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HomeMy WebLinkAboutMIN COUNCIL 2017-09-07 2016-2018 Hawaiʻi County Council st 21 Session Hawaiʻi County Council 25 Aupuni Street Hilo, Hawaiʻi September 7, 2017 INVOCATION: Pastor Bob Tominaga of Thy Word Ministries gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:00 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. Eileen O’Hara, Member Mr. Herbert M. “Tim” Richards, III, Member Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Richards 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 Members Chung and Lee Loy presented Certificates CONDOLENCE: of Merit to the Senior Division RBI World Series Championship Baseball team.) Recess: At 9:15 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:20 a.m. Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Thank you for the presentation. At this time, I’d just like to ask Eileen O’Hara, Council Member, to introduce some of the guests. MS. O’HARA: Alright, thank you, Chair. Tiffany, where are you? Oh, she’s still directing. Tiffany Edward Hunt has brought her fifth grade class and the third grade class from Nā Wai Ola, which is a Charter School in upper Puna. So we are blessed to have all these young folks with us today. I believe they are here for their interest in the environment and our solid waste issues, so I thank them all for being here. I don’t expect they’ll all be testifying, but I really appreciate that they’re taking an interest in local government and we’re really happy to have you here, so. Later if you have questions, I’m sure that your teacher can send those questions on up to our Council Members. Your representative for your district is Ms. Ruggles, she just left her seat, but she’s here. So, we’ll be happy to answer any questions you have about the process that you observe here today. So thank you all for coming, it’s great to have you. 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. (representing Bill 13, Draft 2 (Comm. 107.11), in support. Mālama ʻO Puna) Steve Hirakami: Bill 13, Draft 2 (Comm. 107.11), in support. Megan Lamson: Communication 107.35, in support. (representing Hawaiʻi 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. Page 2 Hawaiʻi County Council-21 September 7, 2017 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. Laurel Trammell: Bill 13, Draft 2 (Comm. 107.11), in support. Carla Carpenter-Kabalis: Bill 13, Draft 2 (Comm. 107.11), comment. Recess: At 11:26 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:37 a.m. 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 Minutes: November 3, 2015, July 7, 2017 and July 18, 2017. (Approved) Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, can you read in Communication 378 and Rose can you come to the testifier table with Mr. Fratinardo? Thank you. Page 3 Hawaiʻi County Council-21 September 7, 2017 COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 378: NOMINATION OF THOMAS FRATINARDO TO THE SALARY COMMISSION From Mayor Harry Kim, dated August 16, 2017, submitting for the Council’s review and confirmation the above nomination. Waived: FC (Comm. 378.1) Requires Council Confirmation by: October 1, 2017 (Section 13-4(l), Hawai‘i County Charter) Motion to Approve: Ms. O’Hara moved to confirm the appointment of Mr. Thomas Fratinardo to the Salary Commission. Seconded by Mr. Richards. (Council Members spoke in favor of the appointment.) Vote on Comm. 378: The motion to recommend confirmation of the appointment (Filed) of Mr. Thomas Fratinardo to the Salary Commission was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. Comm. 404: NOMINATION OF HAROLD D. DOW, JR., M.D., TO THE SALARY COMMISSION From Mayor Harry Kim, dated August 16, 2017, submitting for the Council’s review and confirmation the above nomination. Waived: FC (Comm. 404.1) Requires Council Confirmation by: October 1, 2017 (Section 13-4(l), Hawai‘i County Charter) Motion to Approve: Mr. Richards moved to confirm the appointment of Mr. Harold D. Down, Jr., M.D., to the Salary Commission. Seconded by Ms. David. (Council Members spoke in favor of the appointment.) Page 4 Hawaiʻi County Council-21 September 7, 2017 Vote on Comm. 404: The motion to recommend confirmation of the appointment (Filed) of Mr. Harold D. Down, Jr., M.D., to the Salary Commission was 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. (Council Members spoke in favor of the appointment.) CHR. POINDEXTER: Thank you so much for your service and congratulations. Can we just take a brief recess? Recess: At 11:57 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:03 p.m. CHR. POINDEXTER: So, at this time, out of order is Resolution 252-17. Mr. Clerk. 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. Res. 252-17: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE THE LEASE OF REAL PROPERTY, SITUATED AT WAIĀKEA, SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, IDENTIFIED AS TAX MAP KEY: 2-4-057:030, TO HKI KAWILI, LLC, A NONPROFIT CORPORATION Authorizes the Finance Director to negotiate a 65-year lease of the subject property for the purpose of constructing, developing, and operating affordable senior housing with preference to veterans and their spouses. Reference: Comm. 384 Intr. by: Ms. Lee Loy Approve: FC-34 Motion to Approve: Ms. Lee Loy moved to adopt Res. 252-17 and Finance Report No. 34. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I continue to urge your folks support. We discussed this in Committee and passed with no problems. Thank you. Page 5 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 252-17: The motion to adopt Res. 252-17 and adopt Finance Committee (Adopted) Report No. 34 was 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. CHR. POINDEXTER: Let me just ask a quick—I know Council Member Chung has to leave real quickly, but somebody in Kona has been waiting from early this morning on the 250-17. I don’t know if that maybe too long? Okay and that has an amendment, so that’s going to take too long. So let’s go to Bill 13, Mr. Clerk. Bill 13 AMENDS CHAPTER 20, OF THE HAWAIʻI COUNTY CODE 1983 (Draft 3): (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO REDUCTION OF POLYSTYRENE FOAM “STYROFOAM” FOOD CONTAINERS AND FOOD SERVICE WARE Prohibits food vendors from dispensing prepared food in disposable polystyrene food service ware effective July 1, 2019. 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. 107.161 Intr. by: Ms. O’Hara Approve: EMC-1 Postponed: March 8, 2017 Referred to the Environmental Management Commission: July 7, 2017 (Note: There is a motion by Ms. O’Hara, seconded by Ms. Ruggles, to approve Bill 13, Draft 2, as amended.) (Note: Comm. 107.164, from Council Member Eileen O’Hara dated August 31, 2017, transmitting proposed amendments to Bill 13, Draft 3, was circulated.) ; and Page 6 Hawaiʻi County Council-21 September 7, 2017 Comm. 107.163: From Council Chairwoman Valerie T. Poindexter, dated August 17, 2017, forwarding the Environmental Management Commission’s favorable recommendation and comments by the Department of Environmental Management. CHR. POINDEXTER: Council Member O’Hara. MS. OʼHARA: Yes, we’re getting back to this bill. I’m just going to do a short summary so that Mr. Chung can say his peace and I’ll say more, later, if that’s okay? In this drafting process, we took off and did an ad hoc in March and that culminated the end of June. We made some specific changes to it at that time and came back to Council, and we sent it to the Environmental Management Commission. They heard it at their July meeting and they gave it a six, zero vote of approval. They didn’t have any real extensive comments at that time, but they had the option of bringing comments back to their August meeting. So, I held off and I went to the August meeting to see if there were any additional comments and they offered none. We did get additional comments from the Director of Environmental Management and, also, the Deputy Corporation Counsel, who reviewed if for DEM (Department of Environmental Management). And I worked with the director and their attorney to integrate some of that language because while it didn’t make substantive changes to the bill, it cleaned up the corresponding language in Chapter Two of the Code so that we are in compliance with existing language in the Hawaiʻi County Code. And this dealt mostly with the enforcement elements of the bill. So, what I am going to ask now is to move to amend the current version with Communication number 107.164. You’ve received it on your board and this is the final draft that incorporates the concerns of DEM and their corresponding Deputy Counsel. So, I would like a motion for that? Motion to Amend: Ms. O’Hara moved to amend Bill 13, Draft 3, with the contents of Comm. 107.164. Seconded by Mr. Kanuha. CHR. POINDEXTER: So discussion Council Member O’Hara, on the amendment. MS. OʼHARA: Well, as I said before, I have more discussion but given the time constraints that Mr. Chung is under, I’m going to allow him to speak first and then I would ask for the floor back. CHR. POINDEXTER: Okay, Council Member Chung. MR. CHUNG: Maybe if she can, you know, go through all she wants to say because I can stay until about maybe 12:45. CHR. POINDEXTER: Okay, Council Member O’Hara. Page 7 Hawaiʻi County Council-21 September 7, 2017 MS. OʼHARA: Okay, well as I said, this has been vetted thoroughly as this point with the reviews by our LRB (Legislative Research Branch), reviews by Corporation Counsel, and the Deputy Corporation Counsel assigned to DEM. It’s also been vetted by DEM, as well as the Environmental Management Commission. And as for hearing in testimony, I’m going to guess, 98 percent of the testimony has been in support of this bill. It is a first step. It’s not a complete measure in completely eradicating all types of polystyrene from our waste stream, but it is a first step because the take out containers do represent a problem in terms of roadside litter and just litter in general. We had a recommendation from one of the firms opposing this measure that the best way to deal with this would be to legislate against littering. Now, I want to express that we’ve had on the books since I can virtually remember laws against littering in this County and we have never handed out a citation. Enforcement is expensive and the way this bill was written, as one other testifier mentioned, it will be more or less self-enforced by the public who will be calling the County to turn in vendors who are not complying with this bill. Our enforcement cost will be minimal compared to trying to enforce anti-littering laws and right now we have not been at all successful as a County in dealing with that. So, those are some of the points I would like to make about this bill in education to the enforcement elements that are written into this bill, DEM is going to be required to write administrative rules as to how they implement this. So, some of the things you might feel are missing from the bill as it reads now, will be the subject of those administrative rules, so. CHR. POINDEXTER: Council Member O’Hara, we’re on the Communication 107.164, then, we can go back to the main bill after we accept the communication. MS. OʼHARA: Well, those are the things we’ve changed in the enforcement and education elements. Mr. Chung wanted me to kind of expound on that, so I think I have and I’m fine with that. Thank you. CHR. POINDEXTER: Okay, so, on the amendment; Communication 107.164, any other discussion on that? Council Member Eoff. MS. EOFF: I’d just like to say thank you, to Ms. O’Hara, and the department for working on the structural changes to some of these sections. I think it reads a lot better now; more clear, so I appreciate the amendment and I’ll be supporting it. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you. I also just want to appreciate, Ms. O’Hara, for all the work that she has done on this. I’m looking—this is I think our third draft of this. Fourth draft of this, and from the beginning, I believe, she has gone above and beyond to address the concerns expressed by this Council. I remember first there were specific things that people were uncomfortable with so we created the ad hoc, brought it back to the Council, and then we were concerned about what Page 8 Hawaiʻi County Council-21 September 7, 2017 the commission might think; so she took it to the commission. We have a positive recommendation. She also took it to Corporation Counsel and the Director of the Environmental Management Department. So, I just think you have gone above and beyond, Ms. O’Hara. So, I just really appreciate you for that. Thank you. CHR. POINDEXTER: Thank you, on the amendment, any other discussion? Seeing or hearing none, all those in favor of amending Bill 13, Draft 3, with Communication number 107.164, say “aye.” Vote on Motion to The motion to amend Bill 13, Draft 3, with the contents of Amend: Comm. 107.164 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Now we’re back to the main bill, as amended. Council Member O’Hara. MS. OʼHARA: Well thank you, Chair, for giving me the floor again. I just ask everyone’s support for this, and open it up to the rest of the Council for comment. CHR. POINDEXTER: Council Member Chung, are you ready? Okay, thank you. MR. CHUNG: As some of you may or may not know, I was the subject of a local newspaper cartoon. It was me floating around in a bowl of Styrofoam in Hilo Bay, I’m presuming, with dead fish; couple turtles over there. The first thing my daughter said, was dad do you wear a watch? I said no, I don’t and, you know, so that was incorrect already. But, aside from that and aside from the fact that my kids are now calling me dad the fish killer, I wanted to thank Ms. O’Hara. This is really talking about the respect that each of us have on the Council. She called me up and said Aaron, you know, how are you doing? I didn’t have anything to do with that, you know. I said, Eileen, I know you didn’t have anything to do with that. I said, you know, me and my friends; my families, we’re having a big laugh about this thing actually. Then, Sue actually told me that, heh, it took you that long to get into a cartoon yet she was in office for only two months; she was in a cartoon. So you know me, I mean. But all kidding aside now, you know, I really wanted to write a view point on that, but because Mayor Kim did his Merrie Monarch thing, I felt more compelled to write about that and I kind of took all my view point time over there. So I’m going to say it right now and hopefully everyone Page 9 Hawaiʻi County Council-21 September 7, 2017 will understand, again, because this is about the fourth time that I’ve stated this. There are a lot of people who are environmentalist and they’re driven by it, and I understand that and many of them were here today. I think we’re all environmentalists in one way or another, but more than an environmentalist for me, I’m an attorney, okay, that’s what I am. And when I’m at home, although I like to think that I teach my children about the importance of protecting the environment, more than that, I always tells them these values I want you guys to adhere by; be fair and be honest. From there, you guys are on your own, but just be fair and honest. So these are things I preach, to my children, because that’s what I am. I am an attorney. We’re bound by the law, we’re bound by the sense of fairness, sometimes, you know, maybe not in the eyes of the public but that’s what we stand for. This bill, in my opinion, and I’ve stated it on many occasions is blatantly unfair, and it offends my sense of fairness actually, because it singles out a certain class of people and that’s the food vendors. It’s as if the food vendors are now joining me in that Styrofoam bowl cruising around in Hilo Bay, and being responsible for deaths of fish and turtles, birds, other wildlife, okay. That’s not true; it’s not fair. I told all of you on the floor at one time, that if this bill—first of all, I’m not a great fan of Styrofoam. I tolerate it, but am I protecting it, am I here to stand up and say no to the ban because I’m a protector of Styrofoam, no. If we have no Styrofoam in this world, I could care less; no skin off my back. And I told all of you, if you had a total absolute ban on Styrofoam, which prevented the sale of Styrofoam products in stores; Walmart, all the big corporate stores; Target, Costco, and banning all packing materials, which include Styrofoam for appliances as well, I said I will be more inclined to support something like that. Now I’m going to go on record right now and put you guys to task, anyone who is going to support this bill, I will vote in favor of a total ban of Styrofoam products on this Island just to show you that I’m putting my money where my mouth is, in terms of fairness. I just don’t like that we’re picking on food vendors, so we can have people going doing their benefit. Food sales; they can use Styrofoam. I think, I’m not too sure, I haven’t really digested all of the nuances of the various drafts that we did, but there are other exemptions. To me, you either go all or nothing. So I put you guys to the test right now, if you guys want to go for a total ban right now, I’m for it. Anything less though, I’m against, especially if it only singles out food vendors. The problem here and people have touched upon in tangentially, its education. It’s a sad commentary you know, that we are going to have to blame food vendors for littering. That’s on the people. As far as I’m concerned, littering is not even in my vocabulary, and I know it’s not in the vocabulary of my kids. So I don’t know where these litter—these things are coming from; it’s people with bad values quite frankly and they got to get educated. You know, we talked about Japan. I mean, some of us have been to Japan and people who are talking about waste management always use Japan. Japan, I told you guys, you Page 10 Hawaiʻi County Council-21 September 7, 2017 can’t use that as an example because they are all for the good of the people. Everything is for the good of the people. You walk around a train station—Val, you just went to Japan, you walk around a train station, you have less receptacles in that whole train station then you’re going to have on this whole County building. People are forced to hold their trash. I’m forced to hold my trash, looking for a place to throw it. It’s all education, it’s all a mindset. We’re barking up the wrong tree over here if we’re only focusing on food vendors. So, that’s my point. But again, as I said, you guys vote for a total ban I’m in, I pledge my vote right now. CHR. POINDEXTER: Thank you, okay, any other discussion? Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I’ve been struggling with this for a little while and, you know, we all hear about how we have to take one step; just one little step. My concern is this one little step is pushing us into a particular product and taking away choices. So, I appreciate what Mr. Chung is saying right now. That’s where it becomes unfair, is that we’re legislating a choice when I feel strongly that we should have all types of choices. We’ve heard from a lot of restaurant vendors today, and I’m very closely linked to one and we did, we made a personal choice, but we were given that opportunity to choose. My concern is that when we start legislating people’s choices, it’s like dictatorship. I’m going to not support this at this time, only because I want to continue the conversation about the bigger optics on this. I really think the State needs to step in and prohibit all the way across. We’re talking about importing stuff to refrigerators and microwave ovens, stereo, and big tvs; those things pollute the oceans and an environment just as much as a Styrofoam plate lunch, but a million times more, and that’s where I’m concerned. It’s not about killing fish, you know, all the other commentary. It’s about making sure that we have fair legislation and we’re not guiding people into a choice, because then we come up with boutique type legislation. I cannot support something like that, because then we’re going to start legislating, you know what, we only want this type of flower leis. We’re going to start legislating what type of cars; you guys can only buy fords. That’s the slippery slope that I’m concerned about. I am doing this to continue the conversation about how we come up with legislation that’s fair for everybody. You know, I teach my kids—closely linked to a restaurant that’s made the choice, and I’d like to see how we could actually provide more incentive type legislation. In the back of my mind right now, is we’ve had a lot of stick legislation. We raised real property tax. We had TAT (Transient Accommodations Tax), kind of shoved down our throat with the legislature. Those are all stick type of legislation, and I just want to do stuff that incentivizes people to make good choices so we can begin to shift the optics for future generations. Page 11 Hawaiʻi County Council-21 September 7, 2017 I really appreciated the kids today, what they were speaking about were absolutely right, but we got to incentivize that a little bit more. That’s where I’ll be standing on this, and again it’s about continuing a conversation to have better legislation that incentivizes good choices, not puts people in a corner with a stick. So, thank you. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you, Chair, and thank you, Mr. Chung. I was wondering what your comments were going to be and I see where you’re coming from as far as being fair; all or nothing on a complete ban. But if I can recall, I think that’s what the problem or the issues were when this first came out. At this point in time, I don’t think it’s possible to do a complete ban because what we’re trying to do is start somewhere in our little County to make an effort and maybe other counties down the road will see the good in this. While I appreciate what you are saying as all or nothing, I don’t feel like we’re at that point for banning Styrofoam entirely. I don’t like the word ban either, but I do appreciate the work that was done by the department of Environmental Management, the task force, and this body. I mean, I think we all can agree that this is not an easy decision and we have pros and cons that make sense on either side of the issue. So for me, I agree with incentivizing behavior, also. But, that to me, that issue is not a legislative issue. So what we have before us, in my mind, is something that was worked on very diligently by not only the introducer, but by an entire department, as well as a task force. So, I know not everybody is going to be happy because I know a few people that don’t support the Styrofoam ban, but I also know people that have restaurants on the Kona side that do not use Styrofoam by choice, so. For me, I believe, in appreciation for all the hard work and the difficult position that we’re put in, I’m standing by my support in this issue. You know if it doesn’t work, then we as the legislative body can take steps to either fix it down the road, so. For me I think, I appreciate everything that Aaron Chung says and also you, Ms. Lee Loy, but I want to state that I support the effort. Mahalo. CHR. POINDEXTER: Thank you. Council Member Eoff. MS. EOFF: Thank you, Madam Chair. I, too, will be supporting Bill 13, whichever draft; I guess it will be Draft 4. Like I said, I appreciate the work that’s gone into it. I’ve been a supporter of this from the last term, and while I know it’s a small step, it does make a big difference, and while we owe it to ourselves, to our Island, to the kids into the future to do whatever we can. Yes, bans are harsh, but we are elected and we have legislation in front of us. We each have to make a decision on it, we’re policy makers and this sets policy for our Island and for our State. We’re not the first to do this, and I think the reasons for not including more products into this legislation have been pointed out to us in the past and continue to be not possible at this time. So, I think as the time moves forward, we will be able to do more and more. There are more and more products available that are substituting products that are not environmentally friendly, and I Page 12 Hawaiʻi County Council-21 September 7, 2017 look forward to seeing what this new generation comes up with. But in the meantime, I’ll support the legislation before us. Mahalo. CHR. POINDEXTER: Thank you. Council Member Ruggles. MS. RUGGLES: Thank you. I just thought—also would like to add that in regards to doing a total ban on Styrofoam, I don’t know if we have the jurisdiction to do that, so I don’t know if that is a reason that justifies to not support any sort of mitigation measure against helping get a toxic product out of our environment and out of our bodies. I know that for this State, there are certain things like for the DOE (Department of Education). We don’t have authority over the DOE to get them to not use Styrofoam. And in the meanwhile, this piece of legislation is consistent to our Zero Waste policy, The General Plan, our Integrated Resource Management Plan, our motto, our Charter, and our Constitution. This is a responsible piece of legislation that takes a toxic product out of the environment and out of the food that we eat. It’s a step in the right direction, we still have a long way to go, and the fact that we can add to it in the future shouldn’t stop us from passing this now. I wholeheartedly support this bill. Thank you. CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: Thank you, Chair. I’m the Vice-Chair of the Environmental Management and I have to commend, Councilman O’Hara, for the work she has done on this bill. This has been an exercise and compromise going through the whole event. I do appreciate the work that’s been put in by everyone; members of the ad hoc committee. Chair, I do appreciate the fact that, I think, we did it the right way as far as taking it to ad hoc committee. We didn’t waste a lot of Council time, we took it to committee to work out the big differences; I think that in itself was a good thing for us as a Council as a whole. I sit up here and I’m listening to my colleagues, and I respect everybody here on the Council, and I agree with everything that’s been said on both sides of this argument. One of the big problems I had with their initial bill, and Council woman O’Hara will acknowledge that, is there were too many exemptions in there that wouldn’t support the exemption. So, Councilman Chung, I fully hear what you’re saying on the fact that I still am bothered by the fact that if we look at statistics, and that’s my background; science, we’re talking about less than one percent of a problem being removed by the environment. My fear is we’re going to congratulate ourselves but really haven’t accomplished all that much and that is my fear. That being said, I do think that doing something is better than doing nothing. So, this is a back and forth for me. I have constituents on both sides of this argument, and very passionate on both sides of the argument, but we have to move forward somehow. So at this point, I think I’m going to think a few more minutes and so I’m going to yield. Page 13 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Okay, any other comments on that first round on the bill, as amended? No, okay, Council Member O’Hara. MS. OʼHARA: Well, thank you. I expected we would still have some debate here on some of these issues. While I appreciate Mr. Chung’s stance on voting against all polystyrene, including rigid polystyrene, which is how it’s referred to and do realize there’s a difference between EPS (Expanded Polystyrene), which is your take out containers and rigid polystyrene. But, I think Ms. Ruggles brings up a good point. I don’t know that we have the jurisdiction to tell all manufacturers of products that are being shipped into the Big Island, such as refrigerators, and tv screens, and everything else that’s packed in rigid polystyrene that that’s not a go. It’s very hard to do a ban like that when you have an island State, because most of our cargo is brought into Honolulu and shipped to the outer islands from there. I’ve made this argument on various levels of legislation, such as creating a GMO (genetically modified organisms) labeling bill at the County level. I don’t see how this is possible for food manufacturers to comply. They ship in food, how would they designate that non-GMO products only go to the Big Island? It makes it very complicated. We would probably create a food desert if we tried to do something like that because they just wouldn’t comply. So, I don’t think it’s possible for us at this point in time to consider banning all polystyrene, great idea and I appreciate that you support that. I’m probably the only one on Council that has a waste management background— I mean a hands-on waste management background, being the County’s first recycling coordinator back in 2003. I can say from my experience, that the litter problem at that time was more extensive than it is even now. Why, because we were seeing cans and bottles thrown on the sides of the roads. What did we do to incentivize that; we created the HI-5 Program. While Hi-5 bottles and cans and glass beverage containers only constitute less than two percent of what goes in the landfill, the overall reduction was much more than that. During the three years I was recycling coordinator; 2003 to 2006, we went from a seven percent diversion rate up to a 27 percent diversion rate. So, the Hi-Five Program I use is an education element. It was a small step, but it allowed us to educate the public about recycling—and cardboard and other glass, et cetera, and I see this one small step in the same manner. It’s educating the public about the dangers of polystyrene. We’ve already seen industry response. This is a new type of egg container; now we’ve exempted egg containers. Thank you, Mr. Richards. That was a request that came from our ad hoc. But in reality, the industries have responded. This is number one plastic. We can recycle—easily recycle number ones, twos, and fives. We already do so, on this island. Ms. Lee Loy, you brought up the fact that we’re driving people to a single choice; that is not only the case at all. There is not only paper ware, there is plastic ware that is recyclable, there’s paper ware Page 14 Hawaiʻi County Council-21 September 7, 2017 that is disposable and compostable. So, there are all kinds of different products that are coming to the market place. I noticed at—Senator Ruderman is here and I noticed that his store Island naturals, they’re not any longer serving fresh meat on Styrofoam trays with the little diapy thing; they’re now packaged in big—bags that are zip locked and you can still see your meat through the plastic. So the industry is responding and being innovative, and we’re sending a message by doing this. Hundreds of cities and counties across the nation, most of them on coastal areas, have already banned—done limited polystyrene bans like we’re considering here. Maui passed one in June. I think this is a step in the right direction. It isn’t a big financial impact any longer as has been pointed out by store owners and restaurant owners, et cetera. There are good options out there currently. So it’s not like we’re driving people and telling them they can only wear, you know, a white jacket. No, it’s not that simple. There are still lots of choices out there. So, I think that this bill will take us in the right direction. We may need to go further in the future, but some of that might happen at the State level and let’s hope that it does. So that is where we’re at. Thank you. CHR. POINDEXTER: Thank you, any other discussion? Council Member Chung. MR. CHUNG: Thank you. I just wanted to respond to some of the comments made. They basically relate to my suggestion of a total ban. Yeah, of course, there are jurisdictional concerns, but this Council voted for a GMO ban. I think I publicly stated, and I want here at the time, but I did publicly state that thing was certainly going to raise jurisdictional problems. And it did, right? Ultimately it was, you know, struck down by not one court, but two. So it’s not like this body should be afraid of doing things only because it might raise jurisdictional concerns, unless we learn from the exercise. Now, that I cannot argue already, but, you know, if we’re going to argue jurisdiction, that means we’re letting off the hook a big number of the potential violators. We, still again, singling out only a small group, because even for those guys; the restaurant people and I’m not going to deal with the trash part, just the littering. Even for those people who purchase polystyrene containers at restaurants or other foodservice places, how many of those things will actually become litter, really? They got trashcans, receptacles, and these people take them home. What are they going to do, throw them outside of their house? They are throwing them away, it’s just people may be going to the beach, possibly. Even within that context, I think it’s a small fraction of it might have blown away or something. I mean. I can see you guys want to make a small step. First of all, don’t get me wrong. I know this thing is going to pass today; right? I understand that, but I just want to make sure my position is clear on this thing and that there are other ways of looking at it and not just one. I have a hard time stomaching this jurisdictional argument, so we let off the hook all the big corporations and we pick on the little guys. And really, I’m going to go so far as Page 15 Hawaiʻi County Council-21 September 7, 2017 to say, this is really a local food issue. All the guys you guys are hitting are people who have established businesses for over maybe 30 years, 40 years, some of them. Okay, they may respond, I mean, if you give them time, they may