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HomeMy WebLinkAboutMIN COUNCIL 2017-03-22 2016-2018 Hawaiʻi County Council th 8 Session West Hawaiʻi Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawaiʻi March 22, 2017 INVOCATION: Father Lio Faletoi of St. Michael’s Catholic Church was unable to attend. Seminarian Vincent Vu gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:10 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile “Medeiros” David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Eileen O’Hara, Member (via videoconference from Hilo) Mr. Herbert “Tim” Richards, III, Member Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Mr. Richards led the Council in the Pledge of Allegiance.) Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Poindexter. PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERITS, AND (Note: At this time Ms. Eoff and Mr. Kanuha presented Certificate of EXPRESSIONS Recognition to Carolyn Dillon for her coordinated efforts to combat Little OF CONDOLENCE: Fire Ants on Hawaiʻi Island.) Recess: At 9:20 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:22 a.m. Hawaiʻi County Council-8 March 22, 2017 CHR. POINDEXTER: Call this meeting back to order. At this time I’d like to relinquish the chair back to Council Member Eoff. Relinquish Chair: At this time Chair Poindexter, relinquished the chair back to Acting Chair Eoff. ACTING CHR. EOFF: Okay. At this time we’re going to take statements from the public. 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: Leimana Pelton: Res. 109-17 (Comm. 153), in support. Kei-Lin Cerf: Res. 106-17 (Comm. 150); and Res. 112-17 (Comm. 156), in support. Lenard Allen: Res. 103-17 (Comm. 147), in support. (Representing Double Bucks and SNAP Programs) Dwight J. Vicente Res. 87-17 (Comm. 125), comment. (Representing Hawaiian Kingdom) Dana Keawe: Res. 87-17 (Comm. 125); Res. 104-17 (Comm. 148); Res. 105-17 (Comm. 149); Res. 108-17 (Comm. 152); and Res. 109-17 (Comm. 153), in support. Jennifer Johansen: Res. 104-17 (Comm. 148); and Res. 108-17 (Comm. 152), in support. Graham Ellis: Res. 109-17 (Comm. 153), in support. (Representing Hawaiʻi Sustainable Community Alliance) Cheri Griffore: Res. 103-17 (Comm. 147); Res. 104-17 (Comm. 148); Res. 108-17 (Comm. 152); and Res. 109-17 (Comm. 153), in support. Page 2 Hawaiʻi County Council-8 March 22, 2017 Jessica Kaneakua: Res. 114-17 (Comm. 158), in support. (Representing Hawaiʻi Island United Way) Michele David: Res. 109-17 (Comm. 153), in support. Dave Kisor: Res. 109-17 (Comm. 153), in support. Luana Jones: Res. 103-17 (Comm. 147); (Representing Hui Aloha Res. 104-17 (Comm. 148); ‘O Puna Makai) Res. 105-17 (Comm. 149); Res. 108-17 (Comm. 152); and Res. 112-17 (Comm. 156), in support. Roann Okamura and Res. 89-17 (Comm. 127); Coran Kitaoka (Representing Res. 110-17 (Comm. 154); The Elderly Activities Division) Bill 20 (Comm. 164); and Bill 21 (Comm. 165), in support. Nico Van Engelen: Res. 109 (Comm. 153), in support. ACTING CHR. EOFF: Thank you. Is there anybody else that wishes to testify before we close public statements? Okay, then I will close statements from the public at this time, and Council Members let’s take a seven minute recess. Recess: At 10:06 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:14 a.m. ACTING CHR. EOFF: Okay, I’d like to call the meeting back to order. May I have a motion to approve minutes April 15, 2015? APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Page 3 Hawaiʻi County Council-8 March 22, 2017 Vote on Motion to: Mr. Richards moved to approve the Minutes of April 15, Approve Minutes: 2015. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. Vote on Motion to: Mr. Richards moved to approve the Minutes of December 14, Approve Minutes: 2015. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ACTING CHR. EOFF: Okay, moving on to Order of Resolutions. Mr. Clerk, can you please read Resolution 87-17. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 87-17: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 2-9- 002:023, ALSO KNOWN AS HᾹKᾹLAU VALLEY, SITUATED IN THE DISTRICT OF HᾹMᾹKUA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 83.19-acre property is listed as priority No. 6 for purchase in the 2016 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 125 Intr. by: Ms. Poindexter Approve: FC-7 Page 4 Hawaiʻi County Council-8 March 22, 2017 Motion to Approve: Ms. Poindexter moved to adopt Res. 87-17 and Finance Committee Report No. 7. Seconded by Ms. David. ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: Yeah, I think it’s self-explanatory. And if anyone has any questions, Hamana and I think the Director of Finance is there as well. Thank you, I just ask for your support. ACTING CHR. EOFF: Okay. Any discussion Council Members? Seeing none, all in favor please say “aye.” Vote on Res. 87-17: The motion to adopt Res. 87-17 and Finance Committee (Adopted) Report No. 7 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution 89-17. Res. 89-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION Authorizes the Mayor to enter into an agreement to acquire four 14-passenger vans, with a cost-match of 20 percent to be provided by the County. The vans would be used by the Department of Parks and Recreation’s Elderly Activities Coordinated Services section to provide transportation for senior citizens over 60 years old and those with disabilities. Reference: Comm. 127 Intr. by: Ms. David (B/R) Approve: FC-8 Motion to Approve: Ms. David moved to adopt Res. 89-17 and Finance Committee Report No. 8. Seconded by Ms. Poindexter. ACTING CHR. EOFF: And we have Roann here. You folks can please come forward, if you’d like to give us a little bit of background and there may be some questions. Page 5 Hawaiʻi County Council-8 March 22, 2017 (Note: At this time, Elderly Activities Operations Director Roann Okamura and Assistant Director Coran Kitaoka came forward to address the members of the Council.) MS. OKAMURA: Good morning Madam Chair, and our Council Members of Hawaiʻi Island. First of all I want to thank you for your support for Resolution 89-17. As you know monies is really tight within our divisions and within the County, so we look at a lot of partnerships to get things done. And we have a priority list, and transportation as you all know is number one. So thank you very much for that support, and Coran will now talk about the actual DOT (Department of Transportation). MR. KITAOKA: Good morning, Council Members. Coran Kitaoka, Elderly Activities Assistant Director. Back in 2009 and 10, I personally proposed, through the Department of Transportation Federal 53, $10,000, four vehicles to be acquired in our program for the purpose of transporting seniors to essential shopping trips, medical appointments, and recreation events within our program. Only now six years later, they contacted us saying that vans are ready to be awarded to our program. So with that being said, we’re looking at roughly about $65,000 per vehicle. There are four transit 15 passenger vehicles, and our 20 percent match is $13,000 per vehicle. Through our budget we subsidize some of that, but with your assistance and support out of the four vehicles the commitments that you’ve made are actually helping us with three of the four vehicles. So I’d like to personally thank Council woman Lee Loy for leading this effort and also Council woman David, Council woman Eoff, Councilman Kanuha, Councilman Chung, and Councilman Richards for your contributions. And I’d like to extend sincere appreciation for your contributions in this effort to acquire vehicles for our kupuna. Mahalo. ACTING CHR. EOFF: Okay, thank you. I’ll open it up to discussion now from Council Members. Ms. David. MS. DAVID: Yes, aloha. Mahalo Chair. Aloha Roann and Coran, thank you for being here. I just have one question. Everyone’s talking about Federal cuts, could you please explain how that’s impacting our office of Elderly Services? MS. OKAMURA: Roann Okamura, Elderly Activities Division Operations Director. So as you know, the state of our nation is very un-shaky right now, and there’s a lot of cuts within the President’s budget that’s going to directly affect our program in a negative way. And I don’t know if you folks saw this little cartoon yesterday in the Tribune Herald, but it says about what happens to the Meals on Wheels program. And the guy says cease operation due to Trump’s budget cuts, and he says I’m with snacks on backs. So I don’t know if you saw the humor in that, I didn’t, but I appreciate that commentary. We’re funded just about $3.2 million in Federal funds to support our programs and the services that Page 6 Hawaiʻi County Council-8 March 22, 2017 we offer the seniors on this particular island. So with what the President is proposing we’re going to lose about $1.8 million. So of course you know, some of the programs are going to be cut. What Coran and I are working on right now is to do creative ways to keep the program going within the infrastructure we have within the Parks and Recreation. And I’m all about partnerships, you know, that I always make sure things happen with little resources as well. And partnering up with people who would be willing to help out our seniors, who really are the foundation of what Hawaiʻi is all about. My plea to the seniors, as well as everyone in our community is please do not write off the seniors. We have to support them, especially the ones of the greatest generations because they’re the ones that we rode on their backs too, to get where we’re at today. So that’s where we’re at right now. MS. DAVID: Thank you, Roann. And clarification, the $1.8 million cut, is that directly to County of Hawaiʻi or Statewide? MS. OKAMURA: Okay, so Elderly Activities Division, four of our sections within the division receive Federal funds through the Older Americans Act. Part of Coran’s funding will not get cut because it’s with DOT and Trans. So we’re looking at cuts in the Meals on Wheels Program, the STEP Program, which is employment for seniors in need of extra income, and our RSVP (Retired and Senior Volunteer Program) Program as well. So a big impact upon services for the most needy of our seniors on this island. So that $1.8 is directly specifically only to our program. MS. DAVID: Thank you very much, I yield. ACTING CHR. EOFF: Thank you. Is there any other comments Council Members or questions? All in favor of Resolution 89-17, please say “aye.” Vote on Res. 89-17: The motion to adopt Res. 89-17 and Finance Committee (Adopted) Report No. 8 was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Let’s do Resolution 110-17. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 7 Hawaiʻi County Council-8 March 22, 2017 Res. 110-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER THE COUNTY’S 20 PERCENT COST-MATCH WITH THE STATE FOR THE ACQUISITION OF ONE OF FOUR VANS FOR THE DEPARTMENT OF PARKS AND RECREATION, ELDERLY ACTIVITIES DIVISION Transfers $13,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Coordinated Services County Other Current Expenses account. Reference: Comm. 154 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 110-17. Seconded by Ms. David. ACTING CHR. EOFF: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. And thank you for taking this a little out of order, I appreciate that because it really dovetails very nicely into Resolution 89-17. This was the vehicle for them to do the 80/20 match, and this resolution actually provides the funding for the van. So I ask and urge all of my other colleagues to support it. ACTING CHR. EOFF: Thank you. And I would just like to thank you personally for giving all of us a heads up about what you were doing, so we could also contribute. Any other discussion? Seeing none, all in favor please say “aye.” Vote on Res. 110-17: The motion to adopt Res. 110-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: We also have Resolution 115-17, Mr. Clerk. Page 8 Hawaiʻi County Council-8 March 22, 2017 Res. 115-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH NATIONAL RECREATION AND PARK ASSOCIATION IN ORDER TO RECEIVE FEDERALLY DERIVED FUNDS Funds in the amount of $2,500 would be used to train two instructors, and provide participant booklets and activities to encourage participation in the Walk with Ease pilot program. Reference: Comm. 165 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 115-17. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Any discussion? Ms. David. MS. DAVID: I just think, we just need to support this. ACTING CHR. EOFF: Okay, thank you. All in favor please say “aye.” Vote on Res. 115-17: The motion to adopt Res. 115-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution is adopted. I’m going to go do the companion Bill 21, Mr. Clerk please. Bill 21: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Appropriates revenues in the Federal Grants – Walk with Ease Program account ($2,500); and appropriates the same to the Walk with Ease Program account. Funds would be used to train two instructors, and provide participant booklets and activities to encourage participation in the Walk with Ease pilot program. Reference: Comm. 165 Intr. by: Ms. David (B/R) Waived: FC Page 9 Hawaiʻi County Council-8 March 22, 2017 Motion to Approve: Ms. David moved to pass Bill 21 on first reading. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. MS. DAVID: I just ask for your support. Thank you. ACTING CHR. EOFF: Thank you. Any other discussion? Seeing none, all in favor please say “aye.” Vote on Bill 21: The motion to pass Bill 21 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: I think there’s one more for the elderly, which is Bill 20. Bill 20: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Elderly Recreation Services (ERS) Section Activities account ($40,000); and appropriates the same to the ERS Section Activities account for a total of $150,000. The increase in funds would be used to accommodate the higher than expected enrollment of seniors in the ERS program. Reference: Comm. 164 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 20 on first reading. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MS. DAVID: Yes, just please support our kupuna and all the programs we provide. Mahalo. Page 10 Hawaiʻi County Council-8 March 22, 2017 ACTING CHR. EOFF: Thank you. Questions? Okay, all in favor please say “aye.” Vote on Bill 20: The motion to pass Bill 20 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 20 is approved and will move to second reading. Thank you folks very much for being here and for your patience. I’ll go back up to the top now, Resolution 103-17. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 103-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FOOD BASKET, INC., TO SUPPORT THE HAWAI‘I STATE DEPARTMENT OF HUMAN SERVICES SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM FOR ITS DOUBLE BUCKS PROGRAM AT MAKU‘U FARMERS MARKET Transfers $2,500 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. 147 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 103-17. Seconded by Ms. Ruggles. ACTING CHR. EOFF: Any discussion? Ms. O’Hara. MS. O’HARA: We did hear from our Department of Health representative Leonard Allen, who’ll be helping to administer this program. And he gave a good background on how it helps families increase their purchasing power, and how it’s going to be administered at Makuʻu Market, which is a very popular venue, as many of you are aware, in Puna. One thing he did not stress, which is part of the effort here, is the educational aspect of setting up a booth at the Makuʻu Farmer’s Page 11 Hawaiʻi County Council-8 March 22, 2017 Market for introducing people who are not currently enrolled in the SNAP (Supplemental Nutrition Assistance Program) program, to the benefits of the SNAP program and making them aware that, although they may not know it, they could be eligible to participate in the SNAP program. We want to encourage those families who are perhaps living close on the margin, to participate in the program that they are indeed eligible. So it’s also good to have the educational component, as well as helping families make their food dollars go further. So I ask for your support on this, thank you. ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all in favor please say “aye.” Vote on Res. 103-17: The motion to adopt Res. 103-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: I’d like to take one more resolution out of order, and that would be Resolution 114-17, Mr. Clerk. I’m sorry Resolution 113-17. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: Res. 113-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ANEKONA OULI KANEHOA VFD COMPANY FOR EXPENSES ASSOCIATED WITH THE CONSTRUCTION OF A GARAGE FOR THE 9-BRAVO VOLUNTEER FIRE COMPANY IN WAIKOLOA Transfers $7,500 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Hawai‘i Fire Department, Training and Volunteer Other Current Expenses account. Reference: Comm. 157 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 113-17. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Mr. Richards. Page 12 Hawaiʻi County Council-8 March 22, 2017 MR. RICHARDS: Yeah. Again Council, we actually have members from the group, and if I could invite you to come up to the table. They have no planned testimony; however, if there’s any questions concerning this, these are representatives from 9-Bravo, a volunteer Fire Department station, going down Kawaihae hill. We were there at the ground breaking, and I know it’s been a long time coming. I have to say that it’s quite impressive, the equipment they’re going to be housing. Waimea west side is a little bit different, one of our big concerns is open-range fire and this is one of the programs that is set up to deal with this. They have quite an impressive piece of equipment that can get a tanker out on to the lands, to hopefully put out a fire before it becomes a big fire. So I ask for your support. Are there any questions? ACTING CHR. EOFF: Okay, thank you. No, but I’d like to thank all the volunteers who work for the Volunteer Fire Department. I know although the station is actually located in District 9, you service a lot of issues that may take place in District 8 as well. So I’d like to thank you for the work that you do. Would you like to add anything? Okay, I think your mic needs to go on. (Note: At this time, Anekona Ouli Kanehoa Volunteer Fire Department (AOK VFD) President Guido Giacometti came forward to address the members of the Council.) MR. GIACOMETTI: Good morning. This is Guido Giacometti, I’m the President of AOK VFD. It’s a nonprofit set up, to support the volunteer fire company 9-Bravo. Sitting to my left is Captain Mike Shadik. Captain Mike has been very instrumental and very much involved in various wildfire support of the regular Fire Department the last several years, and we try to add augment to his operation with funds that are not available through the normal budgeting. Be happy to answer any questions you have this morning. ACTING CHR. EOFF: Okay, thank you. Mr. Kanuha. MR. KANUHA: No real questions, just fully support this. You know, I remember a couple months ago coming down from the Daniel K. Inouye Highway, there was a fire not too far south from that intersection. And you know, the police just blocked, just got there before I could go through, and it was getting close to the road. And I had to go all the way, you know, down Waikoloa all the way around and then come back up through Kailua. I mean the traffic that was caused just by that one incident was just incredible, you know? But I don’t know if you guys were involved with that. Can you just briefly explain the protocols and how you guys, you know, you get a call and then it goes to something like that? (Note: At this time, Captain of 9-Bravo Volunteer Mike Shadik came forward to address the members of the Council.) Page 13 Hawaiʻi County Council-8 March 22, 2017 MR. SHADIK: I’m Mike Shadik, and I’m the Captain of 9-Bravo volunteers. Basically we’re on call 24/7, it doesn’t mean we’re available 24/7. Usually somebody in our company is, but we do respond seven days a week, 24 hours a day when we’re needed. We’re called out with the Hawaiʻi County Fire Department, we’re trained by them and we’re subsidized by them as well. Mostly we do fires, very rarely we do medical calls. Like for instance, that time you came across on Highway 190, on that particular incident, we had four set fires in a row that afternoon. So that’s why the highway was closed for about a seven mile area, and yeah, it caused quite a traffic pile up that day. But yes, we were on that one as well. We have a six-wheel drive, 1,200 gallon up-roll tanker, and we also have 300 gallon four-wheel drive brush truck. Both are capable of going pretty remote off road, and that’s primarily what they use this for, is wild land fires. MR. KANUHA: Yeah, well thank you. I just wanted to have him give some background on what they do because this is a huge area that you guys encompass. And you know, a lot of dry brush out there, the fires start all the time. So mahalo for you guys, and glad to support this resolution to be able to get you guys the materials needed to keep the community safe. Thank you. ACTING CHR. EOFF: Okay, thank you very much. Then all in favor of Resolution 113-17, please say “aye.” Vote on Res. 113-17: The motion to adopt Res. 113-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Okay, Mr. Clerk, can you go back to Resolution 104-17? MR. GIACOMETTI: Thank you very much. ACTING CHR. EOFF: Thank you. MR. RICHARDS: Thank you very much, guys. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 14 Hawaiʻi County Council-8 March 22, 2017 Res. 104-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO FUND THE MĀLAMA ‘ŌHI‘A RESEARCH 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. 