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HomeMy WebLinkAboutMIN COUNCIL 2017-07-07 2016-2018 th 17 Session ounty Council 25 Aupuni Street Hilo July 7, 2017 INVOCATION: Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin gave the m invocation. CALL TO The regular meeting of the ORDER: 9:04 a.m., in the Council Chambers, Hilo, by Ms. Valerie T. Poindexter, Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron Chung, Member Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. , Member Mr. Herbert Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Lee Loy led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERIT, AND EXPRESSIONS OF (Note: At this time, Council Member Richards presented a Certificate of Merit to CONDOLENCE: Manuel Jadulang in recognition of his leadership in the Future Farmers of America Recess: At 9:16 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:17 a.m. -17July 7, 2017 Graham Ellis in appreciation of Recess: At 9:27 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:34 a.m. 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: Rene Siracusa: Communication 107.35, in support. Bill 13, Draft 2 (Comm. 107.11), in support. O Puna) Steve Hirakami: Bill 13, Draft 2 (Comm. 107.11), in support. Megan Lamson: Communication 107.35, in support. Bill 13, Draft 2 (Comm. 107.11), in support. Wildlife Fund) Cory Harden: Bill 13, Draft 2 (Comm. 107.11), in support. Joy Gold: Bill 13, Draft 2 (Comm. 107.11), in opposition. (representing KYD) Dave Kisor: Communication 107.35, in support. Bill 13, Draft 2 (Comm. 107.11), in support. Dwight Vicente: Res. 227-17 (Comm. 315), comment. Res. 228-17 (Comm. 326.2), comment. Res. 233-17 (Comm. 335), comment. Russell Ruderman: Bill 13, Draft 2 (Comm. 107.11), in support. Joyce Alberta Folena: Communication 107.35, in support. Bill 13, Draft 2 (Comm. 107.11), in support. Gregory T. Smith: Communication 107.35, in support. Bill 13, Draft 2 (Comm. 107.11), in support. Gary Harrold: Bill 13, Draft 2 (Comm. 107.11), in support. Page 2 -17July 7, 2017 Laurel Trammell: Bill 13, Draft 2 (Comm. 107.11), in support. Carla Carpenter-Kabalis: Bill 13, Draft 2 (Comm. 107.11), comment. CHR. POINDEXTER: This concludes the Statements from the Public on Agenda th approval of minutes of April fifth and April 19. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of April 5, Minutes: 2017 and April 19, 2017. Seconded by Ms. David and (Approved) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Ruggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, so taking out of order, we have since he has a time schedule that he has to leave. So Mr. Clerk, could you read in 336 and Rose, can you come forward? Change Order As directed by the Chair and with no objections from the Council Members, of Business: the following items were taken out of order. Comm. 336: NOMINATION OF WAYNE FRANK, PHD., TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor Harry Kim, dated June review and confirmation the above nomination. Waived: FC Requires Council Confirmation by: August 3, 2017 (Section 2-215(k), ) Motion to Approve: Ms. moved to confirm the appointment of Mr. Wayne Frank to the Public Access, Open Space, and Natural Resources Preservation Commission. Seconded by Mr. Richards. Page 3 -17July 7, 2017 Vote on Comm. 336: The motion to recommend confirmation of the appointment (Filed) of Mr. Wayne Frank to the Public Access, Open Space, and Natural Resources Preservation Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Council Members spoke in favor of the appointment. CHR. POINDEXTER: Okay, so Communication 336 is approved. Thank you so much for your service and congratulations. Can we just take a brief recess? Recess: At 10:31 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:42 a.m. CHR. POINDEXTER: going to take one item out of order. Mr. Clerk, Resolution 233-17. Res. 233-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS (DLIR) SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) GRANT Authorizes the Mayor to enter into an agreement with DLIR to receive and expend WIOA funds in the amount of $1,521,232. Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 335 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 233-17. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. Page 4 -17July 7, 2017 MS. DAVID: Yes, I believe this one, the department asked for us to waive it and I think Mr. Gyotoku is here if anyone has questions. But I think this is so that they could process and access the grant as soon as possible. Thank you. (Note: At this time, Housing Administrator Neil Gyotoku came forward to address the members of the Council.) MR. GYOTOKU: Neil Gyotoku, Housing Administrator. The appropriation is needed to set up the accounts to receive the grant funds from the Department of Labor. CHR. POINDEXTER: Thank you. Are there any questions? Vote on Res. 233-17: The motion to adopt Res. 233-17 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 233-17 is approved. Thank you for coming. Okay, now Mr. Clerk, if we could do, I guess, the Communication 107.35. