HomeMy WebLinkAboutMIN COUNCIL 2018-03-28 2016-2018
Hawai‘i County Council
th
34 Session
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
March 28, 2018
INVOCATION: Reverend Ramesh Martin Devadoss of St. Michael’s Catholic Church gave the
morning’s invocation.
CALL TO The regular meeting of the Hawai‘i County Council was called to order at
ORDER: 9:09 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting
Chair.
ROLL CALL:
Present: Ms. Valerie T. Poindexter, Chair
Ms. Karen Eoff, Vice Chair
Mr. Aaron S. Y. Chung, Member (via videoconference from Hilo)
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. David led the Council in the Pledge of
Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES OF
MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
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.
Hawai‘i County Council-34 March 28, 2018
Cory Harden: Res. 519-18 (Comm. 782), comment (see Comm. 782.1);
Res. 522-18 (Comm. 783), comment (see Comm. 782.1);
Res. 542-18 (Comm. 813), comment (see Comm. 813.1); and
Bill 113 (Comm. 780), comment (see Comm. 780.3).
Bobbye St. Ambrogio: Res. 531-18 (Comm. 802), in support;
(representing Neighborhood Res. 532-18 (Comm. 803), in support; and
Watch – Citizen Corps) Res. 533-18 (Comm. 804), in support.
Paul Kuykendall: Bill 115 (Comm. 786), in opposition.
Dave Kisor: Bill 115 (Comm. 786), in opposition.
Nama Manuel: Res. 530-18 (Comm. 801), in support.
Hugh Ono: Bill 98, Draft 2 (Comm. 712.2), comment (see Comm. 712.4).
(representing the Hawai‘i
County Salary Commission)
Florence Ikeda: Bill 98, Draft 2 (Comm. 712.2), in opposition.
(representing the Hawai‘i
County Salary Commission)
Abolghassem Abraham Res. 534-18 (Comm. 805), comment;
Sadegh: Res. 536-18 (Comm. 807), comment;
Res. 543-18 (Comm. 815), comment;
Bill 98, Draft 2 (Comm. 712.2), comment;
Bill 113 (Comm. 780), in support; and
Bill 114 (Comm. 781), comment.
Luana Jones: Bill 115 (Comm. 786), in opposition.
Robert Patricci: Bill 115 (Comm. 786), in opposition.
(representing Puna Pono
Alliance)
Chuck Flaherty: Res. 522-18 (Comm. 783), comment.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
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Hawai‘i County Council-34 March 28, 2018
Vote on Approval of Ms. Poindexter moved to approve the Minutes of July 7,
Minutes: 2016. Seconded by Ms. David and carried by the following
(Approved) voice vote:
Ayes: Council Members David, Kanuha, Lee Loy,
O’Hara, Poindexter, Ruggles, and
Acting Chair Eoff – 7.
Noes: None.
Absent: Council Members Chung and Richards – 2.
Excused: None.
Vote on Approval of Ms. Poindexter moved to approve the Minutes of
Minutes: February 7, 2018. Seconded by Ms. David and carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Richards – 1.
Excused: None.
COMMUNI-The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
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:
Res. 519-18: ACCEPTS PAYMENT OF IN-LIEU FEE IN THE AMOUNT OF $23,600 BY
WAINANI 42 LLC TO PARTIALLY SATISFY CONDITION “L” OF
ORDINANCE NO. 98-66
Partially satisfies the affordable housing requirement for the development of
stnd
50 units for Phase II of this development project, located at Puapua‘a 1 and 2,
North Kona, covered by Tax Map Key: 7-3-010:027.
Reference: Comm. 782
Intr. by: Ms. David (B/R)
Approve: FC-86
Motion to Approve: Ms. David moved to adopt Res. 519-18 and Finance
Committee Report No. 86. Seconded by Mr. Kanuha.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Mr. Gyotoku is here at the table. Sir, could you please
introduce yourself for us? And then I know we have some questions, based on
testimony. You can go ahead.
(Note: At this time, Housing Administrator Neil Gyotoku came forward
to address the members of the Council.)
MR. GYOTOKU: Good morning. My name is Neil Gyotoku. I’m the Housing
Administrator. And I’m open for any questions that you may have right now.
