but I would state on here an end date for the ad hoc committee? Okay, so can I ask Council Member Richards or timeframe how do you feel about that? : I believe we could have a report back by June of this year. CHR. POINDEXTER: Okay, so can we have a June what of this year? Can I go ahead and move over to Council Member Chung? MR. CHUNG: to intrude on the wisdom of the subcommittee or ad hoc committee, but it kind of coincides with our budget review, yeah? I would say, my good sense tells me make it after the budget is adopted. : I was going to say June 30. Weting until July and so if that is our end date for completion of the ascope that would be amenable to at least one other member. How about the other members? Does that seem okay? Scope of CHR. POINDEXTER: Okay, so the scope of investigation is to allow an ad hoc Ad Hoc committee to meet with appropriate agencies and individuals for the purpose of Committee: developing a report to the Council containing a proposed amendment or proposed amendments to Bill 13, Draft 2, by June 30, 2017. Okay? So there it is. So now you can go ahead and make your motion to postpone. Page 78 Hawai`i County Council-7 March 8, 2017 Vote on Motion to Ms. O'Hara moved to postpone Bill 13, Draft 2, to the call Postpone: of the Chair. Seconded by Ms. Lee Loy and carried by the (Approved) 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. ADJOURN There being no further business, at 4:34 p.m., Ms. Lee Loy 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 adjourned. JUN 2 3 2017 Council Approval: •N ,. ( , ,,e COUNTY CLERK SM/j a/jm Page 79