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 107.35: REPORT OF THE AD HOC COMMITTEE ON BILL 13, RELATING TO STYROFOAM REDUCTION From Council Member Eileen Postponed: June 23, 2017 Comm. 107.35.) CHR. POINDEXTER: Okay, so discussion, want to just kind of close us out and move to the bill? Up to you how you want to proceed. Page 5 -17July 7, 2017 file the report and move on to Bill 13 so that we can discuss the amendments that have come forward. CHR. POINDEXTER: Okay, so any other discussion, because we do have a motion and a second already on the floor? Vote on Comm. 107.35: The motion to close file on Comm. 107.35 was carried by (Filed) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, if we could go to Bill 13, Draft 2. Bill 13 AMENDS CHAPTER 20, OF THE (Draft 2): (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE FOOD CONTAINERS AND FOOD SERVICE WARE Prohibits food vendors from dispensing prepared food in disposable polystyrene food service ware effective July 1, 2018. Exempts ice chest and coolers, County facility users and food vendors with approval by the Environmental Management Director, and County facility users and food vendors procuring supplies during an event declared as an emergency by the Mayor. Reference: Comm. 107.11 Intr. by: Ms. Approve: EMC-1 Postponed: March 8, 2017 Bill 13, Draft 2.) ; and Comm. 107.156: Bill 13, Draft 2. CHR. POINDEXTER Motion to Amend: , with the contents of Comm. 107.157. Seconded by Mr. Kanuha. Page 6 -17July 7, 2017 CHR. POINDEXTER amendment is because we have a wonderful Legislative Reference Bureau and they caught some last minute grammatical changes that they thought improved floor. It has both the amendments, the most recent amendments, as well as the clean version attached. And this is the document that I would like to be under discussion for today. The intent today might be to consider moving this forward to our Environmental Management Commission because as we all know, this bill has taken many forms and was introduced initially last year by Margaret Wille, who was on the Council at the time. And we have made several changes to it and it would behoove us to send it back to the Commission for a final review. because I know that Mr. Kucharski of DEM (Department of Environmental Management) is here, and he has some points he would like to bring up. I would also ask Russell Ruderman, Senator Ruderman, if he might come up because I do have a question or two for him related to State facilities and functions. So perhaps we can have that discussion. CHR. POINDEXTER: Senator Ruderman, do you want to come to the table? And Mr. Kucharsk. Thank you. (Note: At this time, Senator Russell Ruderman and Department of Environmental Management Director William Kucharski came forward to address the members of the Council.) : In testimonies that we heard earlier, we heard from they are accommodating the change over from using any styrofoam to using products that are allowable under this bill. And that it incurred a little additional cost, but just p actually describe a school as a retail establishment. So the question I guess, is how do we make this apply to the State public schools and is that something that is going to be problematic to the State? So since you two gentlemen are here, I thought it would be good to have that discussion. MR. KUCHARSKI: Bill Kucharski, Director of DEM. Council person, this, under the definition of food provider, school could be within that list and that could be added there, I believe. Page 7 -17July 7, 2017 : Okay, and we have both public and private schools, so we might have to clarify it further. MR. KUCHARSKI : And Senator, on the level of imposing this ban on State schools, is this something that is going to be problematic, from your knowledge of the Department of Education (DOE) and its ability to respond to this? MR. RUDERMAN: Quite frankly, I have to do a little bit of research before I ke private schools comply, but as far as DOE schools, I think we need to do some research. I simply : Okay. No, I appreciate that response. Anybody else have any questions relating to that specifically? Well thank you for that, and we will continue to pursue that as it moves forward for passage. And I will also reference applied that in terms of schools within Maui County. Thank you. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: I was the Vice Chair of the ad hoc committee and I have to this forward. Based upon our conversations and our concerns through the bill, trying to accomplish here is there, we get it. However, the application of what be mindful of what we - mindful of what you said about the State schools, but I think under the way things function, I have to believe we can make things tighter, not relaxed. I can only ng to be the case. But, I agree research is important. . W to accomp the dates have been pushed back so we would be sure when we put this program forth, that our Director of Environmental Management is given the time to put it together and also given the resources to put things together to make this happen. Page 8 -17July 7, 2017 But I do also want to hear from other Council Members as far as the concern. I think the ad hoc committee was a great way to get some of this done because o be had and not being encumbered by the Sunshine, Council a vast amount of time, which thereby, a vast amount of money. that a lot of the styrofoam coming into the County is not going to be subject to this, packing something we can wrap up into all this at that time. There are a few things that Director Kucharski has brought up as it pertains to the need to work out. I would say ad hoc Chair, that we send this to the Commission. sending this to the Commission for comment not for approval, , and still struggling, struggling is the not comfortable with how this thing is written. Though I understand the intent, I think we still need to work on it. So with that, I will yield. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you, chairing the ad hoc committee, I was very pleased to be a part of this. I supported have to worry too much. I believe bills are living and breathing documents, and of raw meat, fish, and eggs, tuntil such time as the compostable alternatives are developed and available. And I think we can go back and look at this after a while if we need to tighten it up, and when products are available for those foods, purpose for exempting it at this time. I would hope that our County facilities would all find ways to transition and they canyou know, the way this is written, they have a little bit of leeway here, little bit of wiggle room to work through it. But I think that by us passing something like this will encourage and excite people to look for the best alternatives. I wanted to agree with what Senator Ruderman had said. I worked closely with the sustainable island products people. We just had a zero-waste event at Kohanaiki, a big event and they donated products for us to use, plates, cups, cost of the donation was so little. They gave uthink Page 9 -17July 7, 2017 you have to weigh certain things, the cost of the environment and the cost to the sea life and health of our people is more important than a few more cents on a product. But they showed me the newer products and things are becoming beautiful. In some cases, they have a line that can be used in more fancy, social . I support it and I really thank you for your transitioning over the last 18 years, and so I believe you do have first-hand experience and I think the people that given an alternative product at many take-out places and restaurants. And I think doing anything unusual here. And so. We can keep it here at first reading while it goes to the Environmental Commission, we can move it to second reading. I think either way, it e up to all of us or you, Eileen. good job thus far and the input we get from the Director and the Commission will be helpful, too. Thank you very much. CHR. POINDEXTER: Thank you. MR. CHUNG: Madam Chairman, just a point of information so I can follow this thing a little bit better. Are we on the motion to amend? CHR. POINDEXTER: Yes. MR. CHUNG: Or are we on the main motion? CHR. POINDEXTERment has all of it in it. Okay, Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Actually, I was going to yield one time to Mr. Kanuha because I know he was another individual who sat on the ad hoc wanted to get his thoughts before actually CHR. POINDEXTER: Who are you asking for? Okay, Council Member Kanuha. MR. KANUHA: Since I was on the ad hoc committee, I appreciate being on there and just hearing more about the concerns that each of us had. It was so nice Page 10 -17July 7, 2017 to be able to talk to each other. But in terms of these amendments, these were the issues that were brought up earlier in terms of the packaging for raw meat, fish, and eggs. I know Senator Ruderman spoke earlier about the types of products , but glad we have exemptions for. supporting it going to the Commission, . I want to hear comments, I want to hear t want just a blanket absolutely, which happened the last time on the main bill, but in terms of this amendment, I support it and I did want to get exemptions. CHR. POINDEXTER: If we can want to hear from her, I want toand take Council Member MS. DAVIDFirst of all, I think I want to just thank the to support the intent of this bill. I just have one question for the ad hoc committee, did you folks address the effective date on whether it should be on approval or whether we should allow themI think in the amendment, I see that it istakes effect upon approval. Is that what you? : Chair, may I respond? CHR. POINDEXTER: Yes. : Okay. The bill will take effect upon approval, but there are dates as to when the law takes effect in the public when the Department of separate dates laid out in the bill for all of those things. CHR. POINDEXTER: Okay. MS. DAVID: Okay. No, I see the education note in section CHR. POINDEXTER: On page eight of the amendment, at the bottom. : But the ordinance itself takes effect upon approval, but the dates are laid out in the ordinance as to when certain things happen. Does that answer the question? Page 11 -17July 7, 2017 MS. DAVID: Yes, because I think that was the allowing2019, okay. And by that time, the educationall right, I just wanted clarification on that because the ordinancethank you. All right, mahalo. CHR. POINDEXTER: Thank you. Council Member Ruggles. MS. RUGGLES: Thank you. I also wanted to start off by thanking the ad hoc committee. I remember after one of our really late budget hearings, you guys stayed and met. this. And I remember at that time when we created the ad hoc committee, that it was to address the