ACTING CHR. EOFF: Okay, thank you very much. Council Members, any
questions? Mr. Kanuha.
MR. KANUHA: Thank you, Madam Chair. Hello, Neil. I assume you read the
paper yesterday, and there’s some concern over with these conditions made so
long ago, that these amounts kind of—well, my question basically is, is there any
timeline within these conditions? Some of these were made in 2001. The next
one we were going to have was made in 1988. Sometimes you wonder, is there
any finish date? You have to get these done by a certain time? Because, now
we’re dealing with, some of these things that were made 20 years ago and they
might not be relatable to what it is today in terms of housing amounts or
affordable housing type situations. So, that’s kind of the question that, not really I
had but the community had, and the paper kind of also stated as well.
MR. GYOTOKU: Let me explain. The in-lieu fees provision was deleted in
August 2011. What it did was it eliminated all those affordable housing
agreements that is going to be passed after that. So, there were no agreements
made after that. These agreements were made prior to that elimination of the
in-lieu fee. It’s based on the number of units. For example, Wainani, the
agreement was to build 200 units, and they agreed to pay X number of dollars.
Phase I, 2007, they paid $23,128. And this year July they paid $23,600 for
Phase II, which is about 50 units. So, right now they’re maybe halfway. So if
they continue to build, they would be paying that affordable housing in-lieu fee
that was agreed upon when it first was made.
MR. KANUHA: So, understanding that the conditions were made prior to and
they don’t do this type of situation anymore. Am I correct?
MR. GYOTOKU: Right, correct.
MR. KANUHA: And there’s nothing we can do to change these conditions
because of the agreement made back in 2001?
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Hawai‘i County Council-34 March 28, 2018
MR. GYOTOKU: The agreement was made through the Housing Agency and
County Council. I don’t think we can change that. All we’re doing is accepting
the in-lieu fee payments and putting it into the revolving fund like that.
MR. KANUHA: Okay, I yield.
ACTING CHR. EOFF: Thank you. Ms. Poindexter.
MS. POINDEXTER: Thank you, Madam Chair. What if we refuse it? I mean
it’s absurd that it’s that amount, but what if we refuse it?
MR. GYOTOKU: You refuse to accept the monies?
MS. POINEXTER: Yeah, and tell them that they have to give the 50 units of
affordable housing for the people.
MR. GYOTOKU: They still can build it, as far as I believe, under the agreement
that was made in 1988.
MS. POINDEXTER: And they would have to make that 50 units affordable?
MR. GYOTOKU: Whether we accept the payment, I mean, as far as I can tell—
MS. POINDEXTER: But will that force them to make it 50 affordable units?
MR. GYOTOKU: That’s a legal question, but I don’t think we can force them
not to build by not accepting.
MS. POINDEXTER: Yeah, I mean, I’m saying that they can build, but I’m
saying that the money that they’re paying to get out of affordable—
MR. GYOTOKU: I think what you’re trying to say is maybe we can increase the
in-lieu fees, but that will be changing the agreement that was already made and I
don’t think we can go back there and change it.
MS. POINDEXTER: What percentage was affordable on the 50 units?
MR. GYOTOKU: I’m not sure, as far as percentage was made, but right now
under Chapter 11, 20 percent of the units have to be affordable housing.
MS. POINDEXTER: Right.
MR. GYOTOKU: So any developer comes into our office under Chapter 11 will
have to provide at least 20 percent of their units for affordable housing.
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Hawai‘i County Council-34 March 28, 2018
MS. POINDEXTER: So, this is in exchange of that, that they don’t have to do it.
MR. GYOTOKU: That’s basically it was and I think, if I remember correctly,
one of my community development specialists was saying that at first it was too
cheap, then they went too much, and then actually they did away with the in-lieu
fees after that. But it’s to encourage developers to provide affordable housing to
the community. That was the intent of the provision.
MS. POINDEXTER: Right, but this is getting out of it now, in a very cheap way.
So, sometimes waiting on the housing market, they benefit from waiting and—
MR. GYOTOKU: When they made the provision, I don’t think they had like the
inflation factor as far as what is the cost of the housing at the time. When they
made the in-lieu fees—
MS. POINDEXTER: Right. So now they’re going to have these 50 units.