148 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 104-17. Seconded by Mr. Richards. ACTING CHR. EOFF: Go ahead, Ms. O’Hara. MS. O’HARA: We heard from two testifiers earlier on this project. This is a somewhat innovated approach to researching rapid ʻō’hia death, they’re going to be using IMO (Indigenous Micro Organisms), which is introduced to us through Korean Natural Farming. And this approach is going to be trialed in different locations in Puna as the introduction of IMO in the development of the culture of IMO requires that you utilize local soils. So they wanted to do a research project that would be following scientific method, and could be duplicated in different locations where ROD (Rapid ʻŌʻhia Death) is a problem. So we totally support all efforts to find solutions to rapid ʻōʻhia death, and this is one that’s a little bit outside the box. We thought it was a value to the community to support this effort. I would like to ask the Chair if we might follow up with Resolution 108-17, which is also in support of this project? ACTING CHR. EOFF: Yes, we will. MS. O’HARA: So I ask for everyone’s support of Resolution 104-17. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other comments? Mr. Kanuha, go ahead. MR. KANUHA: Thank you. Just real quickly, are they going to be working with the University or any of the organizations that have been, you know, I guess doing a lot of these projects you know, trying to figure out how to deal with rapid ʻōʻhia death? That’s for Ms. O’Hara, sorry. MS. O’HARA: Certainly, I have spoken to them about that. They have a large team of partners for this project, which includes educational institutions as well as Page 15 Hawaiʻi County Council-8 March 22, 2017 faculty and extension agents from the community college. And I have encouraged some of my colleagues at the college of ag in Hilo, to be available to them for this research project. So I think they got a fairly robust team to conduct this research. MR. KANUHA: Awesome. You know, just trying to bring all different ideas, because this is a new thing. I think they classified it as a new species, but trying to see if there’s other ways of dealing with this. I’m all for it, and hopefully they can all work together to bring some positive in light of what’s been happening. Thank you. MS. O’HARA: Alright, thank you. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Thank you, Chair. Council woman O’Hara, repeat my interest when you said outside the box thinking. As I think you know, I’m very intrigue by things like that. Can you better testify or give a little indication of what that means? I’m fully going to support this, I’m just curious. MS. O’HARA: I say a little bit outside the box because if you attended one of these symposiums that we’re offering, or the ROD stakeholder group is offering on island—I know you weren’t at the last one in Hilo, but there is another one on April 1. And I strongly encourage all Council Members to attend, because it’s very educational. But the team of researchers currently are not pursuing the use of Indigenous Micro Organisms, the IMO approach. And it’s not that they don’t see it as a value, it’s just you have limited research dollars. And this is not typically a field of study that anyone in the current stakeholder group is that familiar with. The folks who are doing this, Dana Keawe and Jennifer, who testified earlier are familiar with the Korean farming techniques and have investigated this. They’ve already demonstrated that it’s feasible, but they have to prove efficacy. And so that’s why we want this research done, and done properly. MR. RICHARDS: Okay, thank you. ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Yeah, I just wanted to make a comment, because I heard a lot of references to the Korean natural farming. And you know, you could possibly use Fresh Onishi, our former colleague over here, who is a big advocate of Korean natural farming. He actually went to Gokseong, Korea, a Sister City of ours, and met with Master Cho. And he is actually going again in June by himself to that same town, and I guess he’s going to be meeting with Master Cho again. But you know, he’s a tremendous resource, so I would ask that you guys reach out to him as well. Okay, thank you. Page 16 Hawaiʻi County Council-8 March 22, 2017 MS. O’HARA: Thank you. ACTING CHR. EOFF: Thank you, Mr. Chung. Okay, seeing no further discussion, all in favor of Resolution 104-17, please say “aye.” Vote on Res. 104-17: The motion to adopt Res. 104-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Mr. Clerk, can you take 108-17? It’s the same. Change Order As directed by the Acting Chair and with no objection from the Council Business: Members, the following item was taken out of order. Res. 108-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE MĀLAMA ‘ŌHI‘A PROJECT Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 152 Intr. by: Ms. Ruggles Motion to Approve: Ms. Ruggles moved to adopt Res. 108-17. Seconded by Ms. Poindexter. MS. RUGGLES: Thank you. Just a few things in addition to what Council woman O’Hara said, is that Master Cho is the—his organization is nonprofit he is involved within this project. So in a way he is directly involved in this. And just for clarification, IMO means indigenous microorganisms, which means that they’re taking the microorganisms indigenous to that forest and harvesting them, and then putting them on the trees and in the soil to help build the tree’s immunity. It’s sort of like probiotics for humans. So there are lots of different types of IMO’s and lots of different ways to create them. So they found Page 17 Hawaiʻi County Council-8 March 22, 2017 a specific one that might help fight this fungus for the ʻōhiʻa . So yeah, please I ask for your support, thank you. ACTING CHR. EOFF: Mr. Richards has a question. MR. RICHARDS: This is actually either one of the Council woman could answer. Combination $10,000 funding, where does this set you for funding for this program? Are we fully funded or are we still looking for funds? MS. RUGGLES: As far as my understanding goes, this is fully funded. MR. RICHARDS: Okay, thank you. ACTING CHR. EOFF: Okay, thank you. MS. O’HARA: If I could weigh in on that as well? ACTING CHR. EOFF: Go ahead. MS. O’HARA: Councilman Richards, yes, when they first came forward, they were asking for a smaller sum, and a smaller scope of services. And I encouraged them to develop a more robust research project that will withstand, you know, scrutiny. And so they went back to the drawing board and did exactly that, and so of course that increased the cost. But I wanted to see a project that could be fully funded and completed. Thank you. ACTING CHR. EOFF: Okay, thank you. Mr. Chung. MR. CHUNG: You guys have heard this before, but to give it the relevance of this situation presented today, I would urge some of you guys to actually plan a trip to Gokseong, our Sister City, you know, since there is interest in this. And there’s that connection, you know, with addressing rapid ʻōhiʻa death. You guys can go over there, see how it’s done, and talk to Master Cho. I think it would be worthwhile just for your consideration, thank you. ACTING CHR. EOFF: Okay, thank you. Any other questions or comments? Okay, then all in favor of Resolution 108-17, please say “aye.” Page 18 Hawaiʻi County Council-8 March 22, 2017 Vote on Res. 108-17: The motion to adopt Res. 108-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution 105-17. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 105-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI ALOHA ʻO PUNA MAKAI TO SUPPORT ITS HANA LIMA ʻO PUNA PROJECT Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 149 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 105-17. Seconded by Ms. Ruggles. ACTING CHR. EOFF: Go ahead, Ms. O’Hara. MS. O’HARA: Thank you. We heard from Luana Jones for testimony from the Pāhoa site, and she is the one that had approached us about this funding. This project involves all of the things, I believe, that our County Council wishes to support. And I can’t think of a better person or a group to insure that we have the tutelage of our Native Hawaiian practitioners applied in various types of workshops and activities. So I’m very much in support of this project, and I hope you will agree with me. And we are not talking about a lot of money here, so I think it’s going to be advantageous to my community. Thank you. ACTING CHR. EOFF: Thank you. Any other comments? All in favor please say “aye.” Page 19 Hawaiʻi County Council-8 March 22, 2017 Vote on Res. 105-17: The motion to adopt Res. 105-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Mr. Clerk, Resolution 106-17. Res. 106-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE 3RD ANNUAL HŌKŪPAʻA YOUTH SUMMIT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Liquor Control, Public Programs account. Reference: Comm. 150 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 106-17. Seconded by Ms. David. ACTING CHR. EOFF: Any comments? Mr. Kanuha. MR. KANUHA: No, you had Kei-Lin come up and testify on what Hōkūpaʻa is, and what they’re all about and how they help a lot of our kids from this entire island, and teachers as well. So I ask for your support. ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all in favor please say “aye.” Vote on Res. 106-17: The motion to adopt Res. 106-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Thank you. Resolution 107-17. Page 20 Hawaiʻi County Council-8 March 22, 2017 Res. 107-17: 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 EXPENSES RELATING TO ITS 2017 KEALAKEHE PROJECT GRAD EVENT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Liquor Control, Public Programs account. Reference: Comm. 151 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 107-17. Seconded by Ms. David. ACTING CHR. EOFF: Any comments? MR. KANUHA: Sure, just ask for your support. I’m glad to help out my alma mater, I did go to project grad when I graduated several years ago. So it’s a really good program for the kids to be a part of, just got to support it. ACTING CHR. EOFF: Okay, thank you. Any other comments? All in favor please say “aye.” Vote on Res. 107-17: The motion to adopt Res. 107-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Now Resolution 109-17. Page 21 Hawaiʻi County Council-8 March 22, 2017 Res. 109-17: URGES THE HAWAI‘I STATE LEGISLATURE TO ENACT LEGISLATION TO ESTABLISH SUSTAINABLE LIVING RESEARCH SITES AND DELINEATE A PERMIT AND REVIEW PROCESS FOR THEIR IMPLEMENTATION The legislation would establish sustainable living research sites on parcels less than 15 acres designated “agricultural” under state law, and a permit review process that would exempt the sites from certain codes, ordinances, and rules. Reference: Comm. 153 Intr. by: Ms. Ruggles Waived: GREDC Motion to Approve: Ms. Ruggles moved to adopt Res. 109-17. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Ms. Ruggles, you have the floor. MS. RUGGLES: Thank you. So this resolution is essentially an expression, sort of expressing a need for the County, and also a proposed solution. What it does is it urges the State Legislature to enact legislation to establish sustainable living research sites, and to eliminate a review process for their implementation. So it establishes a permit and review process that allows for sustainable living sites. And if you read the actual bills that this resolution refers to, even though they were deferred and are not currently alive, they do. Just in context of that, I just want to let you all know, that I spoke with the Senate representative for Puna. And in light of our last resolution that we passed up to the State, and he said that at the tiny homes bill hearing, they were all talking and they were going to defer it until Cindy Evans walked up with two copies of our resolution, and then they passed it. So it’s still alive because of the resolution. So resolutions are making a difference and my intent for this resolution is that it helps with future efforts, and that this Council did pass this. So next legislative session, this may be helpful because this is the same Council. So we did receive a testimony in opposition to this resolution amongst many in support, and I just wanted to address some of the things that were in that testimony. It’s not that there’s not an appeal process, there’s no way for the community to have input on these sites. But within the State bills, which future bills I assume would be very similar, there’s a very intensive application process that includes community review. Applicants must have a detailed description of research, an explanation of the ideas and concepts, and inventions to be tested. There has to be a site plan they have to include a number of inhabitants. The assessments of what codes, ordinances, rules or permits might need to be exempted for the construction of the research site. Page 22 Hawaiʻi County Council-8 March 22, 2017 There are other information that the Planning Department can require, and it must include an affidavit indemnifying the County and State from liabilities related to the exemption. After the application is complete, it goes to the Department of Health, then they hold a public hearing in the community. And then the Department of Health can determine whether or not this can and will have a detrimental environmental impact, or a significant impact in the surrounding community. Then it goes back to the Planning Department, and the Planning Department can include special provisions. They determine if the research will be beneficial for the development of sustainable living knowledge. What codes will be exempted, and what restrictions the researched sites might have? The testimony also pointed to an appeal process stated in the bill. The appeal process is actually for the applicants to appeal to the Planning Department if their permit fails or isn’t approved or denied within a certain amount of time. So this bill is meant to be for—within agriculture district’s low density rural area within certain counties. So it wouldn’t affect Hilo or other urban areas, so I’m supportive of this bill. And I hope that we can move this forward and keep encouraging and allowing sustainable innovation for our island. Thank you. ACTING CHR. EOFF: Okay, thank you. Council Members questions? Mr. Richards. MR. RICHARDS: Thank you, Chair, and thank you, Council woman Ruggles. You answered my first question as far as the status of House Bill 873, which has been deferred. So for this legislative session it would appear that nothing is going to happen on this. Is that my understanding? MS. RUGGLES: Yes, that’s correct. MR. RICHARDS: Okay. So moving forward though, I read through this and I was a cosponsor of the previous resolution concerning the micro homes. And I definitely support the whole concept. In reading through this bill, first of all you guys probably are laughing at—part of the language by specifying house plate 73 since that’s going to be a moot point. I don’t know if this is the resolution to bring forward, because it’s been deferred. That being said, though the intent is there, and as you mentioned it’s not going to be impacting the urban, it’s going to be impacting the agricultural. As my passion is agricultural, I’m not comfortable with moving something forward as of yet. And seeing how the impact is going to be on the agricultural communities, I applaud your direction with this. When we look at the—and that’s why I was very willing to sponsor the micro homes with you, seeking some sort of alternative for affordable housing, for development going forward. I see that, I like that. That being said, what I’m thinking is there may be some ways to cause developments that I’m bothered by on ag lands. And I’m not sure that’s Page 23 Hawaiʻi County Council-8 March 22, 2017 structured tight enough. The fact that this is not going to mean anything to the legislature at this point, we’ll be waiting until next year. I like the concept, I’m not sure I like this resolution the way it’s drafted. And for that reason, I’m not going to be supporting the resolution. Not that I don’t support the intent, please don’t misunderstand. But my concerns are, I’m not comfortable enough with the information. And reading through this State bill again, I’m not comfortable enough with the way that it’s written. That it will impact in the positive, the agricultural lands, so I will be voting against this resolution. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other comments Council Members, or questions? Ms. O’Hara. MS. O’HARA: Thank you, Chair. And I’d like to acknowledge that Jeff Darrow is in the room, and I’m going to ask him to come forward because something that Councilman Richards just said made me think of a question for him. Sorry Jeff, but Jeff are you familiar with the HB 873 House Draft 1? (Note: At this time, Planning Program Manager Jeff Darrow came forward to address the members of the Council.) MR. DARROW: Good morning, aloha Council Member O’Hara. My name is Jeff Darrow, Planning Program Manager with the Planning Division. Also, good morning members of the County Council, and Madam Chair. MS. O’HARA: Okay. We have some odd zoning as we’re all familiar with, especially in my district in Puna, where certain lands were originally agriculture, when some of these subdivisions were put down. And I’m talking agriculture in terms of the State designation, where we have agriculture rural conservation or urban. And for instance, in the subdivision where I live, Hawaiian Beaches/ Hawaiian Shores, that was changed after the fact in the 80’s by the State to be urban, yet the zoning at the County level is still Ag, it’s A-1; one acre Ag. So in application of this proposed bill, how would that work? MR. DARROW: In light of Hawaiian Beaches and Hawaiian Shores, or other areas that would be zoned State Land Use Urban, this bill would not apply to that. And the reason why is because this bill is changing the permitted uses within the State land use agriculture district. So if you’re not located within that district, this would not apply. MS. O’HARA: Okay. So this will only apply to agriculture district, not rural? MR. DARROW: Correct. MS. O’HARA: Okay. Page 24 Hawaiʻi County Council-8 March 22, 2017 MR. DARROW: At this point no, I stand corrected. It looks like the bill actually did apply to State Land Use-Rural, as well as State Land-Use Agriculture district. MS. O’HARA: Okay. MR. DARROW: We have very little State Land Use-Rural, but we have quite a bit of State Land Use-Agricultural zoning. MS. O’HARA: Thank you for answering that. And I just want to—in Resolution 109-17, it refers to the fact the Hawaiʻi Council in 2012 adopted Resolution 302-12. And for those who may not have that available to them, that resolution supports in concept the idea of the sustainable living research sites. And that was passed, it appears unanimously, in October 2012. So the County of Hawaiʻi has already weighed in, in terms of urging the Hawaiʻi State Legislature to enact legislation. And the first bill that I was aware of that came to Legislature, was in 2013 following the passage of this resolution. And Graham Ellis, who testified earlier in Kona, was the person who presented that to the State Legislature. And I think it was Senator Russell Ruderman, who introduced it. It got the most traction that year that it ever got, and then it was reintroduced the next year and it got very little traction. And here we are again, it’s basically the same bill; it had a few tweaks to it and introduced by another party, and also introduced by another Senator. And I think it’s a worthwhile endeavor, we need to pursue this. This is a wonderful concept, but what we have before us is currently dead-ended in the Legislature of 2017. And from the comments I’m hearing from the public, both positive and negative, there’s still things that need to be worked out in that bill. So while I support the intent of this Resolution 109-17 as introduced by Ms. Ruggles, absolutely want to see this concept move forward, I’m having a hard time supporting 109-17, as it’s currently written. And one thing I would suggest to Council woman is perhaps instead of pursuing this type of resolution, to schedule a discussion in Public Works Committee, and invite those who have had their hands involved in developing this bill to the State that it’s currently in, and get that discussion going. Because I think those at the Planning Department, you might agree Mr. Darrow, need to advance that discussion so that when we finally come up with an instrument that can help us with this concept and put it on the ground, that we are all in sync. Would you agree? MR. DARROW: I would agree. If I could briefly comment on this bill, not so much the resolution. The bill in itself in the current form, as well as the previous form, the Planning Directors have had concerns regarding it. Overall, as far as the concept of sustainable living, they’re fully supportive of that. There’s fundamental flaws in the bill that when you try to work it out on the ground, we’re running into some pretty serious issues. Page 25 Hawaiʻi County Council-8 March 22, 2017 One of them is this concept of exempting codes, and to give the Planning Department the responsibility of making decisions on exemptions of codes for other agencies. That’s a difficult process, and again, what you’re suggesting would be a great idea to get not only the Planning Department together, but the Department of Public Works. And possibly the Department of Health, who all these different agencies are affected by these exemptions. Additionally the way that the bill is currently written, it’s not a public hearing process, it’s an administrative process through the Planning Department. The Planning Department will review it, if they approve it then it’s approved for a period of 10 years. The question is what happens after 10 years? Let’s say this particular site has now five or 10 homes, does it continue on? There’s a lot questions that are raised through the bill. Additionally, the appeal process through this for the applicant is before the Planning Commission which normally the process would be for Planning Department decision, would be before the Board of Appeals. And this really has nothing to do with the Planning Commission, if it was a permit issued by the Planning Commission then the appeal process would be