concerns of the Department of Environmental Management on being able to identify the styrofoam, reports that came out of the committee. I also wanted to speak to the private and public school issue. I think that the issue to not move this forward, that we have to act in the best interest of public health safety, where we can affect change and we can affect it positively. So I think we should still move it forward, and like Ms. Eoff said, this is alaws are living and breathing documents and we can continue to work on it to affect where we can. And the third point is on the exemptions, u might be comfortable with. And CHR. POINDEXTER: On the first round, anybody else? No? Okay, so I know that Council Member Richards had his light on during the first round, waiting for his second time, so go ahead, Council Member Richards. MR. RICHARDS: that yet, so I can defer and explain mybecause this is supposed to be a talk story s vote on maybe we just get the amendment so then we can actually discuss it and we can talk story better about that. CHR. POINDEXTER: And know that the amendment has pretty much all of what that bill entails as well. Yeah, so we cananybody else on the amendment then? Council Member Kanuha. MR. KANUHA: Just since Director Kucharski is here, you got a chance to see the amendment, I assume? MR. KUCHARSKI: Yes, sir. Page 12 -17July 7, 2017 MR. KANUHA: Any comments about the amendment? MR. KUCHARSKI: Basically, my issues and questions are either procedural or definition wise. There is nothing of majorany of the issues of identification with, particularly with the penalties being reduced and defined better, the probability of going up into a circuit court is less. B Corporation Counsel to be dealing with the rules of evidence and proofs that are going to be necessary. Those will be worked out in the administrative rules that MR. KANUHA: Okay. And we did add a definition for recyclables. MR. KUCHARSKI: Yes. MR. KANUHA: Did this definition meet with approval from Department of Environmental Management? Were there concerns about this current definition? MR. KUCHARSKI: We provided a proposed definition that was accepted, so MR. KANUHA: Thank you. And I just wanted to put it on record. Thanks. CHR. POINDEXTER: Okay. Council Member Chung. MR. CHUNG . But anyone to misinterpret my vote, a main motion comes up. Thank you. CHR. POINDEXTER: Okay, are we ready to vote on the amendment? Vote on Motion to The motion to amend Bill 13, Draft 2, with the contents of Amend: Comm. 107.157 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 13 -17July 7, 2017 CHR. POINDEXTER: , as amended with Communication 107.157, and Council Member Richards has been waiting MR. RICHARDS: Okay, thank you, Chair. And so this is version two as amended, or do we actually call it version three now? CHR. POINDEXTER: No, I think after we vote it in, then the next time it comes MR. RICHARDS: Okay, whatever. I think the directions to hear great time to allow us to actually have the conversations and now we have a more formal setting to do this. Question was posed what my concerns are for the exemptions. If you recall back during our conversation early on, several months , and the County must lead the way and n anything for ourselves. I think less is more a lot of the time and so when we have a whole bunch of definitions here, I start getting bothered. I am a bit concerned about the sashimi and poke packaging g processed thought. mindful of the economic side and what our constituentsI mean they want to go appropriate containers. anything as of yet. One of the things in here where we talk about the ackaging of raw meat, fish, and eggs . . . until such time that compostable alternative are developed and to get ourselves into another heated, drawn- much that actually costs our County, want to get into that, I want to be sure we have a clear definition of how we subjective when it comes to clarifying that. The rest of thewell under (e), it says the emergency supplies, in the event of an emergency as deemed by the Mayor, it will exempt County facility and food vendors. I think t pay attention Page 14 -17July 7, 2017 an emergency or something like that. But I think all bets are off, it apply. nuances, I want it to be very clear. And for the exemptions, it was brought up by our Director, when we talk about County facility users, that also means campers because those will be coming to the facilities and so we have to be very mindful wiggle room. what we are trying to do. We have to balance that with the fact this will increase cost a little bit, and we also have to be mindful that we have the hardest economy in the State, as far as the County. Our constituents are hard-pressed so we have to find that balance in there somewhere. So, like I said, those are my concerns, kind of in a thumbnail and I want to hear back from the Commission again. I want to get their input and I need to cogitate on this a little bit better tomaybe we can simplify some of this stuff so it makes conversation, and Chair, I like the fact we have this kind of open forum. I little formal, but the back and take I think CHR. POINDEXTER: Yeah, and we just need to maintain order because then if MS. LEE LOY: Thank you, Chair. Thank you to the committee. I am