They’re going to make a lot of money from it. I think they can do affordable, and
if there was a way to say, “No, we’re not taking this. You build a percentage of
affordable,” I would love to see that. But anyway, that’s just my thoughts. I’ll
yield at this time.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Thank you, Chair Eoff. Aloha, Mr. Gyotoku. And I just have a
question. Do you know how many more of these types of situations are we faced
with? And I know maybe you don’t have that information but it really will have
an impact on how we move forward with these things. And I understand it’s a
done deal, it’s been made. But how many more do you think of these types of—
MR. GYOTOKU: I think there may be about four or five developments that may
continue to, as far as pay the in-lieu fees. These were agreements made prior to
2011.
MS. DAVID: Right.
MR. GYOTOKU: We were trying to get a handle, as far as my office, to get an
exact number of how much more that they would be doing and coming in for,
yeah. Right now, I don’t believe it’s more than four or five.
MS. DAVID: Okay. Thank you very much. I yield.
ACTING CHR. EOFF: Are there any other comments or questions, Council
Members? Mr. Richards
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Hawai‘i County Council-34 March 28, 2018
MR. RICHARDS: Thank you, Chair. I think our Chair, Val, posed a question. I
think it’s an interesting question, but I think that’s a legal question. And so I
think maybe some advice from our Corp. Counsel. Mr. Kamelamela, could you
come up, please?
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good morning, everybody; Chair and members of the
County Council, even Aaron in Hilo. Okay so, ask your question first.
MR. RICHARDS: Thank you, Mr. Kamelamela, for coming up.
Chair Poindexter raised an interesting question. I think I know the answer, but
listening to the conversation, Councilman Kanuha pointed out that there’s a fervor
coming from the communities concerning payment-in-lieu contracts. And I
believe they’re contracts that were struck many years ago. And I think the
question as posed—and my question is changing that contract but changing what
we want to do with those contracts. Today, we’re here to accept the payment of a
contract. And if we want to change that, we have to go back and change the
contract, which I think it opens up the liability. I’d like your opinion of that,
please.
MR. KAMELAMELA: It’s a very simple one. I’m going to say, yes, it’s going
to open us up because a lot of these agreements/contracts were at a time where
there was a meeting of the minds. So if we were to change it, that’s going to
create a lot of these questions and, yes, there’s liability issues to consider. And
most likely we won’t win.
MR. RICHARDS: Okay. Thank you, Joe. I appreciate that. So I think that kind
of summarizes the conversation and understanding that this is something that
happened years ago and we just have to work through the end; not happy about it
but that’s what agreements, meeting of the minds some time ago. And to your
knowledge, it’s about another dozen or so of these agreements that are out there?
MR. GYOTOKU: I believe there’s about four or five still outstanding that they
have, they can build more units and contribute the in-lieu fees. But I will come
back to you folks with a definite answer as far as how much.
MR. RICHARDS: Yeah. I’d like to request a list of that and then just know
what’s ahead of us. So at this point, I yield. Thank you.
ACTING CHR. EOFF: Thank you, Mr. Richards. Any other comments,
questions, Council Members? Before we take a vote, I would just like to ask then,
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Hawai‘i County Council-34 March 28, 2018
what you explained was that since 2011, this in-lieu option has been eliminated
and so now developers would need to provide 20 percent affordable housing
units?
MR. GYOTOKU: Yes. They have to earn housing credits equal to 20 percent of
the development. So if their development, like a hundred lots, then 20 percent has
to be affordable housing for our residents.
ACTING CHR. EOFF: Thank you. Seeing no other questions or comments, all
in favor of approving Resolution 519-18, please say “aye.”
Vote on Res. 519-18: The motion to adopt Res. 519-18 and Finance Committee
(Adopted) Report No. 86 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 522-18: ACCEPTS FINAL PAYMENT OF IN-LIEU FEES IN THE AMOUNT OF
$50,000 BY KW KONA INVESTORS, LLC, TO SATISFY CONDITION “B”
OF ORDINANCE NO. 87-113
Completes payment on a $100,000 in-lieu fee affordable housing requirement to
allow for the development of 50 hotel units at Ka‘ūpūlehu, North Kona, covered
by Tax Map Key: 7-2-010:010.