through the Third Circuit Court. Additionally, the Planning Department feels that there are already avenues in place that could work, even now for this particular type of sustainable living research site. One was mentioned earlier, the special permit, if there are issues with building codes that are restricting certain directions for these sustainable living sites, then we need to look at possibly changing aspects of the building code. But we feel exempting codes is not the proper way of going about it, maybe looking at amending those codes might be a proper direction. MS. O’HARA: Alright, thank you for your response. And I just want to say that there may be other ways to push this forward, perhaps initiating a pilot project just for the County of Hawaiʻi. That’s limited in scope, and trying to work out some of the kinks for lack of a better word might be something we could pursue. I know that one of our previous testifiers mentioned the need for flexibility during emergencies. And being from a community that was highly impacted by Iselle in 2014, I can recognize how important that is. We were losing our main shopping center, Malama Shopping Center was closing. As president of the Community Association, we held 9-10 acres of land that is urban, but ag. And I had visited New Zealand after they had a massive earthquake in Crist Church, and it was very inspiring what they have done. They had moved all of the downtown business, to the outside of town where the ground was more stable, and created with Matson containers, a whole little commercial center. Some of them were stacked too high, and they were arranged in different ways. They were painted nicely, the interiors were completed with shelving, and what was needed for retail activities. And it was a flexible response to the emergency, and it would have allowed that whole town to move if there was another earthquake that Page 26 Hawaiʻi County Council-8 March 22, 2017 damaged the ground on which they were. So I went to the County to see what we can do about some kind of flexible approaches, and people were like oh, my gosh, we don’t even know how to act because we don’t really have a method for responding in a short order. So I think it would be a great thing to pursue at the County and try and do perhaps a pilot project, once we’ve sat down and worked out some of the kinks. And see if we could move it forward. I think that ends my discussion. Thank you Chair. ACTING CHR. EOFF: Okay, thank you very much. Mr. Chung. MR. CHUNG: Thank you. You know, I support this concept. It really is a good idea, but when I look the bill over I have some concerns. I don’t know if they’re the same concerns that the Legislature had, and you know, quite frankly, I’m certainly not going to urge for the passage of something that’s being held. You know, that’s almost like a slap in the face to the Legislature. But at the same time, what troubles me about this present bill is that it puts all of the powers into the State. I mean they have prescribed how this is going to be implemented. What I would have been more amenable to would have been enabling legislation where it comes to the County, allows us at the County Council level to enact ordinances that would further this type of idea. But really when I looked at this, I don’t think we need enabling legislation quite frankly. I think we could just go ahead and do an ordinance, so maybe Ms. Ruggles might want to do that. And one thing that I would strongly urge though, is that we limit the amount of these research sites. I mean, we can’t just give permits willy-nilly, maybe you just limit it 10 island-wide and then see how it goes. And you know, if it proves to be successful, then over time you can bump up the amount as the need arises. And then I would think that it would have to be somewhere where people who would pass the inspections of these properties would have easy access to them. Because you don’t want them in remote areas, or in the forest, and things like that. But I mean that’s something that we could discuss on the County level, but I just don’t like the idea that everything is just being done by State legislation. I got to vote against it, but I like the idea. I’m certainly in favor of the concept, thank you. ACTING CHR. EOFF: Ms. Ruggles, did you want to respond, or should I take more on the first round of Council Members’ comments? MS. RUGGLES: Okay, well I appreciate your feedback, thank you. And thank you for being here, Jeff. So to respond to Mr. Richards, first about ag lands and supporting farmers, I have to respectfully disagree. Because this effort would allow people on ag land engaged in farming activity and the dwellings and the research sites that they have, have to be directly related to the farm activity. And it allows them to experiment with building material that are near them, things that Page 27 Hawaiʻi County Council-8 March 22, 2017 they are growing, things like bamboo and ʻōhiʻa, and other woods and resources that are around them. That could help them in the future, to be able to utilize these in a more affordable and sustainable way. And it expands the potential operations of their farm, which I believe it’s helpful. Research is helpful. So this bill is supporting the intent of this. There may be things that still need to be worked out in details of the State bill, but this resolution is in support of that. Regarding the approval for each site, is approved up to 10 years, I don’t think it’s approved for 10 years. And it requires an annual report, and the Planning Department can come in and inspect at any reasonable time, with reasonable notice. And they also have the right to ensure that the report that the applicant makes is accurate. Currently there are no processes in place to have research sites using sustainable building materials. And if we look at changing aspects of the building code, which is what Jeff proposed, maybe we should just change the building code. For the intent of what this resolution is for, it would be temporarily for a project. If we’re changing a building code temporarily for a research project, I don’t understand how that’s not an exemption. Because we would be exempting certain parts of the building code needed for a project, which is what this bill does. And if you think of emergency preparedness, we don’t have the knowledge for emergency preparedness, like Council Member O’Hara pointed out. So let’s get the knowledge so that we can response to these things and we can build with materials available to us, in case there is an emergency. And if we think of a pilot program, each research site would be a pilot program. That’s all I have to say, thank you. ACTING CHR. EOFF: Okay, thank you. Mr. Chung. MR. CHUNG: I just wanted— ACTING CHR. EOFF: I know it’s out of order with the rounds, but no, I like to facilitate a discussion when we’re on the topic, it seems more relevant. So you can go ahead. MR. CHUNG: And I wanted to apologize, you know, I might have misread the resolution because it really just urges for the concept, not so much for the bill. But at the same time, I just believe that the discussion should more appropriately be brought to the County level. I think that might be more effective. I want to ask Joe a question. ACTING CHR. EOFF: Okay, thank you. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) Page 28 Hawaiʻi County Council-8 March 22, 2017 MR. CHUNG: And Joe, you may not be able to answer this question right now, and if that’s so, you know, that’s absolutely okay. But is there any State law that you know of, that would preclude the County from enacting an ordinance like what’s provided in House Bill 873, Draft 1? MR. KAMELAMELA: No. MR. CHUNG: Okay, thank you, that’s all. Oh, no, nothing precludes or no— MR. KAMELAMELA: I was answering your question. MR. CHUNG: Okay, very good. Thank you. ACTING CHR. EOFF: Okay, thank you. Ms. David, I’ll go back to you now. MS. DAVID: Okay. I want to thank Ms. Ruggles for bringing this forward because I think as much as possible, we should be encouraging our State Legislature to do things that really benefit our County. And I like the discussion that Mr. Darrow had. Yes, and I think in reading this bill, I know it’s been deferred, and so I think Mr. Darrow, your concerns are well taken. And because of that, I really thank you for bringing up the fact that if this was not deferred, the problems or difficulties that the Planning Department would have with this. And my concern would have been the fact that there would be no public participation in that process because this would be handled similar to like a plan approval, where the director would have the authority to make the decision. Is that correct? MR. DARROW: Correct, Councilman David. MS. DAVID: Okay. And then the appeal process is another thing that, you know, I would have an issue with, so I’m glad that this has been deferred. But I do think that the effort of Ms. Ruggles is well taken, so thank you. I don’t see any harm because of the deferral, I don’t see any harm in this resolution. It just states a support of something that I think everybody agrees too, and although we had something in 2012, it’s been about five years later, and we’re still wanting the same thing. And I see no harm in supporting this resolution. Ms. Ruggles, so thank you. I yield. ACTING CHR. EOFF: Okay, thank you. Ms. Poindexter. MS. POINDEXTER: Yeah. I too don’t see harm in supporting a resolution just urging the State Legislature to enact. You have the introducers as Representative Evans, Nakashima, San Buenaventura, and Todd on this island that I’m sure you’re going to be working with, and also Senator Ruderman. Can I ask if you have spoken to him already on this, Council Member? Chair can I? Page 29 Hawaiʻi County Council-8 March 22, 2017 ACTING CHR.: Go ahead. MS. RUGGLES: Yes. I spoke to him last night, and he was supportive of this. He said that he’s going to introduce it this time. He was the original introducer that last few times and it was sort of a decision between him and Cindy Evans. MS. POINDEXTER: Okay. And I don’t see the harm, because the House Bills are kind of in this resolution. But it’s like the one we did with Banyan Drive, some of the bills had changed direction for a little bit, but it was okay. So I heard the testimony from your constituents, and you said that you spoke with Senator, and then I see who the introducers here, so I’m sure you’ll be working with them. And for me, I’d love to see that happen, even like in Hāmākua because we have some ag lands that are like tent cities, and it’s very unhealthy, because you have farmers from out of state coming in to help farm some lands there who are promised housing, but no housing, and they’re living in these tarpaulin type tents with no restroom facilities. I don’t like seeing that happen. I think this would be good to move forward, the encouraging of this to the Legislature, and that your continued work to make sure that something is crafted that will work with Hawaiʻi County. And also you’re willing to work with Mr. Jeff Darrow, who’s there with the Planning Department overall, so that’s a good thing. So I will be voting in support of this, thank you. ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Let me just check with Hilo real quick because I haven’t acknowledged—Ms. Lee Loy, did you want to say something? MS. LEE LOY: Thank you, Chair. I do have a question for Mr. Darrow. For these types of activities, what happens with the unpermitted structures? MR. DARROW: Thank you, Council Member Lee Loy. That brings up a good point, and a big concern for the Planning Department. What we see as kind of what originated with this bill, was a result of what we see as these unpermitted ecovillages that already exist. And what’s happened is in the past, we gotten complaints mainly from neighbors of these activities that are occurring on properties where multiple dwellings and structures are being built without permits. And that’s how, you know, we get called in from the beginning of the situation. We try to work with the applicants to go through the process to get permitted, but a lot of times, because of the extent of the activity that’s occurred on these properties, it’s very difficult without having to demolish some of these structures, to be able to get everything permitted to current code. And so that’s another concern that we have with this bill, is there’s really no mention about these facilities that are already operating without the proper permits that come in and ask for these exemptions. So again, thank you for that question. That is a concern that we have. Page 30 Hawaiʻi County Council-8 March 22, 2017 MS. LEE LOY: And then do you know the threshold under the Department of Health guidelines, as far as the number of dwellings that you can have in one area related to its wastewater systems? MR. DARROW: Unfortunately not, I know they have limited bedrooms. For septic systems, they no longer allow cesspool, so everything is done through septic systems. But I’m not sure how many dwellings can be placed on these systems, or which require individual systems. MS. LEE LOY: And then if I read the bill correctly and then resolution correctly, this would apply to properties less than 15 acres correct? MR. DARROW: Correct. MS. LEE LOY: And there’s already a process that provides this type of facility on less than 15 acres, can you explain a little bit about that process? MR. DARROW: Sure. This would be the special permit process that’s allowed through the State Land Use Law, for particular activities that are not outright permitted under Section 205-45 or 205-2. They allow them to submit an application to the Planning Commission. If it is 15 acres or under, it stays within the County and County Planning Commission is the approving authority. That allows for a public hearing process. We’ve had, not a lot, but we’ve had a number of different facilities come in that have multiple accommodations. Most of them are having to do with health and wellness, but they are also very much into sustainable living as well. And they’ve been successful to the process. MS. LEE LOY: And then as part of that Chapter 205 process, you also allow input from other agencies, is that accurate? MR. DARROW: Correct. When we request the application, we also request for 20 copies of that application, which are sent out to multiple governmental agencies requesting comments. MS. LEE LOY: And then under our current zoning the definition of sustainable living research, is that a permitted use or is there a definition under our ag zoning? MR. DARROW: At this time we don’t have that definition. MS. LEE LOY: Okay. You know, I read a lot of the testimony in support, but I also read a letter regarding how really the exemption process really opens up less checks and balances from our Planning Department, from the Department of Public Works, and then from the Department of Health. I’m more concerned that a lot of these facilities end up on our agriculturally zone lands, and I’m very Page 31 Hawaiʻi County Council-8 March 22, 2017 concerned as to what that actually does and actually moves us away from the primary purpose of our ag lands. And for those reasons, I cannot support the resolution in front of us. I think there’s still a lot of work ahead of us, I think working with the Planning Department, and I see Mr. Darrow nodding. You know, we have vehicles, it sounds like we need to refine them. But we’re back to that definition and legislative intent, and I’m concerned that the State thinks that they can define agriculture to the counties when we’re all very unique. And so for those reasons, I’m not going to be supporting Resolution 109. But I would encourage Council Member Ruggles to use the vehicles that we have and work within those mechanisms to refine and retool what we have, that would actually kind of work from the technical side up, while still maintaining the true intent of ag and ag uses. So thank you. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Mr. Richards. MR. RICHARDS: Thank you. Been listening to the conversation, and the further we have the conversation, the more I am concerned about going forward with this resolution. Because I agree with Councilwoman Lee Loy, that there’s a lot of work to get done on this. One of the good things is meeting several times with our new Planning Director, Michael Yee. I see someone there that’s very excited and trying to seek a direction, I think would be very, very good for our County. We got to give him a chance to actually get that done, and my concern of something along this line right now. Like I said, I support the intent, but it sounds like we’re getting cloudier as far as how we can get through this stuff. It’s my understanding from the whole planning side that our intention is to be able to, I don’t like to use the word protect, but it is in a fact protect our constituency, making sure that they are not living in substandard housing. Meaning—and a lot of stuff came through because of our potential risk, whether it be hurricane, earthquakes whatever the case may be. And I’m not sure that all of it is a little bit overkill, as far as how much we require. With that being said, I think the intent is there to circumvent some of the concerns. Again, you heard me say this before, I’m not quite ready for prime time. I think the intent is there. I’m concerned in putting these things on agricultural lands which may not be the right direction right now. I’d love to work on this with you, Council Member Ruggles, as far as crafting something that makes a lot of sense for agriculture, makes a lot of sense for people trying to put these things together. But the more I listen, the more I’m concerned that this is truly not quite ready to get there yet. So again I reiterate, the bill before the house is done for this year. We’ve got quite a few months that I should get something done. I’d much rather Page 32 Hawaiʻi County Council-8 March 22, 2017 walk and get something done well, rather than push something hard that we’re going to have to go back and fix later. Thank you. ACTING CHR. EOFF: Thank you. Mr. Kanuha. MR. KANUHA: Thank you. Yeah, the conversation is definitely getting murkier as we go along, but you know, I’m just, you know, straight off of dealing with this. I don’t know how we can urge the passage of a resolution for a bill that’s already deferred, you know, it’s dead. I understand that we can talk about sustainability, and a lot of this stuff, it’s a great thing to talk about. You know, sustainability, it means a lot of different things, and I would love to just deal with maybe half of this resolution, urging the State to deal with sustainability. But it mentions HB (House Bill) 873 throughout the other half and to me, a moot point already. I could also go with the supporting of a resolution urging the Planning Department to come up with a lot of different ideas of how we deal with these research sites. I think as Mr. Chung brought out, we have a lot of authority to what we can do here in the County, that’s where we should be focusing. I don’t want the State to tell us, and they have all the power and authority over what we’re doing here in our County. I think we should take the lead in this, so I hope that really happens. You know, sure we can say that no harm, no foul it’s just a resolution, but as was stated earlier by Ms. Ruggles, the resolution that we passed earlier urging for the tiny homes, really made a huge impact on the State Legislature. So these resolutions really do matter. I just think this resolution in its current form is moot, and we should move on and deal with something we can actually really support and really get into how we support sustainable living research sites, and communities for sustainable living. And all the great words that we put into these resolutions or bills, I think there’s a lot that we can do, and I hope Ms. Ruggles really pushes that because we can do a lot, change the Code, and work with the Planning Department, and so on. So that’s where I am right now, and you know, it’s not anything against what Ms. Ruggles is doing. Don’t get me wrong, I think it’s great that we have these conversations, because it’s really important to how we move forward in this County. So again, mahalo, and saying that I just can’t support this current resolution in this language. Thank you. ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: Yes, hi. Thank you, Chair. I do want to thank everybody for this discussion, especially the department. And I see because the bill has been deferred, I would urge Ms. Ruggles between now and the next year when another initiative may be brought forward, that you work with the Planning Department on things that Mr. Chung has raised. And maybe between those periods of time, Page 33 Hawaiʻi County Council-8 March 22, 2017 we can come up with some legislation on the County level that would address some of the concerns with the Planning Department. So thank you everybody for this good discussion, thank you. ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: Yeah. I hear a lot about the power and authority that we should have, versus allowing the Department of Ag. But face it man, the Department of Ag rules on this island. I’m going through a lot of stuff in Hāmākua trying to address stuff, and the power and authority is the Department of Ag. So we got to face that, and you know, figure out how can we do things to trump them? But at this point, I’m still supporting this because again, this is a resolution. The House Bills were only reference to it. This is to enact the legislation to establish sustainable living research sites, it’s not saying based on the House Bill you got to do it this way. We’re supporting that House Bill and what it says in there, that’s been deferred, so that’s gone. But to keep this alive, and this is a different body, the last resolution was a different body. This is a new body, so I like the idea of this new body coming forward and saying, “Hey, Legislature, let’s start working on this, “and we know who from this island has been supporting it. A lot of our own legislators who have introduced it, so we know we have a working group we can work with, along with our Planning Department, because we have a great director and planning right now who is of the grass roots. And the grass roots came out today and spoke. Were they from Puna? Can I ask Council Member if they were your Puna representatives? MS. RUGGLES: Yes. They were both testifiers, and I actually didn’t ask them to come out. MS. POINDEXTER: Okay. So I know that you have the support and your community is encouraging that, too. If I would rally my community, I’m sure that they would feel the same way because of some of the things that are happening in Hāmākua, and a lot of the farms lands there. And they’re doing like Jeff Darrow said, there’s a lot of illegal structures. Yes, there are, and we can’t keep up with that. And in fact, several months ago, we had some of the architects and engineers who were private engineers and architects come in and say they have a problem getting permitted, the homes that are trying to get permitted that were unpermitted. So I look forward to this discussion that you’ll be having with our State legislators, and also with our Planning Department. So I’m definitely supporting this, thank you. ACTING CHR. EOFF: Ms. Ruggles, did you have a comment? Page 34 Hawaiʻi County Council-8 March 22, 2017 MS. RUGGLES: Thank you. Thank you everyone for this discussion, and all your participation and your thoughts. I would like to acknowledge something that Council Member Poindexter brought up, which is that people are already doing this. There are already these tent cities that are dangerous, and they could be a liability. So anything that we could do to help provide a legal pathway to guide people in sound construction, knowledge and research, and encourage them to go on that path, I think that we should, and to encourage them to be permitted, and to participate in the County permitting process. Regarding the waste water system concern, I think that’s a valid concern, and I do think that the Department of Health is involved in this permitting process, which would help mitigate that concern. And that the exemptions come from the Planning Department, I just wanted to emphasis that. Furthermore, I believe Council Member O’Hara mentioned that we already waited on this in supporting this concept, and that was in 2012, that was a different Council. This Council has not waited on this yet, and actually in 2011, we did pass a resolution that called upon Public Works to establish a sustainable habitat building code. They didn’t do it, so I just don’t know how effective passing resolutions through our departments are. And this would provide a state-wide mechanism, to allow people to do these sustainable research sites. And I don’t see why this wouldn’t be a more appropriate use of ag land, for people to be able to use the materials that they grow on their land to build things that they use for agriculture. I think that is a very appropriate use of ag land, so I will be supporting this. And I also will be supporting and looking at measures to see what we can do at the County level to make it easier for people to build sustainably here. And this is really just a measure simply in support of legislation at the State level, to allow sustainable living research sites for Hawaiʻi. Thank you. ACTING CHR. EOFF: Thank you, Ms. Ruggles. Mr. Richards. MR. RICHARDS: Thank you, Councilwoman Ruggles. You just stated something for agriculture, and my concern is getting deeper now that this is truly going to be for agriculture. One of the problems we have on our island, we talk about supporting ag, and I support all agriculture, but availability of those lands to agriculture. And my concerns are, if we start having entities that are not well scoped, and you’re highlighting the fact that we have these entities, that’s already on going that are out of round, I don’t think legitimizing them, I don’t know if it is possible to legitimize them from what I’m hearing. That actually we’re going to have to encourage construction of these things because it’s not going to pass. So like I said, I can’t see this going forward right now, because I don’t think it’s the right thing to do. I think the intent is admirable, spot on work with you on that one, but I think this bill is wrong. Thank you. Page 35 Hawaiʻi County Council-8 March 22, 2017 ACTING CHR. EOFF: I haven’t checked with Hilo, did either of you want to comment at this point? MS. O’HARA: Yes, I would appreciate the floor. ACTING CHR. EOFF: Go ahead. MS. O’HARA: Thank you, Chair. In listening to this discussion, I’m glad we’re having the discussion. But I feel very strongly that I do want to support the concept of sustainable living, absolutely want to support it. I’m just not feeling that this resolution, and the way it’s stated is the appropriate vehicle to do that. As I said earlier, it would be great if a discussion had been agendized, so that we could have all parties come forward and have a broader discussion in public about this. I know that Resolution 302 was passed in 2012 by a previous Council, but it does fully support the State Legislature passing some type of legislation that supports sustainable living research sites. So we do have that in our arsenal already, and what prevents me from fully supporting 109-17 is the “therefore be it resolved by the Council of the County of Hawaiʻi that the Hawaiʻi State Legislature is urged to enact legislation,” which we achieved with 302-12. But it also asks the State legislature to delineate the permitting review process for the implementation. And I think what we’re hearing loud and clear here, is that development of the permitting review process needs to occur in the County of Hawaiʻi. To have it dictated to us by the State is never going to serve our needs directly, they are not familiar. Every County Planning Department functions a little bit differently, and so we need to bring that home to the County of Hawaiʻi. So I can’t support this resolution as written because that is not something that I want to support. I want to bring it home, I want Home Rule on the permitting and review process. I think we can do a better job at the County of Hawaiʻi, and I’m going to ask Mr. Darrow if he would weigh in on that. Do you think that would be more appropriate, request the review and process, and it be given to the County of Hawaiʻi? MR. DARROW: What might be a good idea, is maybe requesting the representatives or senators that drafted the bill, is possibly something similar to what they did with agricultural tourism where they said it would be a permitted use in the State land use district, as long the counties created an ordinance for that particular use. And so the counties individually had to come up and create an ordinance for that particular use. So the same kind of situation could apply where we could create an ordinance such as Council Member Chung mentioned, so that the County itself dictates their process, and it works the way that it needs to work in this County. MS. O’HARA: Well I hope we can continue on this path because this is a really good effort. And I truly support the concept and hope you can move us forward Page 36 Hawaiʻi County Council-8 March 22, 2017 to where we have the ability to recognize these types of sustainable living research sites. Just don’t feel, as Councilman Richards said, that this is the right vehicle, Resolution 109-17. And at this point, we are planning on a bill that is dead at the State Legislature for this session, I realize that there’s always another session. And I hope we can get some work done behind the scenes here at the County so that we could have a unified impact next year at the State Legislature. So that’s what I’m hoping for. Thank you. ACTING CHR. EOFF: Thank you. Ms. Ruggles. MS. RUGGLES: Thank you. I just want to respond to that, thank you, Jeff. So in regards to how that relates to this resolution, I think that moving forward when I do work with our—the State introduces this bill, that’s something that we can get adjusted for the future legislative session. Thank you. ACTING CHR. EOFF: Thank you, Ms. Ruggles. Mr. Chung. MR. CHUNG: Yeah. You know, I wasn’t going to talk anymore, but since the discussion has gone on a little bit longer. You know, there was something that was said by Ms. Ruggles that troubled me, and it was articulated by Mr. Richards actually, about legitimizing, and I know it’s not the intent, but you know, possibility of legitimizing these legal tent cities. To me, what’s being contemplated here by these research sites and illegal tent cities, are two totally different concepts. And I was really worried about that exact same thing that was brought up by Mr. Richards. And that’s why I said I thought that if we had the discussion here at the County level, we could provide that these sites would be assessable to people who go and inspect, and make sure these research sites were in compliance with their permits. But having said that, you know, just as a practical matter, I think we’re all on the same page. It’s just a matter of working things out, I’m advocating bringing it back to the Council level and working it here. Mr. Kamelamela already said there are no constraints on us doing that, and I would hate for us to send up a resolution which would have a five, four vote. And it’s kind of misleading, because we are all in support of it in one way or another. What I don’t support is sending something up to the legislature which references a dead bill, and if we already did something albeit by a former Council. But this is not something that should be addressed by the State, unless it’s going to be done broad brush on a state-wide basis. But look at the population specifications here, it’s only going to be relating to the outer islands and not Oʻahu, under 500,000. Well of course we’re not talking about this bill specifically, but you know, knowing what I know about the Legislature, I just think we’re going to be having them look at something that’s just going to amount to a waste of their time. We should do it here. Thank you Page 37 Hawaiʻi County Council-8 March 22, 2017 ACTING CHR. EOFF: Thank you. May I make a comment? Okay, I’m just trying to absorb all of the comments of the Council today, and because the bill that has been referenced is deferred in this year’s Legislature, would you be willing to, I don’t mind sending a resolution to the Legislature requesting them to support the concept state-wide, at the same time, I believe we should be working on our County level. But we could send a more general message to the Legislature, so as our legislators especially continue to work on this, that they incorporate some of the comments that we’ve heard here today, into a new bill that gets introduced next session. And that way, we can be urging them to do just that soon, and then when that one comes forward at the next session, we can wholeheartedly support it. While at the same time, we’re working with our County planners to enact a law here, and that