having heartburn with a lot of the exemptions and right at this stage, I really would want to hear back from our Environmental Management Committee, which is why I would actually support a motion for it to go to the Environmental Management Committee for comment, or Commission, sorry. And just food for thought for that committee, really taking a good, hard look at the exemptions, the issues with our school. We get unfunded mandates all the time from the State, so it would be real interesting to see if the County could strap the State the other way. This will be real interesting, so Mr. Senator Ruderman, I would love to hear some of that comment ba difference between a Charter School being run by a local school board, compared to a DOE facility being run by the Department of Education. So I applaud our Charter Schools by leading the way and teaching our children how to take care of our environment, and theyit is these large State agencies that actually end up not having to comply with these types of stuff t Page 15 -17July 7, 2017 landfill, all the while other businesses, our farmer markets, our food trucks, they are the ones having to bear the burden and the cost of all of those things while trying to be environmentally friendly. So I really would not only want the County to lead by example, but I would love to have the State lead by example and urge our Senator to propose legislation at the State level so that the State as a whole could come into compliance. The other part of this bill, which is why I would love to hear comment from the Environmental Management Commission, is the exemption process becauseand County facility, but I rent the County facility for a graduation party, do I have to provide recyclable materials? Or what is that process for me to apply for an exemption, as a user of a County facility? And those are all of the vetting that I would want to hear from your Commission, Director Kucharski, and the mechanics, I think Mr. Richards mentioned a lot of that. But then, in the same breath, if we provide too many exemptions, are we really reaching the recyclable goals that we want to? That is where I stand right now, I am not ready to support this to go up to second reading, just because I think there is still a lot more conversation to have. I would only support a motion for it to go to the Environmental Management Commission for comment, and keep working on this, so thank you. CHR. POINDEXTER: Okay. : Thank you, Chair, and I appreciate all the comments that have grocer and owner of Island Naturals. Do you serve poke or sashimi in your stores? MR. RUDERMAN: Yes, we do. : And are they served in styrofoam containers or not? Do you know? MR. RUDERMAN both clear plastic-type containers as well as for anything except the trays that we put the meat and fish, which wefor a while, we had an alternative to that, bu -some years. either, an Page 16 -17July 7, 2017 ban was because as its processed for a delicious, edibleit can, yeah those types of containers, it canit has acids in it. It can impact and possibly activate the polystyrene. I d So yes, there are alternatives for packaging poke and sashimi that do not require exemptions since that seems to be where . In terms of articulating know when those are lifted and that is why we incs ssed or tweaked in the ad hoc was the addition of eggs as a product for packaging that would be exempt. And the rest of the County facility users and food vendors exemptions at out is a process whereby either a food vendor or a County facility user, and that is any user that receives a permit. So that answers that question about who this applies to, so any food vendor or County facility user. And it lays out a process where they can request an exemption. That exemption is only for 180 days, and that exemption is at the discretion of the Director, who currently is sitting before us, the Director of DEM. And they can approve the exemption in whole or in part. Now, if that approval or disapproval is not what the applicant was expecting, if move forward to the Environmental Management Commission. But what it Director, were to opine that the exemption is not allowed and the Commission would disagree, what happens then? So that may be where we need to go in and add some language, defining what happens in that circumstance. But other than that, that just lays out a process for exemption and that has been in the bill from the get go. Another thing that I wanted to discuss, and one place where our proposed bill differs considerably from the Maui ban that passed about six weeks or two months ago, is in the amount of the fines imposed. And this is a percent of what the Maui fines are. We say not more than $100 for an event of 100-200 people, a fine of $10 for first violation. Their fines are as high as $1,000 really think it was necessary to go to that level, we do need to make the penalty such that it deters violations. So it is something that I think might be where we need to reconsider, and I would love to hear from the Environmental Management Commission on their suggestions about changes to Page 17 -17July 7, 2017 discussed, it would be great. So thank you very much. CHR. POINDEXTER: Thank you. Council Member Kanuha. MR. KANUHA: Did you have anything to say? I