Reference: Comm. 783
Intr. by: Ms. David (B/R)
Approve: FC-89
Motion to Approve: Ms. David moved to adopt Res. 522-18 and Finance
Committee Report No. 89. Seconded by Mr. Richards.
ACTING CHR. EOFF: Discussion, Council Members? Ms. O’Hara.
MS. O’HARA: Okay, thank you, Chair. Yeah, both of these cases bring to light
some very troubling information, and it has to do with the way we had operated
for years. And I’m glad that we’ve at least changed that with regard to affordable
housing. But we often are sitting on funding that was paid in advance and can be
as long as 30 years ago for other things because of the way we collect fair share
for the different buckets: police, the parks, infrastructure, roads and that sort of
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thing. And I don’t know why nobody ever considered that in doing so, we were
shorting ourselves out. Because, holding on to $50,000 paid in 1987 or ’88—I
think I see it was paid ’88. In today’s dollars, they’d have to pay $108. That’s
how the difference of the value of the dollar has changed.
Furthermore, I don’t know how we could have ever built, even in 1987, affordable
units for $12,500. That just wasn’t real then. So it’s just troubling that we’re
stuck with these age-old agreements that we cannot modify and bring up to
current value in terms of providing affordable housing, which is something we
desperately need. And I’ve been trying to think of some way that we can
maneuver through this, but it’s just not right that the County has to take this hit on
this. And we’re falling further and further behind with affordable housing with
every kick in the butt we experience here with these very old agreements. So I
just—that’s not really a question for you; it’s just a comment. I’m still pondering
what we could do to rectify this situation. Thank you.
ACTING CHR. EOFF: Thank you, Ms. O’Hara. Any other comments?
Mr. Kanuha?
MR. KANUHA: Just to reiterate the concerns we had for both of these ones.
This one is definitely one of those that, at the time, it might have been acceptable
to the County and whoever was going through these contracts. And now, we
know the—I mean, we see today in our minds or my mind the failure of what
happened, but at least we’re seeing these. And for sure this one is completely
unacceptable, but it’s hard to deal with these and—but we’re kind of put in a bind;
this was done 30 years ago. It’s just hard to see these things come up. But at
least we know that we’re not doing that currently, and I guess that’s a bonus in
my mind that this kind of stuff won’t happen at least on our watch. So, thanks.
ACTING CHR. EOFF: Ms. David
MS. DAVID: Yes, and I just want to, since we’ve got two of them today dealing
with the same subject, is that I really feel that this is like an eye opener for this
body because the reality is in Kaupulehu $50,000 is like five bucks in today’s
numbers. So, it’s really, the inequity is huge. So, I think being aware of that
bringing this forward is something that’s an eye opener for this body, and I think
we might move forward to try to rectify that somehow in whatever we do. I know
the 2011 deletion helped. So, we’ve got four or five more. I just want to find out
where in what districts we have those. Thank you.
MR. GYOTOKU: I will get you that list for sure.
MS. DAVID: Thank you very much. I yield.
ACTING CHR. EOFF: Thank you. Any other questions? Ms. Poindexter.
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Hawai‘i County Council-34 March 28, 2018
MS. POINDEXTER: Thank you, Madam Chair. I’m just hoping that the
developers are watching and listening to what we have to say, and somehow
figure out a way to give back to their community because they’re getting a
bargain off of the backs of our taxpayers. So, I’m hoping that some kind of
discussion can go on and just, whether it just be out of good faith, what can they
do to help that community. I hope the developers will take that into
consideration. I yield at this time.
ACTING CHR. EOFF: Okay, thank you. Ms. O’Hara, did you have another
comment?
MS. O’HARA: Yes, I do. Is Finance available in Hilo? I don’t know. Is anyone
from Finance in the Chambers? Maybe Mr. Chung can answer.
MS. GOODENOW: There’s no one from Finance in the Chambers.
MR. CHUNG: No.
