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HomeMy WebLinkAboutMIN COUNCIL 2018-02-07 2016-2018 Hawaiʻi County Council st 31 Session Hawaiʻi County Building 25 Aupuni Street Hilo, Hawaiʻi February 7, 2018 INVOCATION: Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:05 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 S. Y. 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, Ms. Eoff 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 (There were none.) CONDOLENCE: Hawaiʻi County Council-31 February 7, 2018 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: Jim Cain: Res. 485-18 (Comm. 717), in support. Nadine Ebert: Res. 479-18 (Comm. 707), in support. (representing O Ka‘ū Kakou) Noland Eskaran: Res. 485-18 (Comm. 717), comment. (representing Waipi‘o Taro Farmers Association) Darde Gamayo: Res. 485-18 (Comm. 717), in support. Bobbeye St. Ambrogio: Res. 481-18 (Comm. 713), comment. Captain Samuel Jelsma: Res. 483-18 (Comm. 715), in support. (representing Hawai‘i Police Department) Dwight J. Vicente: Res. 480-18 (Comm. 711); Res. 485-18 (Comm. 717); and Bill 88 (Comm. 656), comment. Abraham Sadegh: Comm. 720, comment, and Bill 94 (Comm. 700), in opposition. Lenard Allen: Res. 480-18 (Comm. 711), in support. CHR. POINDEXTER: I don’t see any testifiers, so, at this time, I’m going to be closing the statements from the public and move into the approval of minutes. Page 2 Hawaiʻi County Council-31 February 7, 2018 APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Ms. David moved to approve the Minutes of June 1, 2016. Minutes: Seconded by Ms. Eoff and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Vote on Approval of Ms. David moved to approve the Minutes of Minutes: December 20, 2017. Seconded by Ms. Eoff and carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, and Chair Poindexter – 8. Noes: None. Absent: Council Member Ruggles – 1. Excused: None. CHR. POINDEXTER: Minutes are approved, into communications, Mr. Clerk. Communication 725. Comm. 725: NOMINATION OF ROSS E. BIRCH, MARGARITA L. HOPKINS, JENIPHER A. JONES, LENARD ALLEN, BARBARA ANN BONGO ARTHURS, GREGORY DALE LARSON, DAVID A. BUEHLER, AND GENEVIEVE PUANANI WOO TO THE COST OF GOVERNMENT COMMISSION From Mayor Harry Kim, dated January 19, 2018, submitting for the Council’s review and confirmation the above nominations. Waived: FC Requires Council Confirmation by: March 4, 2018 (Section 13-4(l), Hawai‘i County Charter) Page 3 Hawaiʻi County Council-31 February 7, 2018 Vote on Comm. 725: Ms. David moved to confirm the nomination of (Approved) Ross E. Birch to the Cost of Government Commission. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter, – 9. Noes: None. Absent: None. Excused: None. Vote on Comm. 725: Ms. O’Hara moved to confirm the nomination of (Approved) Margarita L. Hopkins to the Cost of Government Commission. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter, – 9. Noes: None. Absent: None. Excused: None. Vote on Comm. 725: Ms. Lee Loy moved to confirm the nomination of (Approved) Jenipher A. Jones to the Cost of Government Commission. Seconded by Ms. O’Hara and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter, – 9. Noes: None. Absent: None. Excused: None. Page 4 Hawaiʻi County Council-31 February 7, 2018 Vote on Comm. 725: Ms. O’Hara moved to confirm the nomination of (Approved) Lenard Allen to the Cost of Government Commission. Seconded by Ms. Ruggles and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter, – 9. Noes: None. Absent: None. Excused: None. Vote on Comm. 725: Ms. David moved to confirm the nomination of (Approved) Barbara Ann Bongo Arthurs to the Cost of Government Commission. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter, – 9. Noes: None. Absent: None. Excused: None. Vote on Comm. 725: Mr. Kanuha moved to confirm the nomination of (Approved) Gregory Dale Larson to the Cost of Government Commission. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. Page 5 Hawaiʻi County Council-31 February 7, 2018 Vote on Comm. 725: Ms. Eoff moved to confirm the nomination of (Approved) David A. Buehler to the Cost of Government Commission. Seconded by Ms. O’Hara and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. Vote on Comm. 725: Mr. Richards moved to confirm the nomination of (Approved) Genevieve Puanani Woo to the Cost of Government Commission. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 9. Noes: None. Absent: None. Excused: None. Recess: At 10:25 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:36 a.m. CHR. POINDEXTER: I’d like to call this meeting back to order, and I’ve been asked to take a couple things out of order. Since Ms. Lee Loy will have to be leaving at eleven, and you have an amendment, so, Mr. Clerk, will you please read in Bill 91? 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. AMENDS CHAPTER 26, OF THE HAWAI‘I COUNTY CODE 1983 Bill 91: (2016 EDITION, AS AMENDED), RELATING TO THE FIRE BOARD OF APPEALS Reestablishes the Fire Board of Appeals pursuant to Hawai‘i Revised Statutes, Subsection 132-6(f), by adding a new Article 3, Fire Board of Appeals. Reference: Comm. 684 Intr. by: Ms. Poindexter (B/R) Approve: PSMTC-3 Page 6 Hawaiʻi County Council-31 February 7, 2018 Motion to Approve: Ms. David moved to pass Bill 91 on first reading and adopt Public Safety and Mass Transit Committee Report No. 3. Seconded by Ms. Eoff. CHR. POINDEXTER: Who wants to go first—just briefly to give us a synopsis, again. I know we did this in Committee, but go ahead. (Note: At this time, Deputy Corporation Counsel Craig Masuda came forward to address the members of the Council.) MR. MASUDA: So, the Fire Board of Appeals is a statutory requirement from the State that every County have a Fire Board of Appeals where people can go to appeal decisions—final decisions made by the Fire Chief—could be as far as materials used or practices used that is within the fire code. CHR. POINDEXTER: Really quick, just state your name for the record because of minutes. MR. MASUDA: Sorry. Craig Masuda, Deputy—I was going to say Prosecutor— Deputy Corporation Counsel. That was the other life. Ms. Lee Loy has forwarded an amendment which both the Fire Department and Corporation Counsel support. This amendment takes out the Fire Chief as being the ex-officio member, this actually furthers and increases the authority of the civilian board in due process wise and it also is actually better. CHR. POINDEXTER: Okay, well we didn’t read that in yet, so I’m going to ask Ms. Lee Loy, do you want to go ahead and motion that in? MS. LEE LOY: Yes, thank you, Chair and thank you for the opportunity to be moved up on the agenda. I really do appreciate that. For my colleagues, I’d like to amend Bill 91, with the contents of Communication 684-1. Motion to Amend: Ms. Lee Loy moved to amend Bill 91 with the contents of Comm. 684.1. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair, and thank you, Mr. Masuda and Mr. Perreira for being here. At our last meeting, I raised the question about having ex-officio members. And from our last Committee meeting to this meeting, I had an opportunity to sit down with Corporation Counsel and the Fire Department and talk about, you know, everybody’s roles. And, as Mr. Masuda mentioned earlier, this amendment actually affords a lot more due process through this process. This actually will become a good stop gap measure going forward, as we assemble our Charter Commission. They’re going to relook at how our boards and Page 7 Hawaiʻi County Council-31 February 7, 2018 commissions are assembled with these ex-officio members. So, hopefully going forward, this provides a good motto for future boards and commissions and how it affords a little bit better due process. So, with that, I’m going to be urging my Council Members to support this. And, as you heard earlier, Mr. Masuda, Deputy Corporation Counsel, has had the time to vet, review, and does support this amendment. So, thank you. CHR. POINDEXTER: Okay, any other discussion or questions? Seeing or hearing none, all those in favor of Communication 684.1 say “aye.” Vote on Motion to: The motion to amend Bill 91 with the contents of Amend: Comm. 684.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Kanuha– 1. Excused: None. CHR. POINDEXTER: So, now we’re at the main bill, Bill 91, as amended. Is there any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 91: The motion to pass Bill 91, as amended to Draft 2, on (Draft 2) first reading and adopt Public Safety and Mass Transit (Approved) Committee Report No. 3 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: Okay, thank you very much. Mr. Clerk, one more out of order, Bill 95, please. Page 8 Hawaiʻi County Council-31 February 7, 2018 Bill 95: 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 Federal Grants – SAFE (Sexual Assault Forensic Examiner) Program account ($49,745); and appropriates the same to the SAFE Program account for a total appropriation of $101,745. Funds would be used by the Police Department to improve response and victim services in cases involving crimes against women. Reference: Comm. 701 Intr. by: Ms. David (B/R) First Reading: January 24, 2018 Motion to Approve: Ms. David moved to pass Bill 95 on second and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you, Chair. And thank you, Officer Amon-Wilkins, for being here this time and being open to questions regarding this. I know at a former—last meeting, Mr. Richards had some questions. So, if you could, brief us very quickly on the purpose of this, the funds, and what it’s going to be used for. And then Mr. Richards may have another follow up question. If you can, please. Thank you. (Note: At this time, Police Lieutenant Rio Amon-Wilkins came forward to address the members of the Council.) LT. AMON-WILKINS: Good morning. The Police Department has a contract with YWCA (Young Women’s Christian Association) to run our SAFE (Sexual Assault Forensic Examiner) program. So, they are responsible for recruiting and training and maintaining forensic nurses to perform sex assault examinations. It had quite a hard time in the past in not only recruiting qualified nurses, but retaining them. So, they started paying on-call pay so we would have 24/7 coverage in the event that we need to perform these exams after hours. So, that’s basically what the money is for. MS. DAVID: Thank you very much and Mr. Richards, if you—okay, thank you so much for that explanation and for being here today. Mr. Richards is fine. Okay, mahalo. LT. AMON-WILKINS: Thank you. MS. RUGGLES: Madam Chair? Page 9 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, thank you. Council Member Ruggles. MS. RUGGLES: Thank you. I also had a question at the last meeting and this was for the contract in the conditions from the agency that we’re receiving the funds from. It said that the department must undergo an audit to comply with the conditions in order to receive the funding. So, I was wondering what the department’s plans were to comply with that. LT. AMON-WILKINS: We keep a record of how all the funds are being used. All the grant documentation is held at the Police Department and we have been informed by the Attorney General’s office of periodic audits being done. MS. RUGGLES: So, there are periodic audits that the Police Department undergoes? LT. AMON-WILKINS: I have been in charge of these grants and in the office here in Kona for just the last three months, so I am not aware of—I haven’t been audited personally yet. As far as, you know, who was in my position before that or when the last audit was, I have to double check on that. MS. RUGGLES: Okay, thank you, because as far as my knowledge goes, the Police Department has never been audited and so, it’s just a cause for concern to make sure that we are actually complying with the conditions of these grants. LT. AMON-WILKINS: I have dozens and dozens of emails from the Attorney General’s office. They’re on me constantly, keeping track of everything. So, like I said, I have not received any type of audit information in the last three months, but prior to that, I can’t comment at this time. MS. RUGGLES: Okay, thank you for being here to answer questions. I’ll yield at this time. CHR. POINDEXTER: Okay, thank you, any other questions or discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 95: The motion to pass Bill 95 on second and final reading was (Adopted) 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. Page 10 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, Bill 95 is approved. Okay, we now can start at the top of the agenda and let’s go—I think we can move through this quickly. Mr. Clerk, Resolution 471-18. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 471-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS 58, 59, AND 60 FOR LUALAʻI PHASE 1, IDENTIFIED AS TAX MAP KEY: 6-7-003:109 (POR.), SITUATED AT LĀLĀMILO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM KAOMALO LLC, A HAWAI‘I LIMITED LIABILITY COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 690 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-32 Motion to Approve: Ms. Ruggles moved to adopt Res. 471-18 and Public Works and Parks and Recreation Committee Report No. 32. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: Thank you. We did discuss this in committee and also, I want to thank Mr. Kim for being here. If anyone has questions, he is the attorney for the Department of Public Works. Thank you. CHR. POINDEXTER: Okay, any questions? No? Seeing or hearing none, all those in favor say “aye.” Page 11 Hawaiʻi County Council-31 February 7, 2018 Vote on Res. 471-18: The motion to adopt Res. 471-18 and adopt Public (Adopted) Works and Parks and Recreation Committee Report No. 32 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: Mr. Clerk, Resolution 472-18. Res. 472-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS R-8 TO R-14 FOR LUALAʻI PHASE 2, IDENTIFIED AS TAX MAP KEY: 6-7-003:109 (POR.), SITUATED AT LĀLĀMILO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM KAOMALO LLC, A HAWAI‘I LIMITED LIABILITY COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 691 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-33 Vote on Res. 472-18: Ms. Ruggles moved to adopt Res. 472-18 and Public (Adopted) Works and Parks and Recreation Committee Report No. 33. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 473-18. Page 12 Hawaiʻi County Council-31 February 7, 2018 Res. 473-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS R-15 TO R-20 FOR LUALAʻI PHASE 3, WITH EACH LOT RESPECTIVELY IDENTIFIED AS TAX MAP KEY: 6-7-008:086, 6-7-008:087, 6-7-008:088, 6-7-008:089, 6-7-008:090, AND 6-7-008:091, SITUATED AT WAIKOLOA AND WAIMEA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM KAOMALO LLC, A HAWAI‘I LIMITED LIABILITY COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 692 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-34 Vote on Res. 473-18: Ms. Ruggles moved to adopt Res. 473-18 and Public (Adopted) Works and Parks and Recreation Committee Report No. 34. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 474-18. Res. 474-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement at an estimated monthly cost of $155. The equipment would be used by the department’s Administration Office. Reference: Comm. 693 Intr. by: Ms. David (B/R) Approve: FC-73 Motion to Approve: Ms. David moved to adopt Res. 474-18 and Finance Committee Report No. 73. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. Page 13 Hawaiʻi County Council-31 February 7, 2018 MS. DAVID: Thank you. This was approved unanimously in committee and just ask for your continued support. CHR. POINDEXTER: Okay, all those in favor say “aye.” Vote on Res. 474-18: The motion to adopt Res. 474-18 and adopt Finance (Adopted) Committee Report No. 73 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: Mr. Clerk, Resolution 475-18. Res. 475-18: AUTHORIZES THE ABANDONMENT OF A PORTION OF “KAIMŪ- KAPOHO ROAD” FOR CONSOLIDATION WITH ISAAC KEPO‘OKALANI HALE BEACH PARK The County desires to abandon this flood-prone tract of road, determining it is no longer needed due to the completion of the Pohoiki Bypass Road. Reference: Comm. 694 Intr. by: Ms. David (B/R) Approve: FC-74 Motion to Approve: Ms. David moved to adopt Res. 475-18 and Finance Committee Report No. 74. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you, and thank you to Acting Deputy Director Merick Nishimoto in the room and Deputy Corporation Counsel Ron Kim. This was already discussed in committee. If anyone has questions, they’re here to answer questions. Otherwise, I ask for your support. CHR. POINDEXTER: Okay, any questions? Seeing or hearing none, all those in favor say “aye.” Page 14 Hawaiʻi County Council-31 February 7, 2018 Vote on Res. 475-18: The motion to adopt Res. 475-18 and adopt Finance (Adopted) Committee Report No. 74 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: Okay, Resolution 475-18 is approved. Mr. Clerk, Resolution 476-18. Res. 476-18: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SEVENTY-FIVE YEAR LEASE WITH THE HAWAI‘I ISLAND COMMUNITY DEVELOPMENT CORPORATION (HICDC) FOR THE PURPOSE OF DEVELOPMENT AND CONSTRUCTION OF HALE OLA O MOHOULI AFFORDABLE SENIOR RENTAL HOUSING PROJECT AT A SET LEASE RENTAL AMOUNT OF $100 PER YEAR HICDC would construct approximately 200 rental units on property identified as Tax Map Key: 2-4-001:168, containing an area of 9.091 acres, that was acquired from the State of Hawai‘i for the purpose of developing affordable housing. Reference: Comm. 695 Intr. by: Ms. David (B/R) Approve: FC-75 Motion to Approve: Ms. David moved to adopt Res. 476-18 and Finance Committee Report No. 75. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and I want to thank Mr. Gyotoku for being here this morning. This was already discussed and approved in committee and if you have questions if not, I ask you for your continued support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 15 Hawaiʻi County Council-31 February 7, 2018 Vote on Res. 476-18: The motion to adopt Res. 476-18 and adopt Finance (Adopted) Committee Report No. 75 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: Can we just—do I have a motion to reconsider or—? Yeah, so do you want to do a motion to reconsider? Vote on Motion to Mr. Chung moved to reconsider the vote taken on Reconsider: Res. 476-18. Seconded by Ms. Lee Loy and carried by (Approved) 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: So now, we are now back to the original motion. So, Resolution 476-18 is on the table. Council Member Chung. MR. CHUNG: Thank you, Madam Chairman. Did our Deputy Public Works Director just leave? Yeah, because I wanted to ask either him or Mr. Simeon a question regarding that. Could we table this matter and then have them come back? CHR. POINDEXTER: Yes, sure. Vote on Motion Mr. Chung moved to table Res. 476-18 until the Director Table: or Deputy Director of Public Works arrives. Seconded by (Approved) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 16 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: So, Mr. Clerk, can we move to Resolution 478-18? Res. 478-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I FOR ITS “PU‘UHONUA O HILO” PILOT PROJECT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 706 Intr. by: Mr. Chung Vote on Res. 478-18: Mr. Chung moved to adopt Res. 478-18. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: I’ve been asked to take one out of order. Resolution 482-18, Mr. Clerk. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order. Res. 482-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS TO THE RODEO ARENA AT THE PANA‘EWA EQUESTRIAN CENTER Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Friends of the Park account. Reference: Comm. 714 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 482-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. Page 17 Hawaiʻi County Council-31 February 7, 2018 MS. LEE LOY: Again Chair, thank you for the opportunity to be moved up on the agenda. I’m just asking for my colleagues’ support. This is for a cattle chute at one of our County facilities. I always like using our contingency money to improve our County assets, so, thank you. CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 482-18: The motion to adopt Res. 482-18 was carried by (Adopted) 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: Okay, let’s go back to, Mr. Clerk, Resolution 479-18. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 479-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ‘O KA‘Ū KĀKOU TO PURCHASE SUPPLIES FOR THE KEIKI EMERGENCY GO BAG Transfers $1,600 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 707 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 479-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and this I really support and ask for your support. These are preparing emergency bags for our kids in our rural districts. I think it’s a great idea, and I’m very happy to help in this project because it’s very important. So, I ask for your support. Mahalo. Page 18 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 479-18: The motion to adopt Res. 479-18 was carried by (Adopted) 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: Okay, Resolution 479-18 is approved. Mr. Clerk, Resolution 480-18. Res. 480-18: URGES THE HAWAIʻI STATE LEGISLATURE TO SUPPORT A BILL FOR AN ACT REQUIRING THAT EACH DISTRICT HEALTH OFFICER BE A PHYSICIAN LICENSED IN THE STATE OF HAWAI‘I The responsibilities of a District Health Officer include serving in emergency preparedness, family health services, public health nursing, services for the developmentally delayed, environmental health services, vital statistics, and mental health services. Reference: Comm. 711 Intr. by: Ms. O’Hara Waived: GREDC (Comm. 711.1) Motion to Approve: Ms. O’Hara moved to adopt Res. 480-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member O’Hara. MS. OʼHARA: Thank you, Chair, and we had a great testimony from Lenard Alan who recently retired from the Department of Health on this particular issue. I do have the need to make a correction. There was a typo in the title here and so, I guess I have to move to make said correction? Okay so, I’m making the motion to approve 480-18. I’m sorry, but our Deputy Clerk said I would have to make a motion to correct the spelling so I’m confused now. Sorry. Page 19 Hawaiʻi County Council-31 February 7, 2018 Vote on Motion to Ms. O’Hara moved to amend Res. 480-18 by correcting the Amend: spelling of Physician in the title. Seconded by Mr. Kanuha (Approved) and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Vote on Res. 480-18 The motion to adopt Res. 480-18, as amended to Draft 2 (Draft 2): was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: So Resolution 480-18 is approved. Council Member O’Hara, you have a motion for the—? MS. OʼHARA: Yes, I’d like to move to waive the five-day hold over rule. HB (House Bill) 2663 is coming up for hearing tomorrow in the Health and Human Services Committee at the Legislature and I’d like to get this over to them ASAP (As Soon As Possible). Motion to Suspend Ms. O’Hara moved to Suspend Council Rule 15 to waive Council Rules: the 5-day hold for reconsideration. Seconded by Ms. Ruggles. CHR. POINDEXTER: All those in favor say “aye.” Did you have a comment before we vote? Council Member Kanuha. MR. KANUHA: I’m voting for it, but I just want to know the timing of that because I don’t know how long it takes for us to process it and then Mayor to sign it as well. If we could, just give them an indication that the Council did pass it, just—because I don’t know the timing of— MS. OʼHARA: Yeah, I don’t know the timing either. I know Barbara has already prepared the change of the wording, or the word spelling. So—if not, yeah, I will instruct my staff to definitely let representative Creagan know. He’s the one that is introducing that bill. Page 20 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, all those in favor say “aye.” Vote on Motion to The motion to Suspend Council Rule 15 to waive the 5-day Suspend Council hold for reconsideration was carried by the following Rules: voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Resolution 481-18. Res. 481-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE POLICE DEPARTMENT’S NEIGHBORHOOD WATCH PROGRAM IN HᾹMᾹKUA Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Police Department, Hāmākua Police-Other Current Expenses account. Reference: Comm. 713 Intr. by: Ms. Poindexter Motion to Approve: Ms. David moved to adopt Res. 481-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: I just ask for your support. Is there any discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 481-18: The motion to adopt Res. 481-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: We’ll go back and—can I get a motion to take off