know you were wanting to push that button. MR. KUCHARSKI: You have the mic, sir. MR. KANUHA: O follow-up questions for yourself as a business owner. I know you brought up the range between I think zero and a dime or eleven cents of the products that you were talking about. Is it fair to s terms of serving food thana lot of the problems that we heard were from the usiness or their customers for as substantial to a business owner like you who has several, what was it three stores around the island? But if you had a comment on that, you buy a lot of your stuff in bulk to provide for all of your stores, and it might come at to a cheaper price because you have a bigger load of items. But what about the small mom and pop who might pay a little bit more? Did you have a comment on that? MR. RUDERMAN difference, quantities, that exact same situation is true of styrofoam containers, too. But a carton full or 10 get a 10 case price on some stuff that the small mom and pop store cannot. , think the differential is significant at all. MR. KANUHA the things that were always brought up from the small mom and pops. MR. RUDERMAN: And if I may, Councilman Kanuha, so many times we hear that, the price of lunch is going up fifty cents or a dollar, how can people afford it? your cost goes up five or maybe 10 cents, how does the retail price go up fifty reality based at all. MR. KANUHA: Thank you for being here and saying those things. I just wanted Page 18 -17July 7, 2017 CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: I just wanted to respond to a statementI guess Council Member Lee Loy left the room, concerning the food in our schools and I do have to commend the State for the Farm to Plate Program going on in Kohala. And what they were actually able to do is identify wastes that are going on, over cooking food, things like that. So what that has allowed us to do is save money. , but I think we can basically work on things together. So I just want to give kudos to the State for actually allowing that to occur because I think that model will be replicated coming forward. CHR. POINDEXTER: Any other discussion before I go back to Council Member I MR. CHUNG: Well if this is going to be referred to the Environmental over on many occasions and I just want to save you guys the grief right now. But CHR. POINDEXTER: And thatokay. I know that Council Member Eoff stated that she would support if it would go tovote up to Council for the second reading or sending it over to the Commission. So it will be, I guess, up to this and some of your points, and you had your light on any way earlier. Council : Well I got a little information while we were having our discussion that the Maui bill did not include the schools. So our bill does not currently include schools, we can add that in and see what happens, discussion. So I would prefer to keep it here and then send it to the Commission CHR. POINDEXTER: Okay. : And I just want to encourage Mr. Kucharski to transmittal out immediately and it will be on your July agenda, I suspect, and hopefully come back to us as quickly as you can and relay all the comments and concerns of the Commission back to us. CHR. POINDEXTER: We would have to vote on it if we wanted to go to second, have automatically gone. So are you now saying? : Can I make the motion to send it to the Environmental Management Commission? Page 19 -17July 7, 2017 CHR. POINDEXTER: Yes. : I would like this version, which is CHR. POINDEXTER: Bill 13, Draft 2 as amended : As amended with Communication 107.157, be transmitted to the Environmental Management Commission. Vote on Motion to , as amended, to the Refer: Environmental Management Commission. Seconded by (Approved) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, so Bill 13, Draft 2, as amended, will be sent over to the Commission. MR. KUCHARSKI: Bill Kucharski, Director of DEM. One point of clarification. Since there are rules within the EMC about times that they need to refer, that is just for a completed bill, a final bill, or a semi-final bill. CHR. POINDEXTER: It would apply. I think the timeline will apply. MR. KUCHARSKI: Again, with their rules, I need to verify that I can agendize this item for this next meeting. : I believe we already did. MR. KUCHARSKI: Yeah, okay. th : July 14 is the deadline. CHR. POINDEXTER: Okay. MR. KUCHARSKI: I just want to make sure that I can respond as expected. CHR. POINDEXTER: Thank you so much. And do you have a few words to say, Senator? Page 20 -17July 7, 2017 MR. RUDERMAN: I do, if I may. CHR. POINDEXTER: Okay, go ahead. MR. RUDERMAN: So just regarding some of the discussions that had recently Members to not have too many exemptions, good But I encourage you to not let the perfect be the enemy of the good and at some CHR. POINDEXTER get back into the discussion of this, but I just was honoring your presence here and if you just wanted to MR. RUDERMAN: No, I was going to make some comments on some of the discussions, but CHR. POINDEXTER: Okay. Thank you so much because we had already voted on send it to the Commission. So I would encourage testimony there at the Commission. You could get when the agenda is and all and be present there as well. Thank you both for coming to the table. the top of the agenda, on the Order of Resolutions, Resolutiondo we need a break? Thank you. Do you want a quick five minutes? I was thinking we could roll through all of this. So Resolution 227-17. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 227-17: AUTHORIZES THE FINANCE DIRECTOR TO INVITE PROPOSALS FOR LEASE BY NEGOTIATION OF 900 ACRES OF AGRICULTURAL COUNTY-OWNED LEASE LANDS, BEING TAX MAP KEY: 4-2-005:001, KOHOLALELE, HM ARTICLE 19, SECTION 2- (2016 EDITION, AS AMENDED) All or a portion of this 900-acre parcel would be leased by negotiation for the purposes of diversified agriculture, eco-tourism, and pastoral uses. Reference: Comm. 315 Intr. by: Ms. Poindexter Approve: FC-22 Page 21 -17July 7, 2017 Motion to Approve: Ms. David moved to adopt Res. 227-17 and Finance Committee Report No. 22. Seconded by Mr. Richards. CHR. POINDEXTER: Is there any discussion? Council Member Richards. MR. RICHARDS: Okay you guys, any time it involves big money or agriculture, forth something like this, enough time on the leases that entity, especially a smaller entity is going to be challenged to be able to turn a profit, break even, whatever the case may be. So I ask that we could look into that. I did receive a communication from Hamana and as it stands now, the ag leases will be for 10 years, which is great, with two but also give the County the ability, and there whereby, the leasee the ability to think this is, we as a County, need to be mindful of that and I think we are doing that. So, given that ght direction we want to take our County. CHR. POINDEXTER: Thank you. Any other discussion? Vote on Res. 227-17: The motion to adopt Res. 227-17 and adopt Finance (Adopted) Committee Report No. 22 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 8. Noes: None. Absent: Council Member Ruggles 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 228-17. Page 22 -17July 7, 2017 Res. 228-17 APPROVES THE ESTABLISMENT OF A SISTER-CITY RELATIONSHIP (Draft 2): BETWEEN THE MUNICIPALITY OF CABUGAO, PROVINCE OF ILOCOS ES FORMAL SIGNED AGREEMENT Authorizes the Mayor to formally establish this sister-city relationship, pursuant to Section 2- Reference: Comm. 326.2 Intr. by: Ms. Poindexter Approve: GREDC-5 Vote on Res. 228-17: Ms. David moved to adopt Res. 228-17, Draft 2, and adopt (Draft 2) Governmental Relations and Economic Development (Adopted) Report No. 5. Seconded by Mr. Richards and carried by The following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter 8. Noes: None. Absent: 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 232-17. Res. 232-17: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO , IN PETITION NOS. 2017-07 and 2017-08 Authorizes the employment of special counsel from the Office of Corporation Counsel, County of Maui, at a cost not to exceed $1,000. Reference: Comm. 331 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Motion to Approve: Ms. David moved to adopt Res. 232-17. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. Page 23 -17July 7, 2017 MS. DAVID: Yes, thank you, Chair. This was requested to be waived from Finance Committee and I think Corporation Counsel Kamelamela is here to explain if we have questions. But I just note that this is not for attorney fees, just Usually, approval for not exceeding $1,000, so that peaked my interest of what are we doing with this special counsel from Maui? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Joseph just trying to follow the Charter as strictly as possible. So any time we do ask for this process before. The first time that we actually had asked for help from Maui, and Maui had likewise done it for us too, we actually started helping each other out since 1990. MS. DAVID? MR. KAMELAMELA: Just the cost. MS. DAVID: Just the cost? MR. KAMELAMELA: Yes. MS. DAVID: Okay. Well I know this happened before, usually not this low. So, doing with Maui MR. KAMELAMELA MS. DAVID: Okay. When we need attorneys that were conflicted out ofand ? MR. KAMELAMELA: Yeah. And then vice versa. In fact, too, in something else. MS. DAVIDfees either, right? If they have a conflict and weokay. MR. KAMELAMELA MS. DAVID CHR. POINDEXTER: Council Member Richards. Page 24 -17July 7, 2017 MR. RICHARDS: Sorry. CHR. POINDEXTER: Oh, okay, you had your light on by mistake? Okay. Is there any other discussion on this? Vote on Res. 232-17: The motion to adopt Res. 232-17 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, LeRuggles, and Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, Mr. Clerk, Bill 45. BILLS FOR The Chair directed to Council to proceed to the next order of business, ORDINANCES Order of the Day (First Reading). (FIRST READING): Bill 45: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by revising an existing provision for a portion of Haihai Street. Reference: Comm. 323 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-10 Motion to Approve: Ms. Ruggles moved to pass Bill 45 on first reading and adopt Public Works and Parks and Recreation Report No. 10. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you, and I believe this was a housekeeping measure that Ior more a little safety tweak to Haihai Street to allow safety vehicles to be able to travel along the road so people could pull over easier on the road there. And we had discussed this in detail earlier, so I just ask for your support. Thank you. CHR. POINDEXTER: Thank you. Any other questions or discussions? Page 25 -17July 7, 2017 Vote on Bill 45: The motion to pass Bill 45 on first reading and adopt Public (Approved) Works and Parks and Recreation Report No. 10 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 46. Bill 46: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by adding a portion of Mohouli Street. Reference: Comm. 324 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-11 Motion to Approve: Ms. Ruggles moved to pass Bill 46 on first reading and adopt Public Works and Parks and Recreation Report No. 11. Seconded by Ms. David. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you. This is another measure to increase safety along Mohouli Street and I just ask for your support. Vote on Bill 46: The motion to pass Bill 46 on first reading and (Approved) adopt Public Works and Parks and Recreation Report No. 11 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: 233. Page 26 -17July 7, 2017 Bill 51: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants Workforce Innovation Opportunity Act (WIOA) account ($1,521,232); and appropriates the same to the following 2017-18 WIOA accounts: Administration Planning ($152,121); Adult Program ($495,316); Dislocated Worker Program ($405,276); and Youth Program ($468,519). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 335 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 51 on first reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is a companion to Resolution 233 and I just ask for your support. Mahalo. CHR. POINDEXTER: Any other questions or discussion? Vote on Bill 51: The motion to pass Bill 51 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 38. ORDER OF The Chair directed the Council to proceed to the next order of business, Order THE DAY of the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 27 -17July 7, 2017 Bill 38: AMENDS SECTION 25-8-- 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL TWO ACRES (FA- KEY: 6-4-001:152 (Applicant: Peter A. In, M.D.) (Area: approx. 5.001 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels to allow each unit owner to have a separate title and tax map key. Reference: Comm. 291 Intr. by: Ms. Eoff First Reading: June 23, 2017 Motion to Approve: Ms. Eoff moved to pass Bill 38 on second and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Eoff. MS. EOFF CHR. POINDEXTER: Okay, Council Member Richards. MR. RICHARDS: Thank you, Chair. This is the final reading of something This is a the property, I do the owner but this is changing or correctingjust kind of (Condominium Property Regime) --acre lot and three-acre lot. So make all sense in the world and fits in with the rest of the community right there. I ask for your support. CHR. POINDEXTER: Okay, thank you. And no other discussion. Vote on Bill 38: The motion to pass Bill 38 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Page 28 -17July 7, 2017 Excused: None. CHR. POINDEXTER: Mr. Clerk, can you read all of that in on the reports and then we can motion each one in one by one? If you can read it all in first. Thank you. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PWPRC-4 NOMINATION OF MICHAEL DOOLITTLE TO THE VETERANS (Comm. 317): ADVISORY COMMITTEE Vote on PWPRC-4: Ms. David moved to approve Public Works and Parks and (Adopted) Recreation Report No. 4. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. PWPRC-5 NOMINATION OF ANTONIO GASPAR TO THE VETERANS ADVISORY (Comm. 318): COMMITTEE Vote on PWPRC-5: Ms. Eoff moved to approve Public Works and Parks and (Adopted) Recreation Report No. 5. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. Page 29 -17July 7, 2017 PWPRC-6 NOMINATION OF MINORU HANATO TO THE VETERANS ADVISORY (Comm. 319): COMMITTEE Vote on PWPRC-6: Ms. David moved to approve Public Works and Parks and (Adopted) Recreation Report No. 6. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. PWPRC-7 NOMINATION OF ISAAC NAHAKUELUA TO THE VETERANS (Comm. 320): ADVISORY COMMITTEE Vote on PWPRC-7: Mr. Richards moved to approve Public Works and Parks (Adopted) and Recreation Report No. 7. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. PWPRC-8 NOMINATION OF GEORGE SHERIDAN TO THE VETERANS (Comm. 321): ADVISORY COMMITTEE Vote on PWPRC-8: Ms. David moved to approve Public Works and Parks and (Adopted) Recreation Report No. 8. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Chair Poindexter 9. Noes: None. Absent: None. Excused: None. PWPRC-9 NOMINATION OF EMILE WERY TO THE VETERANS ADVISORY (Comm. 322): COMMITTEE Page 30 Hawai`i County Council-17 July 7, 2017 Vote on PWPRC-9: Mr. Richards moved to approve Public Works and Parks (Adopted) and Recreation Report No. 9. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards,Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. 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, BUSINESS: Other Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN There being no further business, at 11:46 a.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O'Hara, Lee Loy, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: This meeting is adjourned. Council Approval: SEP 7 2017 CO CLERK SM/jm Page 31