MS. O’HARA: Okay. My question is, the fair share contribution system as
we’ve applied, it is kind of quasi-legal to begin with. There’s been questions
about it all along. It is very different than an impact fee system. I’m just curious,
when we received said monies and we received 50,000 in ’87, where does that
money reside? Is it in an interest-bearing account? Maybe you can answer, yeah?
Thank you.
MR. GYOTOKU: Well, I’m not sure if it’s an interest-bearing account—I’m
pretty sure it is—but it goes into the revolving fund and those monies can be used
for projects that are in the vicinity of those that contributed too. For example, if I
needed monies to, let’s say, renovate a project in the Kona area, I can use part
those monies to do that. If we needed to do infrastructure development for
projects within the Kona area, we could use part of those monies to do that.
MS. O’HARA: So in answer to the question, it is in an interest-bearing—
MR. GYOTOKU: It’s in the Revolving Fund.
MS. O’HARA: Okay.
MR. GYOTOKU: And the last time I came before you, I said there’s
approximately about a million dollars in the Revolving Fund.
MS. O’HARA: And is this strictly for affordable housing?
MR. GYOTOKU: It’s supposed to be strictly for affordable housing.
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MS. O’HARA: Okay. Thank you for that information.
ACTING CHR. EOFF: Any other comments, Council Members?
MR. CHUNG: Yes, I have one.
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: Thank you. It’s very interesting how this matter has generated a
lot of discussion after the newspaper article. So, hats off to our local newspaper
writer. But since this has evolved into a broader discussion of affordable housing,
I’d just like to give my two cents if possible.
I see a lot of my colleagues are offended by having to approve this. It’s
something that was contained in an ordinance many, many years ago. But I think
what we have to look at is how successful our current affordable housing
requirements and programs are in developing affordable housing, because I
believe that affordable housing is both a misnomer and at times misleading.
What happens is many times it hampers developers from developing their
properties in a timely manner. And at some point, you see, if you’re subsidizing
affordable housing, so-called affordable housing, then at the same time that must
mean you have to increase the prices someplace else for the developers to recoup
that amount. I mean, I think the popular notion is that we’re skimming; we’re
going to be skimming off of their profits. But oftentimes, that’s not the case. So I
think that’s something we have to look at.
And I think the way that we require them to glut the market with affordable
houses sometimes creates absorption problems. So, it really needs—let’s not go
with knee-jerk reactions here. I think we need to really look at the program and
see if it is in fact successful, and we have to look at statistics. Because, I think it’s
really not that successful in my opinion. It has a hampering effect. It makes the
cost of housing more greater, just my humble opinion. Thank you.
ACTING CHR. EOFF: Okay, thank you, Mr. Chung. Any other comments?
Okay, seeing none, thank you very much for being here and hopefully we do take
a better look at our current process for affordable housing. Obviously, we are in
need of really affordable housing. So, I think this does wake us up to that issue
and thank you for explaining to us.
MR. GYOTOKU: I think Mr. Chung is very correct that the present policy makes
it very difficult for developers to make the numbers work and provide the
affordable housing component. Somehow, they have to pass on the cost of the
affordable housing unless they can get some type of government subsidies
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through financing. They have to pass on the cost of those affordable housing to
the other properties, so they will inflate the market value of those properties—of
that subdivision for development.
ACTING CHR. EOFF: Interesting. Okay, then go ahead and take a vote on
Resolution 522. All in favor, please say “aye.”
Vote on Res. 522-18: The motion to adopt Res. 522-18 and Finance Committee
(Adopted) Report No. 86 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Bill 114: 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 – Housing Choice Voucher Program
account ($2.5 million); and appropriates the same to the Voucher Rental Subsidies
account, for a total appropriation of $17.5 million. Funds would be used for
payment of rental assistance for eligible participants.
Reference: Comm. 781
Intr. by: Ms. David (B/R)
Approve: FC-91
Motion to Approve: Ms. David moved to pass Bill 114 on first reading and adopt
Finance Committee Report No. 91. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any discussion or questions?
MS. DAVID: Well, I just wanted to note, and I know Mr. Gyotoku is here, but at
the Committee level we had a unanimous vote for this one too. But if anyone has
questions. I’ll yield.
ACTING CHR. EOFF: Thank you. Seeing no other questions or comments, all
in favor please say “aye.”