respond to these new innovations that they have. Why don’t you try educating them and give them a chance? They might respond. I just emailed a person last night actually, who was in favor of the ban, and that person said that they don’t patronize the businesses that use polystyrene. I said terrific and I made this quote, “that is, and then in parenthesis I said or maybe was, the American way.” You know, nowadays we try to do it by legislation; we force people to do certain things. Why does it get so heavy-handed on this small class of guys who are just trying to make a go, who have come to us, and actually, I think, don’t want to come here anymore because they figure maybe it’s a waste of time because nobody is listening to them. But I respect all of you. And I know I’m on the losing side, but I just wanted to say that. Thank you. CHR. POINDEXTER: Thank you, Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. I speak in support of this, and I do want to thank, Ms. O’Hara, for doing it the right way. I think we did go ahead and do this the right way as in going into the ad hoc, and definitely sending it back down to the Environmental Management Commission and to the Director for comments and considerations of what we were doing. I thought that was a really important aspect of this bill and how we move forward with the lessening use of polystyrene. So, I don’t have anything too much to say because we have talked so much about it already, but I do want to appreciate being on the Ad Hoc Committee and working through some of the issues that we had and that we faced, and coming out with something that is acceptable to me to vote for. I do agree that we had issues the last time when we brought this up about completing banning this and we had certain individuals saying there were jurisdictional issues about that. I have no idea. I’m not going to bark down that tree, but I think doing something is better than doing nothing, especially with this one. And my constituents agree. So, I’m going to be voting in favor of this, and hopefully not spending years on this again. But, hopefully, the department comes out with some reasonable administrative rules that are acceptable to them and making it easier for them to enforce this law, so. Thank you. CHR. POINDEXTER: Thank you, Council Member Ruggles. MS. RUGGLES: Thank you. I just wanted to comment on some of the things that were just said. I believe last term a few Council Members instead of voting for the ban, created an Ad Hoc Committee focused on education specifically for Styrofoam, because they thought that was the more appropriate way of doing it. I think it was led by Council Member, at time, Greggor Ilagan and Daniel Paleka. So, I think we have gone down that path and that I’m just curious. I don’t think it would be smart to go ahead with legislation that we’re not sure we have Page 16 Hawaiʻi County Council-21 September 7, 2017 jurisdiction for, and then be challenged and have all of that time be used for nothing and not be effective in any way. So, that is why I think this is the most appropriate way to go about this. It is a step in the right direction, and I really appreciate the Council Members who have addressed or have made their concerns known and was open to having them addressed. So, thank you. CHR. POINDEXTER: Thank you, Council Member Lee Loy. MS. LEE LOY: Thank you. Thank you, to my colleagues. I do appreciate everything that is being talked about right here, right now. And I just want to touch real lightly upon the jurisdictional issue, because I remember Senator Ruderman sitting here, and with some form of tongue-in-cheek, I said we often get unfunded mandates from the State. So, it would be real interesting to see if we did it back the other way? So I just wanted to share that. Clearly we have a movement, and I clearly hear loud and clear. It’s one small step in the right direction. But, again, I think there is a bigger conversation and a bigger need to address our litter and what is being kind of coming to our Island-State and that is why I’m actually saying no, because I want to continue that conversation about that bigger chunk of trash that really needs to be addressed. You know, my district has been carrying that load for a long time, so I don’t want people to lose sight of that. It is a wonderful first step, but we got to get to the bigger issues. So, thank you and I yield. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you, Chair. I will be really short. I’m not sure, Ms. O’Hara, if I thanked you on my first-round, but I just wanted—I didn’t want to not say thank you for all your efforts in this piece of legislation. Finally, I do want to make note that this ordinance doesn’t take effect until July 2019. So I think we have enough time to educate ourselves within that period of time, and kind of address that issue. So, thank you for allowing for that also. I yield and I will support this. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Just a real quick follow up to Councilwoman Lee Loy’s comment. This is about solid waste management and this bill doesn’t truly affect any of that at all. We have got a bigger problem to deal with, so I just wanted to echo that. Thank you, I yield. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: I just wanted to respond to the fact that yes, this timeline is effective on July 1, 2019. And the reason for that, as many may not understand, this bill tasks the Department of Environmental Management not only with Page 17 Hawaiʻi County Council-21 September 7, 2017 developing administrative rules for the enforcement element, but also developing an education program. And both of those things take time, and in terms of the education; I’m sure, money. And so they have to be able to budget for that, and you know how our budget process works? The departments, as of next month, will be in the process of developing their budgets for ‘18-19. So, we have to think far enough out to not put undue financial pressure on the department. Director Kucharski is applauding that. That is why we rolled back the timeline, to make that available. CHR. POINDEXTER: Thank you. Seeing no lights now, I guess I get to just chime in a little bit before we close, but I am supporting this because I do believe, too, it’s a step in the right direction. If we look back at history and the plastic bag ban, and at that time, the grocery stores felt we were targeting them as well. But if we look forward now—fast forward, how wonderful the things that they’ve come up with the grocery store to replace that, they have the paper bags and then they sell these wonderful bags that we like to carry in our car and see who has the nicest bag now. So we’re chipping away at it. It’s unfortunate that we have to create laws to do it, because I agree with even Council Member Chung when it talks about it’s a trash, it’s our responsibility, you know. When we go to the stores or go to the fast-food restaurants we take these containers. What do we do with it? That is where the problem lies, a big problem. However, like the plastic bag ban, if that was a way to start a small way to chip away at it and now we have until 2019, we can start education in the schools, we can start doing that. But it’s a good impact, even if it’s a small impact; it’s a positive impact in the right direction for our environment. So, I’m supporting this. At this time, I guess I better take roll call on this, Mr. Clerk. Vote on Bill 13: The motion to pass Bill 13, Draft 3, as amended, on first reading (Draft 3) and adopt Environmental Management Committee Report No. 1 (Approved) was carried by the following roll call vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: Council Members Chung and Lee Loy – 2. Absent: None. Excused: None. (Note: Mr. Richards voted “kānalua” then “aye.”) CHR. POINDEXTER: Okay, so if we can move now to the top of the Order of Resolutions? Mr. Clerk, Resolution 250-17. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 18 Hawaiʻi County Council-21 September 7, 2017 ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 250-17: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH CYANOTECH CORPORATION TO ALLOW ACCESS TO THE KEALAKEHE WASTEWATER TREATMENT PLANT FOR THE HABITAT CONSERVATION OF HAWAIIAN STILTS AND HAWAIIAN COOTS Would allow for a three-year access agreement with Cyanotech Corporation so that it may perform predator control, as an effort to support the recovery of these endangered waterbirds. Reference: Comm. 382 Intr. by: Ms. Eoff Approve: EMC-3 (Note: Comm. 382.2, from Council Member Eileen O’Hara dated September 7, 2017, transmitting proposed amendments to Res. 250-17 was circulated.) Motion to Approve: Ms. Eoff moved to adopt Res. 250-17 and Environmental Management Committee Report No. 3. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you. I would like to ask Scott, who’s been waiting very patiently in Kona, if he wanted to come back to the table to explain a little bit what he had commented on earlier. Then, I also see Communication 382.2, from Ms. O’Hara which I’m happy to see, but we can get to that after he gives us a little bit more information. Thank you. Sir, could you introduce yourself one more time? (Note: At this time, Biologist and Owner of Hoōʻomalu Scott Waddington came forward to address the members of the Council.) MR. WADDINGTON: Yes, my name is Scott Waddington. I am a biologist, here in Kona. I am sub-contracted by the County of Hawai‘i to work at the Wastewater Treatment Plant. Currently I’m at the aeration upgrade and sludge removal project. The Cyanotech’s Conservation Plan contracting with Cyanotech overseeing their Habitat Conservation Plan and incidental take permits. And part of that is to provide off-site mitigation for the Conservation Plan and the incidental take permits with the majority of water birds migratory and endangered alike residing at the Wastewater Treatment Plant here in Kona. It makes it a good opportunity to conduct mitigation work there. Page 19 Hawaiʻi County Council-21 September 7, 2017 MS. EOFF: Okay. We also have Director Kucharski here, but yeah, all of us received quite a few emails from concerned people that there was going to be an inhumane process in order to cut down on the feral cats, mongoose, and other predatory birds in doing this, but I realize that this reso is basically just the right of entry and to enter into this agreement. But, because of that concern, I would like to either allow Ms. O’Hara to introduce her amendment or have you address—I know you weren’t set in the process for mitigation and you’re totally open as is the director to working with whatever advocacy groups are out there, to make sure that we do everything in a very humane manner. So, Mr. Kucharski, would you like to address that, too, before Ms. O’Hara introduces her amendment? (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. KUCHARSKI: Yes, Bill Kucharski, Director of DEM (Department of Environmental Management). The issue that we have is one of complying with Federal law. Our primary need is to protect endangered species from any predator that might kill them, and that is the primary goal of this. I would add that Cyanotech has not reached a full agreement with fish and wildlife. My understanding on providing this service, and that they are providing Scott Waddington’s services to us at their cost. And one thing is if we get too complicated with the trapping, then that support may not happen, and that is one risk, I would just like to pull out. I would say that we have—there is no desire on anyone’s part to harm another animal. But primarily, we need to, and we have an obligation under endangered species act to protect by whatever means we can those species that are endangered, which are the Hawaiian coot and stilt. So, that is the primary goal of all of these activities. MS. EOFF: Thank you very much. I’d like to yield to Ms. O’Hara, at this time. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: Thank you. I understand from Dr. Waddington that what we were presented at the last meeting, that Ms. Noda helped us with understanding was a proposal for how this mitigation might be achieved. And I realize that the resolution is regarding right of entry. Yet, we have heard from many of the animal advocate groups on the island and individuals with concern because—and I will explain it to Scott. I’m sure he figured it out, but in the reference to the mitigation, we have three species that need to be dealt with in order to maintain the breeding grounds for the stilts and the coots and that is the mongoose, feral cats, and the egrets. And in trapping for the mongoose, I believe you are using live kill traps on the perimeter of the property and it was stated that the ratio of catch was 13:1, meaning out of over 14 animals caught ones was a feral cat. And this would be a fatal event for that feral cat. This is probably the most—the issue Page 20 Hawaiʻi County Council-21 September 7, 2017 of greatest concern, as well as the humanitarian elimination of some of the other animals; the egrets and what not. I understand the threat they pose, but what I am offering up as an amendment is to require that Cyanotech collaborate with local animal advocacy groups in developing and implementing best practices for protecting Hawaiian stilts and Hawaiian coots and for the humane treatment of pests and predators. So, I would like to move to amend Resolution 250-17 with Communication number 382.2, which I believe everybody just received in front of them. It’s a short addition to that resolution. CHR. POINDEXTER: Do we have a second? MS. LEE LOY: Second. Motion to Amend: Ms. O’Hara moved to amend Resolution 250-17, with the contents of Comm. 382.2. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: Okay, so I’m hoping that this language will be sufficient in bringing together the community in terms of providing good recommendations for this mitigation strategy that is developed, since what I understood from Dr. Waddington is it’s still under development. While he did refer to getting feedback and input from our State agencies for wildlife management and other agencies, that does not provide for the public input. So by allowing local animal advocacy groups to be part of that planning process, and I believe we have an overarching animal advocacy group that represents somewhere between seven and nine groups that are on island. We have groups on the west side as well as on the east side. I think this would be an appropriate way to engage the public and allow them to address their concerns. I yield. CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: Thank you, Chair. Coming back, director, you made a comment that if the process is too cumbersome we may actually lose the funding and the support for protecting endangered species. Would something like this in your estimation be too cumbersome? I don’t want to get too many chefs in the kitchen as far as how this comes along. I can understand developing plans, but then implementing, if too many people are making decisions we may not get any decisions made, so I’d like to hear your comments please. I would like to hear from you again. MR. KUCHARSKI: Yes, again, Bill Kucharski. The concern I have is I think the resolution talks about a cooperative effort but there’s no decision mechanism in there, if there is a disagreement between the advocacy groups and what is considered good practice. How do you mitigate that? Who makes the final Page 21 Hawaiʻi County Council-21 September 7, 2017 decision? And so long as our wildlife expert, who does this as a profession, can come up and modify a plan so that the live traps are humane and all of that type of situation. And I don’t want to speak for Scott, I’m—just for the process, there needs to be within that if there’s a cooperative agreement, there needs to be a final decision maker when there are conflicting desires. And if that’s in there and it’s in with the professional, then I think having that input would be good and supportive. MR. RICHARDS: Follow-up. Is that okay? Okay, so yeah, I completely agree with getting the input from people and bringing everybody to the table to get input. But, I also agree with having someone make the final decision, and I would like to hear from my colleagues on this. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I heard loud and clear through testimony today that there was possibly a better opportunity, or better way to do this. I just don’t want to step on the toes of the endangered species that we actually really are trying to protect. And I’m just trying to find the balance, and if I’m hearing you correct, Mr. Kucharski, is this enough balance between addressing a humane way of looking at, but still maintaining the business decision to just continue to move forward as it pertains to the real goal, which is protecting the endangered species? MR. KUCHARSKI: I’m not a wildlife biologist, and so, speaking from opinion not from training, but it’s my belief that these animals can be trapped. They’re not going to like it, but they would not be killed within the traps. My understanding, they were live traps. What happens to the animals after they’re trapped is something that I can address. But whatever is done, our issue is that they cannot remain in the area of the endangered species. What happens to them afterwards, if other groups want to take custody and deal with them, I can’t see anything that would inhibit that from a occurring, but, again, we need to remove the predators from the area of the birds and once that’s done, that is the goal. What happens after they’re removed, I’m open to whatever anyone else wants to do. MS. LEE LOY: Thank you for that because really that is the primary purpose, is the area that needs the protection and after that, you know, we can look at other best practices or other alternatives. Okay, thank you and I can support that. CHR. POINDEXTER: Okay, thank you. Council Member David. MS. DAVID: Aloha, director. Thank you, Chair. Is there a timeline that you folks need to get this resolution and the right-of-entry that you’re under? Say you have to complete this? Page 22 Hawaiʻi County Council-21 September 7, 2017 MR. KUCHARSKI: Well, we have to provide the services I believe, and maybe Scott can chime in that the primary breeding season for these species has passed. I thought it was April to August, somewhere in there. And so if they are no longer in the breeding site or no longer there, there may be less need. But so long as there are any of the birds on the site, we have an obligation to protect them, if they are on our property. So I can’t speak to what exactly whether it’s, you know, the nesting is obviously a critical time. But if they are there and just living and not breeding and nesting, we still have the obligation to protect. MS. DAVID: And that’s what I’m getting at on the proposed amendment, collaborating with local animal advocacy groups. I mean, who are these groups? I mean I’m not sure how it will work into your operation? If removal, the best practice is that you have to meet with groups. It doesn’t identify groups or specifies who you have to work with? Local advocacy groups can be, you know, ten or more groups. I’m not sure, so. MR. KUCHARSKI: I would also say, fish and wildlife have to deal with the appropriateness of the whole system, and they have metrics that they need to measure as far as how adequate and appropriate the whole process is of predator- control. And so there are a number of dynamics that run in, but for right now, if there is no right-of-entry, then the workers at the plant will have to do whatever they can as being untrained in that skill to process and protect any of the birds that are there. MS. DAVID: Thank you, I understand. Thank you for that and so, with respect to the amendment, what’s your position on the amendment? MR. KUCHARSKI: I appreciate the desire to come up with ensure that any animals that are captured are dealt with humanely. I think the language is a little loose in that it doesn’t provide a process, it doesn’t provide the groups. I can say that we would be happy to consult with groups as part of the process, formalizing it. I’m not sure how that mechanism would work, and every hour in with that is an hour that is not being done protecting the birds and the species. MS. DAVID: Right and that is the question on the timeline. So without this amendment, would the resolution as drafted, would you be implementing those safe practices and humane removal? Or would the person in charge, Mr. Waddington. MR. KUCHARSKI: We have trapping going on and, again, forgive me I don’t know what the status is now that the breeding season, as I understand, is at an end. But, these traps are checked and Scott knows when they are checked and can give you the details on that. There will be some form of predator control going on whether he has right-of-entry or not. We have that obligation to protect and to maintain the predators from the area of where the birds have habitat. Page 23 Hawaiʻi County Council-21 September 7, 2017 MS. DAVID: Yes. I like the idea of collaborating with the advocacy groups, and I just don’t know how you are going to implement that with something that is so broadly stated with no specifics? And then still do your job, because we’re under—you’re under some time restraints, so. Anyway, that’s my comments. I will yield for now. CHR. POINDEXTER: Okay, Council Member O’Hara. I’m sorry, oh yeah, go ahead because Karen did go. I was just trying to fair on the first round, so go ahead, sorry about that. MS. O’HARA: That is okay, thanks. I think Ms. David just came up with it. All this—this is a resolution. So going into the kind of depth that you are talking about in terms of the process, it generally doesn’t occur in something has broad as this resolution, which is about right-of-entry. And for us to compel Cyanotech one way or the other, we can’t push too hard. We’re just asking that they collaborate. I think that a means to collaborate can easily be found, because the people who want that collaboration to happen will find you. I can guaranty. And it should not be that difficult. I worked with these groups and they do now how to organize and they do know how to allocate to representatives. So it would probably be only two or three individuals who will end up participating, because they have a good network in which they communicate. One of the big concerns that they are approaching not only is the method of capture, but what happens to say the feral cats afterwards? In the proposal, Scott alluded to