the table Resolution 476? Mr. Chung, are you ready to motion that back onto the table? Page 21 Hawaiʻi County Council-31 February 7, 2018 Vote on Motion to Mr. Chung moved to remove Res. 476-18 from the table. Remove from Table: Seconded by Mr. Kanuha and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Resolution 476-18 is now on the table. Council Member Chung. (Note: At this time, Public Work’s Acting Deputy Director Merrick Nishimoto came forward to address the members of the Council.) MR. CHUNG: I just wanted one question answered actually, for the record, because I think I know what the answer is, as it relates to this project, which I support incidentally. I’ve always supported it. There’s been this whole big deal about installation of a traffic light at the entrance of that development. MR. NISHIMOTO: Mohouli? MR. CHUNG: Correct. Right now, I understand, as it’s developed currently, there is no need for that traffic light. What will happen upon full build out? MR. NISHIMOTO: At build out, we can take another look at it to see if the traffic signals warrant it, but you’re correct, at this point, it is not warranted. Warrants are test. I don’t know the—I can’t break it down into simpler forms because I’m not that familiar with the warrants, but it would be looked at a future date. MR. CHUNG: But at present, there are no plans to install traffic lights? MR. NISHIMOTO: Correct. Presently, there are none. MR. CHUNG: Okay, and that’s all I wanted to know, really. I think it’s a horrible place to have traffic lights and when it does come up again, we can talk about it more, but I just wanted to make sure that by approving this project, it doesn’t now signal, no pun intended, the installation of that traffic signal. MR. NISHIMOTO: Correct. Presently, it’s not. MR. CHUNG: Alright. Thank you very much, that’s all I wanted to know. Page 22 Hawaiʻi County Council-31 February 7, 2018 MR. NISHIMOTO: You’re welcome. Thank you. CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 476-18: The motion to adopt Res. 476-18 and adopt Finance (Adopted) Committee Report No. 75 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay. Point of Order: MR. KANUHA: Madam Chair, just as a point of order. CHR. POINDEXTER: Yes. MR. KANUHA: Just for all of our knowledge, the motion to reconsider for that last motion was a debatable motion. CHR. POINDEXTER: Okay, because I did ask. MR. KANUHA: Yeah. CHR. POINDEXTER: And they said—nobody put their light on. MR. KANUHA: I just read it up, so just for— CHR. POINDEXTER: Yeah, but I did ask the Clerk and then nobody put their light on, so I said, “Now can we just go ahead and vote?” He said yes. MR. KANUHA: For sure. It’s only not debatable if it’s a non-debatable motion, like a motion to suspend the rules. CHR. POINDEXTER: Call for the question and stuff. MR. KANUHA: Yeah. CHR. POINDEXTER: So, I did ask. We had our Clerk so I knew we were on the right side. Right, Clerk? Is that correct? Okay, so— Page 23 Hawaiʻi County Council-31 February 7, 2018 MR. MAEDA: The last Resolution 476, that was eight ayes and one excused because Ms. Lee Loy is not present. CHR. POINDEXTER: Yes, eight ayes, one excused. Thank you very much. And I know that—just make an announcement really quick. Council Member Chung’s office is preparing a letter for all of us to sign in support of our sister city Hualien, Taiwan who was just hit by an earthquake and I guess it’s all over the news that it was a 6.4 quake, 13 miles away from the city, killing at least eight people and injuring 262. Buildings are down and I don’t know if Mr. Chung wants to elaborate more. No? But thank you, Mr. Chung, for bringing this to our attention and we’ll look forward for that letter. Thank you, and we’ll just keep all of them in prayer. Thank you. Mr. Clerk, Resolution 483-18. Res. 483-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE POLICE DEPARTMENT TO PURCHASE STEALTH CAMERAS FOR PLACEMENT IN AREAS PRONE TO CRIMINAL ACTIVITY IN THE DISTRICT OF PUNA Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Police Department, Puna Police Other Current Expenses account. Reference: Comm. 715 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 483-18. Seconded by Ms. David. CHR. POINDEXTER: Council Member O’Hara. MS. OʼHARA: Thank you. I was grateful that Captain Samuel Jelsma came forward from the Puna Police to give us a little demonstration of what a game camera looks like and I’m hopeful that they’ll be able to bring down the cost of it. I’ve heard from Civil Defense who got similar cameras recently for about half the price, so we know it will get at least five cameras but maybe more, depending on how they do the procurement. So, very much needed in the district of Puna. Received the blessing of the Chief, as long as it’s being deployed in Puna and that’s exactly what we want. So, thank you and ask for your support. CHR. POINDEXTER: Thank you, any other discussion? Council Member Ruggles. MS. RUGGLES: Thank you. I just want to thank Ms. O’Hara for bringing this forward. I have a question. Do you know where the cameras will be located? Page 24 Hawaiʻi County Council-31 February 7, 2018 MS. OʼHARA: No, I don’t. We’ve had a lot of car theft in the Puna district and it seems to occur at places where the public park. There were events happening down at the public parking for the Waiʻōpae Ponds, so that’s where they put up the one camera that they had, and that activity stopped. But then they were having problems on the lighthouse side, people parking over there. They’re having problems at the end of Beach Road where people park and walk into Shipman. I’m sure there’s other locations up mauka that I’m not familiar with, but there are some that came to light in our discussion, and when I found out they only had the one camera, I was a little distraught that they were having to move it from location to location. So, primarily for areas that are experiencing that type of crime. MS. RUGGLES: Okay, great. Thank you. CHR. POINDEXTER: Thank you. Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 483-18: The motion to adopt Res. 483-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, Resolution 483-18 is approved. Mr. Clerk, Resolution 484-18. Res. 484-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS TO THE RODEO ARENA AT THE PANA‘EWA EQUESTRIAN CENTER Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Friends of the Park account. Reference: Comm. 716 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 484-18. Seconded by Ms. Eoff. Page 25 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: I guess I’d refer to this as companion legislation with Councilwoman Lee Loy’s. Again, for improvement of Panaʻewa and for the shoot for the—again, public facility, and just supporting our constituents. I ask for your support. CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 484-18: The motion to adopt Res. 484-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Resolution 484-18 is approved. Mr. Clerk, Resolution 485-18. Res. 485-18: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS HOUSE BILL NO. 1767, RELATING TO ENFORCEMENT OF FOUR-WHEEL DRIVE VEHICLE USE AND TOUR OPERATOR REQUIREMENTS FOR ACCESS TO MAUNA KEA SCIENCE RESERVE AND WAIPI‘O VALLEY House Bill No. 1767 would require a low-gear, four-wheel drive vehicle for access to Mauna Kea Science Reserve and Waipi‘o valley and require operators of tours to obtain a certificate for Hawai‘i professional tour guides. This bill would also authorize the counties and University of Hawai‘i to appoint individuals to issue fines and enforce restrictions. Reference: Comm. 717 Intr. by: Ms. Poindexter Waived: GREDC Motion to Approve: Ms. Eoff moved to adopt Res. 485-18. Seconded by Ms. David. CHR. POINDEXTER: Can I just go ahead and say that we’ve heard the testimony. I think it’s important. Mark and I have been—Representative Mark Nakashima and I have been working with the Waipiʻo issues. I ask for your support. If you have any questions, I’ll be glad to answer them if I can. Seeing or hearing none, all those in favor say “aye.” Page 26 Hawaiʻi County Council-31 February 7, 2018 Vote on Res. 485-18: The motion to adopt Res. 485-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, Resolution 485-18 is approved. Mr. Clerk, Resolution 486-18. Res. 486-18: AUTHORIZES THE ACCEPTANCE OF MULTIPROTOCOL LABEL SWITCHING (MPLS) EQUIPMENT FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Donated by Maui County with a total value of $48,017.12, this donation would be used by the department to help complete Hawai‘i County’s MPLS network. Reference: Comm. 726 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 486-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you, Chair. This was a donation from Maui County for the multiprotocol label switching equipment and we just thank them for their donation and ask for your support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 486-18: The motion to adopt Res. 486-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 27 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Resolution 486-18 is approved. Mr. Clerk, Resolution 487-18. Res. 487-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL, HAWAI‘I CRIMINAL JUSTICE DATA CENTER (HCJDC), PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Funds in the amount of $3,000 would be used by the Office of the Prosecuting Attorney to compensate for overtime incurred by staff to research charges identified by the HCJDC with overdue dispositions. Reference: Comm. 727 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 487-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I understand that the waiver request was in order to expedite the funds that we are receiving to the Prosecutor’s office, and it’s to reimburse some Prosecutor staff for overtime to research charges identified by the criminal justice data center. I don’t—I’m wondering if—oh, you’re here. I’m sorry, if you have any questions or if you want to just come and explain that really quick. This was a waived request, so can you identify yourself? I thought Mr. Lord was coming. Okay, thank you so much for being here. Just put your mic on, identify yourself, and explain the—brief explanation. (Note: At this time, the Accountant for the Prosecuting Attorney’s Office Nikol Lonokapu came forward to address the members of the Council.) MS. LONOKAPU: My name is Nikol Lonokapu, I’m the accountant for the Prosecutor’s office. The funds we’re receiving is additional funds. They gave us $12,000 last year. We didn’t quite finish the work so they’re giving us another $3,000 in federal funds for this. MS. DAVID: Thank you very much, I have no questions except to ask for your support, and thank you very much for being here. CHR. POINDEXTER: Seeing no other lights on for discussion, all those in favor say “aye.” Page 28 Hawaiʻi County Council-31 February 7, 2018 Vote on Res. 487-18: The motion to adopt Res. 487-18 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Resolution 487-18 is approved. We’re going to skip down to Bill 92. Mr. Clerk. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order. Bill 92: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-001:184 (Applicant: Hawaiʻi Island Community Development Corporation) (Area: 6.569 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps, which would allow the applicant to develop 92 units of affordable senior housing. Reference: Comm. 689 Intr. by: Ms. Eoff (B/R) Approve: PC-48 Vote on Bill 92: Ms. Eoff moved to pass Bill 92 on first reading and adopt (Approved) Planning Committee Report No. 48. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Mr. Clerk, Bill 93, please. Page 29 Hawaiʻi County Council-31 February 7, 2018 Bill 93: 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 Real Property Tax Sale Cost & Expenditure account ($525,000); and appropriates the same to the Real Property Tax Sale Cost & Expenditure account for a total appropriation of $1,070,000. Fund appropriation accommodates an increased amount of parcels anticipated for Real Property Tax Foreclosure Tax Sale in Fiscal Year 2017-2018. Reference: Comm. 696 Intr. by: Ms. David (B/R) Approve: FC-76 Motion to Approve: Ms. David moved to pass Bill 93 on first reading and adopt Finance Committee Report No. 76. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and this was discussed and explained in committee and just ask for your continued support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 93: The motion to pass Bill 93 on first reading and adopt (Approved) Finance Committee Report No. 76 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, Bill 93 is approved. Mr. Clerk, Bill 103. Page 30 Hawaiʻi County Council-31 February 7, 2018 Bill 103: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants – Hawai‘i Criminal Justice Center- Overdue Dispositions account ($3,000); and appropriates the same to the Hawai‘i Criminal Justice Center-Overdue Dispositions account. Funds would be used by the Office of the Prosecuting Attorney to compensate for overtime incurred by staff to research charges identified by the Hawai‘i Criminal Justice Data Center with overdue dispositions. Reference: Comm. 727 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 103 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is a companion to Resolution 487-18 and I ask for your support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 103: The motion to pass Bill 103 on first reading was carried (Approved) by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, Bill 103 is approved. We go back to Resolution 489-18, Mr. Clerk. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 31 Hawaiʻi County Council-31 February 7, 2018 Res. 489-18: URGES THE STATE LEGISLATURE TO PASS SENATE BILL NO. 2679, AMENDING HAWAI‘I REVISED STATUTES CHAPTER 663 RELATING TO TORT LIABILITY Senate Bill No. 2679 seeks to permanently reestablish limited liability protection for County lifeguards performing their duties on beaches or in the ocean. Reference: Comm. 729 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 489-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Kanuha. Motion to Amend: Mr. Kanuha moved to amend Res. 489-18 with the contents of Comm. 729.2. Seconded by Ms. David. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you, and this was kind of cleaning it up a little bit. There were a few things that happened in the time when I submitted this resolution to the time that we’re hearing it today, such as, a house bill was actually numbered, or the companion bill for the House and also, the resignation of Lieutenant Governor Shan Tsutsui. So, that’s really removing his name from the resolution and putting in the companion house bill in the current language. That’s all the amendment does. CHR. POINDEXTER: Okay, any other discussion? Council Member O’Hara. MS. OʼHARA: I fully support this, Mr. Kanuha. It’s so challenging to stay up with what’s going on over at our capitol. This is why when I put in the support for representative Creagan’s bill, I just didn’t use a bill number because you never know over there how things are going to shape up. MR. KANUHA: Yup. CHR. POINDEXTER: Thank you, any other discussion? Council Member Eoff. MS. EOFF: I guess I’ll just thank you for doing this and I think we all should support this. MR. KANUHA: This is just on the amendment. Page 32 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, voting on Communication 729.2, all those in favor say “aye.” Vote on Motion to The motion to amend Res. 489-18 with the contents of Amend: Comm. 729.2 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Now we’re back to the main—Resolution 489-18 as amended with the contents of 729.2. MR. KANUHA: Madam Chair? CHR. POINDEXTER: Council Member Kanuha. Vote on Motion to Mr. Kanuha moved to suspend Council Rule 24 to waive the Suspend Council holdover for the amendment of Res. 489-18. Seconded by Rules: Ms. O’Hara and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Now we’re back to Resolution 489-18 as amended. Go ahead, Council Member Kanuha. MR. KANUHA: Thank you, and this is something that the counties were battling with, well, the counties battle with this every year, but last year was the sunset date for this tort liability. Basically, what this does is it provides County lifeguards protection from civil lawsuits while performing their duties, “notwithstanding any other law to the contrary, . . ..” Additionally, “the employing county, and the state shall not be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard.” Page 33 Hawaiʻi County Council-31 February 7, 2018 So, this is the limited liability that our County lifeguards have been receiving. I don’t recall exactly how long they’ve been receiving it, but it’s been a while. Usually, what happens is the State will set, you know, a sunset date, five-year sunset date, so, every time the five-year sunset date comes up, we have to go back to the State for them to extend the sunset date. So, last year was that date and the State decided to completely gut the bill and replace it with something ridiculous, which ended up being vetoed by the governor. So, that sunset date went into effect and currently right now, our lifeguards don’t have this limited liability. So, this resolution is to support the efforts by Senator Kalani English, the Senate majority leader to renew that limited liability for our lifeguards and also, get rid of a sunset date. We’ve been trying forever to get rid of that sunset date, but the State loves to put that sunset date in so we can come crawling back and doing exactly what we do every single time. So, this is in support of that Senate bill and also in support of the companion bill in the House. Currently, it hasn’t been given a hearing date, but hopefully, with this resolution and our efforts, not only with Hawaiʻi County but the rest of the counties, we can at least get a hearing date and we can get over there to testify in support of this thing. So, again, this is our continued efforts to support our County lifeguards here in Hawaiʻi County and throughout the entire State. So, I really ask you, Council Members, to support this and additionally, as this resolution goes forward to also submit personal testimony. It matters a lot, so I urge your support and hopefully, we can get some movement at the State Legislature. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 489-18: The motion to adopt Res. 489-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Resolution 489-18 as amended is approved. Now we go to— MR. MAEDA: Excuse me. MR. KANUHA: Madam Chair? Page 34 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Go ahead. Vote on Motion to Mr. Kanuha moved to Suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Ms. David Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, so we are now at Order of the Day, Second or Final Reading. Mr. Clerk, Bill 88. BILLS FOR The Chair directed to Council to proceed to the next order of business, Order of ORDINANCES the Day (First Reading). (FIRST READING): (Note: Items in this catergory were taken up previously, out of order.) 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 88: AMENDS CHAPTER 23, ARTICLE 11, SECTION 23-118 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CRITERIA TO DETERMINE A PRE-EXISTING LOT The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Subdivision Code, which would add a criterion for determining a pre-existing lot. Reference: Comm. 656 Intr. by: Ms. Eoff (B/R) First Reading: January 24, 2018 Motion to Approve: Ms. Eoff moved to pass Bill 88 on second and final reading. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Thank you, Madam Chair. I see Deputy Planning Director Mr. Arai here if anybody has further questions, but I believe we’ve gone over this at two meetings already. Page 35 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, is there any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 88: The motion to pass Bill 88 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Okay, Mr. Clerk, Bill 94. Bill 94: 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 Federal Grants – Hawai‘i County Police Department (HCPD) Traffic Investigation Program account ($9,250); and appropriates the same to the HCPD Traffic Investigation Program account for a total appropriation of $80,750. Funds would be used by the Police Department to increase the number of officers trained in advanced traffic accident reconstruction and other traffic- crash related courses. Reference: Comm. 700 Intr. by: Ms. David (B/R) First Reading: January 24, 2018 Motion to Approve: Ms. David moved to pass Bill 94 on second and final reading. Seconded by Ms. Ruggles. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, Chair, this was actually discussed and also passed first reading with nine “ayes” and I ask for your continued support. CHR. POINDEXTER: Okay, is there any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 36 Hawaiʻi County Council-31 February 7, 2018 Vote on Bill 94: The motion to pass Bill 94 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Okay, into Reports, Mr. Clerk, PC-44. PC-44 NOMINATION OF TRISTIE K. LICOAN TO THE SOUTH KOHALA (Comm. 685): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), Hawaiʻi County Charter) Motion to Approve: Mr. Richards moved to adopt Planning Committee Report No. 44. Seconded by Ms. David. CHR. POINDEXTER: Any discussion? Council Member Richards. MR. RICHARDS: Just real quick, these four coming forth are for the South Kohala CDP (Community Development Plan) Action Committee. This will staff us up nicely so I ask for your support. CHR. POINDEXTER: Thank you very much. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on PC-44: The motion to adopt Planning Committee Report No. 44 (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Okay, PC-44 is approved. Mr. Clerk, PC-45. Page 37 Hawaiʻi County Council-31 February 7, 2018 PC-45 NOMINATION OF KEVIN MCLAUGHLIN TO THE SOUTH KOHALA (Comm. 686): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on PC-45: Ms. O’Hara moved to adopt Planning Committee Report (Adopted) No. 45. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, PC-46. PC-46 NOMINATION OF J WILLIAM SANBORN TO THE SOUTH KOHALA (Comm. 687): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on PC-46: Mr. Richards moved to adopt Planning Committee Report (Adopted) No. 46. Seconded by Ms. O’Hara and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Mr. Clerk, PC-47. PC-47 NOMINATION OF RUTH ANNETTE SMITH TO THE SOUTH KOHALA (Comm. 688): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), Hawaiʻi County Charter) Page 38 Hawaiʻi County Council-31 February 7, 2018 Vote on PC-47: Mr. Richards moved to adopt Planning Committee Report (Adopted) No. 47. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Okay, PC-47 is filed. Referrals for Executive Session, Council Member Eoff. MR. MAEDA: I’m going to read that in, Chair. CHR. POINDEXTER: Go ahead, read the communication in. Sorry. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 720: JONATHAN KIMO SANTIAGO VS. COUNTY OF HAWAIʻI, ET. AL.; CIVIL NO. 16-00583 DKW-KSC (NON-MOTOR VEHICLE TORT) From Deputy Corporation Counsel Andrew D. Son, dated January 19, 2018, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. Vote on Motion to Ms. Eoff moved to enter into Executive Session in order Enter into Executive to hold attorney-client privilege discussion regarding Session: Communication 720, as authorized by Section 92-5(a)(4) (Approved) of the Hawaiʻi Revised Statutes. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members Chung and Lee Loy – 2. Excused: None. CHR. POINDEXTER: Okay, we’re going into executive session. Recess: At 11:52 a.m., the Chair called for a recess to allow the Clerk to clear the room. Reconvene: The meeting reconvened at 11:59 a.m. Page 39 Hawaiʻi County Council-31 February 7, 2018 CHR. POINDEXTER: Okay, I would like to call this meeting back to order. We are now out of executive session and we’re on Communication 720. Can I have a motion to concur with the recommendations of Corporation Counsel? Vote on Motion to Ms. Eoff moved to concur with the recommendation of Concur: of Corporation Counsel regarding Comm. 720. Seconded (Approved) by Mr. Richards and carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. POINDEXTER: Okay, so motion is approved. Mr. Clerk, is there anything—? Everything, okay. 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 40 Hawaii County Council-31 February 7, 2018 ADJOURN- There being no further business, at 12:00 p.m., Ms. O'Hara moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, O'Hara, Richards, Ruggles, and Chair Poindexter— 8. Noes: None. Absent: Council Members Lee Loy— 1. Excused: None. CHR. POINDEXTER: This meeting is adjourned. Council Approval: MAR 2 8 2018 a 1 CO Y CLE SM/jm Page 41