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Vote on Bill 114: The motion to pass Bill 114 on first reading and adopt
(Approved) Finance Committee Report No. 91 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 114 moves to second reading with a positive vote.
Bill 122: AMENDS CHAPTER 2, ARTICLE 39, SECTION 2-194 OF THE HAWAI‘I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
PROGRAM
Allows the County to accept State funds for the WIOA program.
Reference: Comm. 814
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 122 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion, questions?
MS. DAVID: Mr. Gyotoku, you folks requested a waiver of this. Could you
please explain that if you will? Mahalo.
MR. GYOTOKU: We wanted to amend the ordinance to include that we could
accept State General Funds. The State of Hawai‘i provided $15,000 to fund the
program through our office, but we couldn’t accept the money because the
ordinance stated only Federal and County funds. So, we wanted to change the
ordinance so we could accept the $15,000 and hopefully expend it by June 15—
June 30, I’m sorry.
ACTING CHR. EOFF: Thank you. Any other comments or questions? Seeing
none, all in favor please say “aye.”
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Hawai‘i County Council-34 March 28, 2018
Vote on Bill 122: The motion to pass Bill 122 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 122 moves to second reading.
Bill 109: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 15,000 SQUARE
FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET
(RS-10) AT WAIĀKEA HOMESTEADS, SOUTH HILO, HAWAI‘I, COVERED
BY TAX MAP KEY: 2-4-010:028
(Applicant: OYS Properties, LLC) (Area: approx. 21,815 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to subdivide the property
into two lots. The applicant intends to build a new dwelling on the newly created
lot and retain the existing dwelling on the other lot.
Reference: Comm. 753
Intr. by: Ms. Eoff (B/R)
Approve: PC-52
Motion to Approve: Ms. David moved to pass Bill 109 on first reading and
adopt Planning Committee Report No. 52. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Mr. Kern, would you like to come forward with the
applicant?
(Note: At this time, Zendo Kern, applicant’s representative, came forward
to address the members of the Council.)
MR. KERN: Good morning, Madam Chair and fellow Council Members. I’m
Zendo Kern, a planning consultant representing the applicant.
ACTING CHR. EOFF: Good morning. I know we had a brief discussion in
Committee, but would you just like to summarize before we take a vote?
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Hawai‘i County Council-34 March 28, 2018
MR. KERN: Yeah, we had a brief discussion. This is a very simple rezoning
from Residential (RS-15) to 10,000 square feet so the applicant can subdivide the
property and build an additional home on the property. There was a question that
came up by Council Member Lee Loy at the Planning Committee meeting
regarding the ‘ohana permit that will be revoked once this is approved. It was not
recorded against the property on the deed. I checked the title report and it’s not
there. And what it was is actually an ‘ohana dwelling permit that they got over
ten years ago and the home was never built. It was a permit to build, basically,
another home on the property; it never happened. So, it makes sense to have that
revoked, and it will be done and that will be it. So yeah, very simple. We have
not had any complaints, no issues, very non-controversial.
ACTING CHR. EOFF: Okay, thank you. Any questions, Council Members, for
Mr. Kern? Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Zendo, for clarifying that. We
heard a lot of discussion about trying to satisfy conditions of zoning. And so, I
just want to be clear that you guys will be able to achieve that, and thank you for
that clarification.
MR. KERN: Oh, absolutely. Thank you so much.
MS. LEE LOY: I yield.
ACTING CHR. EOFF: Okay. Seeing no other questions or comments, all in
favor please say “aye.”
Vote on Bill 109: The motion to pass Bill 109 on first reading and adopt
(Approved) Planning Committee Report No. 52 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 109 will move to second reading
with a positive vote. Thank you.
Recess: At 10:23 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:32 a.m.
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Hawai‘i County Council-34 March 28, 2018
Announcements: Mr. Chung introduced two visiting students from Sister City Yurihama: Sawako
and Anne Viyo. Mr. Chung also introduced Gaia, whose family is housing one of
the students.