gives the public a chance to comment and prevent some of the abuses that have been concerns. So yeah, I don’t know if this bill could be amended to do that, by taking out the reference of that specific bill that’s deferred. I mean this resolution could be amended, because I don’t see the number referenced in the title, so you wouldn’t need to change the title. And that might be one way to keep the momentum going quicker while at the same time, we aren’t referencing a specific bill that we determine has some issues that we can’t all support. I don’t know it’s just my summary of what I’ve heard today, and I’d leave that up to you. MS. RUGGLES: Thank you for that suggestion. And before I move to that, I just wanted to clarify something. It’s not my intention to legitimize tent cities. What I meant was that through providing a process for them to build sustainably and to do research in a way that’s productive and safe, and has guidance by the County permitting process, that it discourages the tent cities, and encourages them to do it in a legitimate way. And I really appreciate what everyone is saying about bringing the power to the County, to be able to enact on our own ordinance instead of the State having to do it. So that the County can do what’s appropriate for us, and that the power is within our hands. Rather than having—because it did raise questions in my mind, as far as the State requiring the Planning Department to do these procedures that may not work for the Planning Department. And address all of the concerns of the Planning Department, including Public Works. So that being said, I don’t think it’s that productive to send this to the State without full support of the Council. And I really appreciate everyone willing to work with me and have this discussion. And I want to work with you, so I’d like to make a motion to postpone this. Motion to Postpone: Ms. Ruggles moved to postpone Res. 109-17 to the call of the Chair. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Discussion? Ms. David. MS. DAVID: Yes. I like the idea of the suggestion that you had made, Page 38 Hawaiʻi County Council-8 March 22, 2017 Chair Eoff. And I thank Ms. Ruggles for wanting and agreeing that anything we send to the Legislature should have a positive support of the Council. So I will be supporting the postponement, given the fact that you know, we had more than a dozen written testimonies in support of this. And I really think that we need to do all that we can to move this forward in the most positive manner. And I thank you for the suggestion, because I think what Chair Eoff is saying, is that if this resolution is made in a generic way addressing what the title speaks to without referencing the actual bill, I think it would work. So anyway, I’ll support the postponement. Thank you. ACTING CHR. EOFF: Okay, any other comments? MS. RUGGLES: I just want to say that the reason for the postponement is that I’m seeing that we’re all behind the concept of sustainability. So I’d like to work with all of you, to see if we can create a resolution or other measures that meet that definition of what sustainable living means to all of us. Thank you. ACTING CHR. EOFF: Okay, thank you, Ms. Ruggles. Mr. Kanuha. MR. KANUHA: Thank you. I’m fine with that, it’s just the title that bothers me, in how we plan to do that. Because we’re still asking the State to establish legislation, and you know, I want to establish legislation. We’re the Council Members, we should be establishing that. I don’t want them to be telling us that oh, and by the way, you know, we’re still going to put—delineate a permit and review process for implantation. Telling the Planning Department to do all that kind of stuff, no, way. You know, I don’t want them to do that, we should be doing that. So, I don’t know how we’re going to be moving the conversation forward by telling the State to establish this, when we should be doing that. That’s all I’m saying. I just got off the phone with a legislator, and I asked them why they voted with reservation for this, and they said because the County should be doing this. I’m not going to bring up their name because I didn’t ask them if that was okay to say that, but that was the reason they gave me. So I don’t know if this is really the right thing to be moving this conversation forward. So I don’t know what I’m going to do with the postponement. ACTING CHR. EOFF: Okay, thank you, Mr. Kanuha. Ms. Poindexter. MS. POINDEXTER: Yeah, and I like Home Rule. I mean Margaret Wille spoke of Home Rule when it came to ag all her last term, and most of us agreed. One thing we got to face is there’s a State Department of Ag, so they have to be in the picture. There’s no way out, so yes, we need to work at the County level. But the State also needs to be working on this with us as well, because it’s not going to work with just us, because we don’t have a Department of Ag. In fact one time, I Page 39 Hawaiʻi County Council-8 March 22, 2017 think Margaret wanted to have a Department of Ag for the County, because she wanted Home Rule. So what I’m hearing this discussion going now is, we should maybe have our own Department of Ag. But that’s not realistic at this time, we don’t have the funding. So I know that the State Department of Ag, and the State Legislature has to be involved with this as well. So at the same time, we could do something at the County level too. But anyway, I’m supporting the postponement. Thank you. ACTING CHR. EOFF: Okay, thank you. Mr. Richards. MR. RICHARDS: Thank you, Chair. I hear what Councilman Kanuha has said, and point is taken on that one. I think it’s very prudent that we just slow down the process here completely, and so I will support the postponement to the call of the Chair. But that also comes with getting together, and talking stories, and working this stuff out. So I do look forward to doing that with you, Council woman Ruggles. ACTING CHR. EOFF: Any more discussion on the postponement? Okay, then all in favor please say “aye.” Vote on Motion to The motion to postpone Res. 109-17 to the call of the Chair Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Mr. Clerk, Resolution 111-17. Res. 111-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I TO ASSIST THE HAWAI‘I COMMUNITY COLLEGE, OFFICE OF CONTINUING EDUCATION AND TRAINING, WITH ITS CANOE PROJECT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 155 Intr. by: Ms. Eoff Page 40 Hawaiʻi County Council-8 March 22, 2017 Motion to Approve: Ms. David moved to adopt Res. 111-17. Seconded by Ms. Poindexter. ACTING CHR. EOFF: This is my contingency relief, and I wanted to support this project. It puts together the community college, and actually—program of the prison. So I think we may have heard a little bit from Mr. Les Estrella, but anyways, I just ask for your support. It’s an opportunity here, so any other discussion? Seeing none, all in favor say “aye.” Vote on Res. 111-17: The motion to adopt Res. 111-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution 112-17. Res. 112-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE THIRD ANNUAL HŌKŪPA‘A YOUTH SUMMIT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 156 Intr. by: Ms. Eoff Motion to Approve: Mr. Richards moved to adopt Res. 112-17. Seconded by Ms. David. ACTING CHR. EOFF: This we spoke about earlier, when Mr. Kanuha’s resolution came up, so I ask for your support. Any other discussion? Seeing none, all in favor please say “aye.” Page 41 Hawaiʻi County Council-8 March 22, 2017 Vote on Res. 112-17: The motion to adopt Res. 112-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution 114-17. Res. 114-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR THE PURCHASE OF SUPPLIES AND MATERIALS RELATING TO ITS COMMUNITY OUTREACH PROGRAM Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Liquor Control, Public Programs account. Reference: Comm. 158 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 114-17. Seconded by Ms. David. ACTING CHR. EOFF: Any comments? Mr. Richards? MR. RICHARDS: Yeah, short and sweet. United Way, I ask for your support. In sitting with the grant ad hoc committee, it is amazing how many of the groups that we had spoke to partner up with United Way. So this is another way for us to effectively capitalize on the relationships and actually get a lot of bang for our buck. So I appreciate your support on this. ACTING CHR. EOFF: Okay, thank you. All in favor say “aye.” Page 42 Hawaiʻi County Council-8 March 22, 2017 Vote on Res. 114-17: The motion to adopt Res. 114-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Order of the day, Bill 14. BILL FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 14: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants – 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) First Reading: March 8, 2017 Vote on Bill 14: Ms. David moved to pass Bill 14 on second and final reading. (Adopted) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. Page 43 Hawaiʻi County Council-8 March 22, 2017 ACTING CHR. EOFF: Bill 15. Bill 15: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR 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) First Reading: March 8, 2017 Vote on Bill 15: Ms. David moved to pass Bill 15 on second and final reading. (Adopted) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 16. Bill 16: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR 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) First Reading: March 8, 2017 Motion to Approve: Ms. David moved to pass Bill 16 on second and final reading. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? Mr. Richards. Page 44 Hawaiʻi County Council-8 March 22, 2017 MR. RICHARDS: Yeah. You’ve heard me talk about this, ag theft in our County, in our island, in our communities has been an ongoing thing for as long as I can remember. And it would appear that we are finally getting the traction needed to get something done about this. I think most recently if you read there were some boats stolen this past week, and they’ve been caught. And we need to push for the prosecution because though it’s been trivialized in the past, it’s very important for our ag community. If we’re going to produce agricultural commodities, we have to support them and help protect them. So again, I encourage the passing of this. ACTING CHR. EOFF: Any other comments? Seeing none, all in favor please say “aye.” Vote on Bill 16: The motion to pass Bill 16 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 17. 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) First Reading: March 8, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 45 Hawaiʻi County Council-8 March 22, 2017 Vote on Bill 17: Ms. David moved to pass Bill 17 on second and final reading. (Adopted) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: Motion to adjourn. Page 46 Hawai`i County Council-8 March 22, 2017 ADJOURN- There being no other business, at 12:04 p.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Thank you Council Members. JUN 2 3 2017 Council Approval: .ire CO TY CLERK SM/jm/rk Page 47