working with humane society. Humane society has been before us, and they are not as open to dealing with the feral feline population as are some of the animal advocacy groups. So they may be able to take over that connection rather than just using the humane society. As our veterinarian, resident veterinarian just pointed out, if they do so and neuter and spay the caught felines, they will have to understand or they will have to agree if they take a position there, they cannot release them in any area that they could return to the location. Because the whole point is creating a safe haven for the stilts and coots, who I’m sorry have been forced into the wastewater lagoons as the only wetland on the west side that remains open to the birds. But, we have eradicated a lot of our wetlands on the west side of the island, and as unfortunate as it sounds they seem to be happy nesting and breeding there, so. Let’s try and affect this in the best manner possible for all the different populations human and animal. And I think we can do that with very simple language. Thank you. CHR. POINDEXTER: Thank you. Council Member Eoff. MS. EOFF: Thank you. I would just like to ask Scott, as well, if he has had a chance to look at the proposed language? Another whereas would be added, and maybe Ms. O’Hara, if you could just state where that would—I can see it maybe before the second to the last and the last whereas? We didn’t get that one, so I’m just assuming it would go before the last whereas. Page 24 Hawaiʻi County Council-21 September 7, 2017 MS. RUGGLES: We do have it here. It’s Communication 382.2. MS. EOFF: I have point two but I only have one page. It doesn’t say. MS. O’HARA: We’re implementing, excuse me, a Habitat Conservation plan for the Hawaiian stilts and coots. It comes directly after that whereas, one, two, three, four—after the fourth whereas. MS. EOFF: Okay, and would you like to add any comments, Scott? If this you think would hinder or help your efforts? MR. WADDINGTON: I don’t see that it would add any issues to it. I think that probably dealing with the advocacy groups could be coordinated through the Humane Society. Just put things in perspective, off and on for over the last 12 years, the State Division of Forestry and Wildlife has funded predator control at Kealakehe Wastewater Treatment Plant, and probably a total of about six years, total time of trapping and out of those six years, I caught seven cats. So it’s not like there is a lot of cats there. Five of the cats were obviously abandoned pets. One of them was a kitten that one of the treatment staff members immediately adopted. And the last one was, in fact, a feral cat but all the cats with the exception of kitten were taken to the Humane Society, where they were fed and adopted out. MS. EOFF: I appreciate those efforts, and that statistic. I think that helps clear up a lot of the concerns that we have received. And I would like to go ahead and not take too much time here unless someone else has something to add? But, I’ll yield. I’m ready to vote on amendment, but I think Mr. Kanuha has his light on. CHR. POINDEXTER: Okay, on the amendment or you want to wait until the main bill? MR. KANUHA: Yes, on the amendment. CHR. POINDEXTER: Okay, Council Member Kanuha. MR. KANUHA: Thank you. I think that was the point I was going to bring up. I don’t think this hurts. I think it shows a good will towards the members of the community. It’s a resolution. We’re authorizing right-of-entry or to get into negotiations for right-of-entry. I think this did get blown way out of proportion from what it’s actually trying to do. This needs to be done, but I think it’s great that we collaborate with each other. So to that point I’m going support this and I think we can try to dispel some misinformation that has been going around in the community in the meantime. But I will support this amendment. CHR. POINDEXTER: Okay, thank you, any other discussion? Page 25 Hawaiʻi County Council-21 September 7, 2017 MR. HENRICKS: Can I just ask before you call for the vote that for the record you please indicate where this—again, I didn’t quite get it where this clause would be inserted in the resolution, as it’s not indicated in the amendment? CHR. POINDEXTER: Oh, yeah, and I think—okay. I think because it got fast- tracked and didn’t go through our Legislative Research Branch, I think there’s some information that Legislative Research Branch could have provided like where we put this in the amendment, correct? MR. HENRICKS: Well, regardless, we just want to exercise discretion and if we could just get some direction from the Council, or the drafter, where this is intended. I heard, but it wasn’t quite clear. It was kind of a conversation. So, if the Chair could state for the record where the clause would be inserted that would be helpful for everybody. Thank you. CHR. POINDEXTER: Okay. So, this clause will be stated on the one, two, three, four—after the fourth whereas. MR. HENRICKS: Thank you, Madam Chair. CHR. POINDEXTER: Thank you and sorry about that, we’ll try to make sure that we get it to the Legislative Research Branch so that these kinds of things don’t come up. Anyway, okay so, on the amendment, Communication 382.2, Resolution 250-17 as amended with communication—oh, no, we didn’t vote on the amendment. We’re voting on the amendment now right? Sorry about that. Communication 382.2, all those in favor say “aye.” Vote on Motion to The motion to amend Res. 250-17, with the contents of Amend: Comm. 382.2 was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: We have eight ayes, one excused. Now we’re back to Resolution 250-17, as amended with Communication 382.2. Is there any discussion on that? Council Member Kanuha. MR. HENRICKS: Well, I’m sorry. We would just need a motion to suspend the rules to continue with conversation on this resolution as we just adopted or excuse me, just amended substantially. Page 26 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: It’s been moved by Council Member Richards and seconded by Council Member Eoff to suspend the rules as this is a significant amendment, so that we can move to continue to speak about it. All those in favor of suspending the ruling say “aye.” Motion to Suspend Mr. Richards moved to suspend Council Rules 24 to waive Council Rules: the holdover for amendment of Res. 250-17. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: We have eight ayes and one excused. Now we’re back to Resolution 250-17, as amended with Communication 382.2. Council Member Eoff. MS. EOFF: I’m just going to say thank you, to Scott, for his efforts and thank you, to Cyanotech for helping us out with the financial side of it, and to the department for the work you’ve done, as well. And I look forward to hearing the results and I’m sure our constituents who were concerned will have some of their concerns alleviated by adding this amended version. Thank you. CHR. POINDEXTER: Any other discussion? Seeing or hearing, oh, Council Member Kanuha. MR. KANUHA: Thank you. I am also in support. I think it is incumbent upon us as a government body to use best practices, humane treatment of anything that we’re trying to do, especially getting rid of pests and predators that do have an impact on endangered species, which we are federally required to do. We can get into big trouble if we don’t. But, thank you for agreeing to use the best practices, and, yeah, thank you. Page 27 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 250-17: The motion to adopt Res. 250-17, as amended, and adopt (Adopted) Environmental Management Committee Report No. 3 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, we move to Resolution 253-17. Res. 253-17: URGES THE MAYOR AND THE DIRECTOR OF PARKS AND RECREATION TO EXPEDITE THE CONSTRUCTION OF A SKATE PARK FACILITY IN THE SOUTH HILO DISTRICT Supports a collaborative effort between the County and the Hilo Skateplaza Coalition, a 501(c)(3) nonprofit corporation, which is willing to share costs, donate materials and labor, and provide design specifications to develop this public facility. Reference: Comm. 385 Intr. by: Ms. Lee Loy Approve: PWPRC-23 Motion to approve: Ms. Lee Loy moved to adopt Res. 253-17 and adopt Public Works and Parks and Recreation Committee Report No. 23. Seconded by Ms. Ruggles. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I continue to urge the support of my colleagues. Thank you. CHR. POINDEXTER: Thank you, any other discussion or questions? Seeing or hearing none, all those in favor say “aye.” Page 28 Hawaiʻi County Council-21 September 7, 2017 Vote on Res. 253-17: Ms. Lee Loy moved to adopt Res. 253-17 and adopt Public (Adopted) Works and Parks and Recreation Committee Report No. 23. Seconded by Ms. Ruggles and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Richards – 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 254-17. Res. 254-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I The agreement would provide $25,000 from the Department of Research and Development to the University of Hawai‘i to fund its Building Private Sector Capacity to Control Little Fire Ants in Hawai‘i County project. Reference: Comm. 391 Intr. by: Ms. David (B/R) Approve: FC-35 CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you, Chair, just ask for your continued support, mahalo. Motion to approve: Ms. David moved to adopt Res. 254-17 and adopt Finance Committee Report No. 35. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, now ditto, I just ask for your continued support, mahalo. Page 29 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye Vote on Res. 254-17: Ms. David moved to adopt Res. 254-17 and adopt Finance (Adopted) Committee Report No. 35. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Richards – 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, 256-17. Res. 256-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST WITH EXPENSES ASSOCIATED WITH A RAT LUNG WORM DISEASE PREVENTION AND AWARENESS EVENT IN KAPOHO Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Hawaiʻi County Resource Center account. Reference: Comm. 394 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 256-17. Seconded by Ms. Ruggles. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: I ask for your support. We heard from Smiley Burrows, who was the main organizer of the event, as well as Rene Siracusa from Malama O Puna. th The event occurred on August 26, it was very well attended and achieved its goal of education, and dissemination of free rat traps and other information. It was a wonderful concert with Arlito Arkangel, and we were blessed with some great hula as well, so. It was a wonderful event and I just ask for your support. Page 30 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 256-17: The motion to adopt Res. 256-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Okay, Mr. Clerk, Resolution 257-17. Res. 257-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA HALE O NA KEIKI INC., FOR ITS EDUCATIONAL FIELD TRIPS Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 397 Intr. by: Ms. Poindexter Motion to Approve: Ms. Eoff moved to adopt Res. 257-17. Seconded by Ms. David. CHR. POINDEXTER: Does anyone have discussion? I just want to say that it’s pretty self-explanatory. I ask for your support, any questions? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 257-17: The motion to adopt Res. 257-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 258-17. Page 31 Hawaiʻi County Council-21 September 7, 2017 Res. 258-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH PROVIDING PUBLIC SAFETY AT THE KWXX HO‘OLAULE‘A Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 398 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 258-17. Seconded by Ms. David. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair, and I do want to thank, I know other Council Members will be supporting this Ho‘olaule‘a program. And I just have to share that in the past, they received grant monies from the Mayor’s Office and for whatever reason, it didn’t happen this year. That’s why we’re stepping in as colleagues to continue this public program, you know, there’s a few things going on over at the Mayor’s Office that I’m really not understanding and why there’s certain community events that are kind of falling by the waist side. But, I do urge your folks support. So, thank you. CHR. POINDEXTER: Thank you, any other questions or discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 258-17: The motion to adopt Res. 258-17 was carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 259-17. Page 32 Hawaiʻi County Council-21 September 7, 2017 Res. 259-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE DEPARTMENT OF PARKS AND RECREATION FOR EXPENSES RELATED TO THE QUEEN LILI‘UOKALANI FESTIVAL Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 399 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 259-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I ask for your support. This is a wonderful community event. It goes on every year, and this one’s a little more special because we are celebrating 100 years at the park, so. Thank you. CHR. POINDEXTER: Seeing or hearing no other—discussion, all those in favor say “aye.” Vote on Res. 259-17: The motion to adopt Res. 259-17 was carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 262-17. Page 33 Hawaiʻi County Council-21 September 7, 2017 Res. 262-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE FINANCE DEPARTMENT Authorizes the Mayor to enter into a five-year lease for one copier to be used by the department’s Vehicle Registration and Licensing Division at its Hilo registration branch. Reference: Comm. 408 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 262-17. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is pretty self-explanatory and it was asked to be waived because it was already budgeted for, so. I ask for your support. CHR. POINDEXTER: Okay, any questions? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 262-17: The motion to adopt Res. 262-17 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 263-17. Res. 263-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE FOR COASTAL MANAGEMENT The agreement with the Department of Public Works would be used for the collection and processing of digital geographic data for Hawai‘i Island. Reference: Comm. 409 Intr. by: Ms. David (B/R) Waived: FC Page 34 Hawaiʻi County Council-21 September 7, 2017 Motion to Approve: Ms. David moved to adopt Res. 263-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: I believe Aaron Brown is here, if anyone has any questions regarding this matter. Otherwise, I just ask for your support. CHR. POINDEXTER: Okay, any questions? Okay, Council Member Richards. MR. RICHARDS: Didn’t want you to come to the party without a dance. (Note: At this time, Public Works Business Manager Aaron Brown came forward to address the members of the Council.) MR. BROWN: Aloha, Aaron Brown, Business Manager of Public Works. MR. RICHARDS: Thank you, Mr. Brown. Just a real quick question—a gathering on this will be shared with other departments? MR. BROWN: Yes. It’s actually an agreement between multiple intergovernmental agencies. We’re pitching in for the project and all the data that we collect we can share with all the departments. MR. RICHARDS: And the plan is to share? MR. BROWN: Yes. MR. RICHARDS: Okay, thank you, I yield. CHR. POINDEXTER: Any other questions? Council Member Kanuha. MR. KANUHA: Thank you. So, what type of data are you going to collect? MR. BROWN: It’s lidar (light detection and ranging) data, so I’ll put on my best engineering impression right now. It’s not very good, so bear with me. What they do is fly over with an airplane and they use a remote censoring method, where they shoot a beam down when they get up. It’s for measuring the topography in the ground and land, so. What we have right now is like a 20 to 30 year old system and we only can get, I believe, up to 20-foot intervals. So, we want to have a much more accurate way to study for planning, engineering projects, development, flood studies, things of that nature. MR. KANUHA: Didn’t we just get into an agreement with a different department, Police Department, about something—I don’t even know if it’s even Page 35 Hawaiʻi County Council-21 September 7, 2017 the same thing? I have no idea, but that was one of the questions we asked, how they’re going to use that data; fly a plane over, measure the topography, geography of the entire island. They entered into an agreement with another department to split the cost and we asked them how they are going to use or are they going to give that information to other departments, such as, you know, Finance for tax purposes to look at different properties. I don’t know if it’s the same thing, you don’t have to answer that, because it is a good chunk of money, and the one that we gave to the Police was another big chunk of money too, so. MR. BROWN: I’m not sure what theirs are for. I know, usually, to have these kind of studies done are pretty expensive and we do have very small patches of this type of lidar information already, but very small areas. So, this actually, I was told is a very reasonable deal, I guess, for the County in the terms of, basically, we get information for the entire island now. The total project is over 1.6 million dollars, we’re contributing just a hundred and fifty thousand, and we get access to data for the whole island. So, from what I was told, it’s a lot of bang for our buck here. I’m not sure if it’s the same or different from police. I’m not sure, you know, what they’re looking at. MR. KANUHA: That’s just a question I wanted to bring up, because my impression of the last thing that we did to support that last one is that all the different departments would use that data as well. That’s why I don’t know if this is something separate or a different type of—or maybe a different area, I don’t know, but it says it’s covering the entire Island of Hawai‘i. I just don’t want to do this twice and spend the double amount of money, so. That’s just a question I throw out to the Council. CHR. POINDEXTER: Okay, Council Member Ruggles. MS. RUGGLES: Thank you. I think what the difference was for the police, they were going to use this technology to get better pictures so they could locate addresses and residences more accurately. And, I think this one is more located for the coast. Is this only going to be used for the coastal areas? MR. BROWN: No, the entire island. It’s for mapping and doing a lot of— different flood study stuff and a lot of the—Brice wrote it down for me. I don’t know the official term, but basically the USGS (United States Geological Survey) maps that we use are 20 to 30-year old, so there is actually a lot of margin of error in those right now, versus the information we can get from the lidar study, which will be the entire island. So, then, that will help with both engineering, and building, and flood studies. That is just within DPW (Department of Public Works) and we’ll be sharing the information with whatever department around the entire County. Page 36 Hawaiʻi County Council-21 September 7, 2017 MS. RUGGLES: Thank you. So it does seem that there is some overlap in the purpose here. As part of—I feel our job as the Council is to keep track of these sort of things. So, I don’t know if we might want to consider looking at what we just authorized for the Police Department? Just to make sure that—because if this is something that we have already authorized and we have already paid for, that they can just share with your department, we’d hate to pay double for the same technology. CHR. POINDEXTER: Maybe we would want to call—if you want to table this and call Deanna Sako down to ask those questions. She’s not here and I’m sure she’s watching, so she may be running down at the very moment. MR. RICHARDS: Quick comment. CHR. POINDEXTER: Yes. Do you want to hold off until then. I know that Council Member O’Hara had the floor next. MR. RICHARDS: I think I know the difference from what he said. CHR. POINDEXTER: Council Member O’Hara, is it okay if I allow Council Member Richards? Okay, Council Member Richards, go ahead. MR. RICHARDS: I think between what Councilwoman Ruggles just said and what Mr. Brown said, the difference is we have photographs versus topographies. So we’re actually getting slopes, which is what the engineering wants. And that’s not necessarily what the police—so, I think its two different technologies that we’re seeking. I think, just from what I’m gathering. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you. I’m going to help Mr. Brown out. These are about contours, so with the lidar mapping, we get contour, so we understand slope and like he mentioned for our firm maps so we’ll see what the drainage ways look like. And so we can plan better. And these are, for lack of a better description, more 3-Dish, whereas, the Police Department were flat images. Just the, you know, over. But, Deanna can come and answer it. I’m really excited actually for the department, because I’m tired of looking at those old USGS maps. It’s getting boring. But, I also know that will enhance the layers that we have in our GIS system that the Planning Department uses. So, when we’re actually looking at zone changes, you know, and planning in general; building roads, those types of things, this information will go a very long way for us, so. Thank you. CHR. POINDEXTER: Can I just say one thing on that? I appreciate that because we know that since the demise of the sugar industry, we don’t know what happened to all the berms. What is going on to people that’s coming in and Page 37 Hawaiʻi County Council-21 September 7, 2017 removing those berms that should be in place to protect other communities, so this will definitely, yeah, a great tool for that. Thank you, Council Member Lee Loy. Do you have—Council Member Kanuha? MR. KANUHA: I mean, if that’s the case, then I don’t need to talk to anybody. I think, of course, we need these maps and I support the police because we know they needed those maps, and I’m okay. CHR. POINDEXTER: Okay, you guys are okay with moving forward? Okay, all those in favor say “aye.” Vote on Res. 263-17: The motion to adopt Res. 263-17 was carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Okay, Mr. Clerk, Resolution 264-17. Res. 264-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE DIGITAL MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease for one digital copier to be used by the department’s administration office of the Wastewater Division. Reference: Comm. 410 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 264-17. Seconded by Ms. O’Hara. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you, and I’m really—I think this is very self-explanatory, but Director Kucharski is here to—I’m sure you need this copier very badly, if you want to—I know, I wasn’t going to call you but you’re sitting there all by yourself, so. (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) Page 38 Hawaiʻi County Council-21 September 7, 2017 MR. KUCHARSKI: Bill Kucharski, yes, the copier that we have was, I think, version 2005, a number like that. And it is, like most of the things in wastewater, has been used and patched together and helps us all if we ever run out of duct- tape. MS. DAVID: Mahalo, thank you very much. I yield. CHR. POINDEXTER: Okay, any other questions? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 264-17: The motion to adopt Res. 264-17 was carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 265-17. Res. 265-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN SANCTUARY INC., TO ASSIST WITH COSTS RELATED TO ITS PLANT ALOHA 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. 413 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 265-17. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: This is pretty self-explanatory. A contingency fund request, we did hear from folks from Hawaiian sanctuary about the Plant Aloha project and how well-received it is by the community and classes are attracting up to 90 people per class. So I’m really happy to answer with this endeavor, and I ask for your support. Thank you. Page 39 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Okay, any questions? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 265-17: The motion to adopt Res. 265-17 was carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Now we move into Bills for Ordinances, First Reading, Bill 59, Mr. Clerk. 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 59: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAIʻI BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEAʻAU, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY: 1-6-141:002 Approve: PC-24 ; and Motion to Approve: Ms. Eoff moved to pass Bill 59 on first reading and adopt Planning Committee Report No. 24. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff, do you have anything? No, okay, seeing or hearing none, all those in favor say “aye.” Vote on Bill 59: The motion to pass Bill 59 on first reading and adopt (Approved) Planning Committee Report No. 24 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. Page 40 Hawaiʻi County Council-21 September 7, 2017 Bill 60: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO GENERAL INDUSTRIAL – 20,000 SQUARE FEET (MG-20) AT KEAʻAU, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY: 1-6-141:002 (Applicant: Hawaiʻi Island Distilling, LLC) (Area: 6.505 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to establish a microbrewery with a retail sales and tasting center. Reference: Comm. 386 Intr. by: Ms. Eoff (B/R) Approve: PC-25 Motion to Approve: Ms. Eoff moved to pass Bill 60 on first reading and adopt Planning Committee Report No. 25. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: I think Mr. Fuke spoke to us at the Committee level and answered some of the questions at that time. And I think we were all on board, so I continue to support this. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 60: The motion to pass Bill 60 on first reading and adopt (Approved) Planning Committee Report No. 25 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Second and Final Reading, Bill 54, Draft 2, Mr. Clerk. Page 41 Hawaiʻi County Council-21 September 7, 2017 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): Bill 54 AMENDS CHAPTER 15, ARTICLE 7 OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2016 EDITION, AS AMENDED), RELATING TO THE VETERANS ADVISORY COMMITTEE Removes inactive veterans organizations, adds two new veterans organizations, and reduces the size of the committee from 16 to 12 members and the required number of at-large members from three to one. Reference: Comm. 361.2 Intr. by: Ms. Eoff First Reading: August 16, 2017 Motion to Approve: Ms. Eoff moved to pass Bill 54, Draft 2, on second and final reading. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you. I’d just like to say one more thank you, to all of the veterans groups, to the administration, and to my staff for working through this to figure out which group needed to be eliminated and how we can make this Advisory Committee function with quorum. So, I continue to ask for your support. Thank you. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 54: The motion to pass Bill 54, Draft 2, on second and final (Draft 2) reading was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 55. Page 42 Hawaiʻi County Council-21 September 7, 2017 Bill 55: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Increases revenues in the State Grants - Coastal Zone Management account ($23,685); and appropriates the same to the Coastal Zone Management account, bringing the total State grant amount to $155,663. Reference: Comm. 366 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Motion to Approve: Ms. David moved to pass Bill 55 on second and final reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I just ask for your continued support, thanks. CHR. POINDEXTER: Okay, seeing or hearing no other discussion, all those in favor say “aye.” Vote on Bill 55: The motion to pass Bill 55 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 56. Page 43 Hawaiʻi County Council-21 September 7, 2017 Bill 56: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 Adds the Public Works, Road Improvements - Pua, Todd, Baker and Desha Avenues – State project for $152,000 to the Capital Budget. Funds for this project shall be provided from the State Capital Improvement Project Funds. Funds would be used to improve roadways and drainage around Keaukaha School in Hilo. Reference: Comm. 367 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. David moved to pass Bill 56 on second and final reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Is there any discussion? No, okay, all those in favor say “aye.” Vote on Bill 56: The motion to pass Bill 56 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 58. Bill 58: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Schedule 3 (25 mile per hour limit) and Schedule 5 (35 mile per hour limit) Subsection (g), Puna, by increasing the speed limit on South Kopua Road from 25 to 35 miles per hour. Reference: Comm. 375 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Page 44 Hawaiʻi County Council-21 September 7, 2017 Motion to Approve: Ms. Ruggles moved to pass Bill 58 on second and final reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you. We’ve heard this twice before and I think it’s pretty self-explanatory. I ask for your continued support. CHR. POINDEXTER: Okay, seeing no other discussion, all those in favor say “aye.” Vote on Bill 58: The motion to pass Bill 58 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 61. Bill 61: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NAMING THE BASEBALL DIAMOND AND FOOTBALL FIELD AT KAMEHAMEHA PARK, THE “SHIRO TAKATA FIELD,” IN HONOR OF SHIRO TAKATA Recognizes Shiro Takata for his contributions to the athletic community and school system in Kohala by naming these facilities in his honor. Reference: Comm. 387 Intr. by: Mr. Richards First Reading: August 16, 2017 Motion to Approve: Mr. Richards moved to pass Bill 61 on second and final reading. Seconded by Ms. David. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Every once in a great while we can do something that really is great and this is one of those times. Mr. Takata has been a supporter of Kohala for decades and for generations. I was invited to his—I’m going to say this wrong, beiju this last weekend, he turned 88 and was wearing the happy coat that his father wore when he turned 88. And so, a great deal and I don’t think there’s a Page 45 Hawaiʻi County Council-21 September 7, 2017 more fitting recognition of Mr. Takata than naming the fields, because he has been so supportive of getting kids on the fields for decades. So, with that I ask for my colleagues’ support. CHR. POINDEXTER: Okay, any other comments or discussion? Seeing or hearing none, all in favor say “aye.” Vote on Bill 61: The motion to pass Bill 61 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 62. Bill 62: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 Adds the Public Works Māmalahoa Highway Widening, Mud Lane to Mana Road – Federal project $22 million; State project $500,000; and County project $5 million, for a total of $27.5 million to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable ($22 million); State Grants Receivable ($500,000); and General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($5 million). Funds would be used to improve 18 intersections along Māmalahoa Highway in Waimea and repair the failing roadway from Mana Road to Puʻu Nani Drive. Reference: Comm. 392 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. David moved to pass Bill 62 on second and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. We’ve discussed these important projects in Committee and first reading, and I ask for your support. I yield to Mr. Richards. Page 46 Hawaiʻi County Council-21 September 7, 2017 CHR. POINDEXTER: Okay, Council Member Richards. MR. RICHARDS: This is a stretch of road that’s been crying for upgrade for quite some time and this is very appropriate, very timely, so let’s get her done. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you, I just have a question. Is this a—who owns the road? CHR. POINDEXTER: It’s County. MS. RUGGLES: It’s a County road? CHR. POINDEXTER: Yes. I think it’s in my district, yeah. MS. RUGGLES: Awesome. Thank you. CHR. POINDEXTER: Okay, any other questions or discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 62: The motion to pass Bill 62 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, into Reports. Page 47 Hawaiʻi County Council-21 September 7, 2017 REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. FC-33 NOMINATION OF MICHAEL HUGHES TO THE REAL PROPERTY TAX (Comm. 388): BOARD OF REVIEW Requires Council Confirmation by: September 11, 2017 (Section 13-4(l), Hawaiʻi County Charter) Vote on FC-4: Ms. O’Hara moved to approve Finance Committee (Adopted) Report No. 33. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: I’d just like to say, I thank the public for their patience in watching us eat our lunches through the meeting. It may not have looked all that pleasant, but thank you for allowing us to do our work and bearing with us as we gulp in front of you. Okay, can I have a motion to adjourn? Oh, Mr. Clerk, did we clear everything? We got everything, okay, can I have a motion to adjourn? 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.) Page 48 Hawai`i County Council-21 September 7, 2017 ADJOURN There being no further business, at 1:54 p.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter— 8. Noes: None. Absent: Council Member Chung— 1. Excused: None. CHR. POINDEXTER: Meeting is adjourned. OCT 1 8 2017 Council Approval: COUNTY CLERK SM/slm Page 49