Bill 98 INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-28 OF THE
(Draft 2): HAWAI‘I COUNTY CHARTER (2016 EDITION), RELATING TO THE
SALARY COMMISSION
Requires that at least 30 days prior to the approval of any salary adjustment, the
salary commission submit copies of a detailed report of its findings and
conclusions to the Office of the County Clerk and Office of the Mayor, publish a
notice that said report is available for public inspection and include in the notice a
detailed account of proposed salary increases or decreases, and hold at least one
public hearing in either East or West Hawai‘i using video conference technology
to allow for participation from both East and West Hawai‘i. Also requires that
any increase or decrease of more than 10 percent be approved by a two-thirds vote
of the entire membership of the commission.
Reference: Comm. 712.2
Intr. by: Ms. Lee Loy
First Reading: March 14, 2018
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai‘i County Charter
Motion to Approve: Ms. Lee Loy moved to pass Bill 98, Draft 2, on the second
of three readings. Seconded by Mr. Richards.
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. And thank you to Mr. Ono and Ms. Ikeda for
coming forward. I’m actually really pleased that their testimony just really
identified a lot of what we heard as Council Members and the frustration that the
community was expressing. And I’m actually happy that they did listen and that
they are putting forward their own internal administrative rules.
But what we have before us is a ballot initiative. And this is about giving our
electorate the ability to make the decisions for themselves. I’m going to continue
to urge my colleagues to support this because in the future those administrative
rules could change too. But at least this—this is a Charter amendment. This is
the Bible of our County, and this is going to be a placeholder for the future. So
with that I yield, but I do urge the rest of my colleagues to continue to support
this.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Okay, thank you. And I have a note that Deanna Sako is
in the Hilo Chambers, as well as Amy Self. Okay, Council Members, discussion.
Any questions or comments? Mr. Chung did you have a comment? No? Okay.
Mr. Richards.
MR. RICHARDS: I’ll just weigh in real quick. I think Councilwoman Lee Loy
points out that when the raises came forth, we had quite a ground swell from our
constituency being very concerned. And I think this is a very valid way to ask the
constituency, “Do you want to weigh in?” They may not note this forward, but
they have the opportunity to vote this forward. And so, I think it’s a good checks
and balance in place; it allows the constituency to weigh in. So, I support it.
Thank you.
ACTING CHR. EOFF: Thank you. Ms. O’Hara.
MS. O’HARA: Thank you, Chair. I also support this for the reasons that were
stated because the public took notice of what the Salary Commission did. And
the Salary Commission did their job. I’m not saying that anything was wrong
there. And they’re continuing to do their job in revising the rules. And I very
much appreciate the testimony that came forward. They are being responsive to
the concerns that had been made public about what turned out to be a maybe one
time but very serious increase in the salaries that was concerning to everyone
including myself. I was shocked.
So I think it’s important that the public has an opportunity to weigh in, modify,
and ensure that the process moving forward—even though the rules have been
changed by the Commission itself in order to make the public more aware of their
processes. I think it’s good that the public gets to weigh in through this proposed
Charter amendment and decide for themselves how much transparency they want
to see in the whole process. So I do support this moving forward.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Mr. Chung.
MR. CHUNG: I’m also going to be supporting it as I have done over the last few
readings. But I wanted to really credit Mr. Ono and Ms. Ikeda and other members
of the Salary Commission for their conscientiousness in responding to the
concerns that have been raised by both the public and the Council. I don’t view it
as being a lost exercise, Hugh, because a lot of the criteria that you guys
developed can actually be used henceforth by the Commission if and when this
Charter amendment is passed.
And Abraham brought up an interesting point, which has concerned me for some
time too. It’s that the binding nature of the Salary Commission’s decision, and I
think that’s what it was intended to be because they wanted to eliminate politics
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Hawai‘i County Council-34 March 28, 2018
from the equation. But I think that’s why it might be better to go with the Charter
Commission route right now. That’s just my feelings. Thank you again for
working so hard.
MR. ONO: May I please?
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: I’m through but Mr. Ono wants to say something.
ACTING CHR. EOFF: Mr. Chung, did you want to bring Mr. Ono back up?
MR. CHUNG: He’s here.
ACTING CHR. EOFF: Okay. Did you have a question for him?
MR. CHUNG: No, he wanted to speak. Can you hear me?
ACTING CHR. EOFF: Go ahead.
(Note: At this time, Hugh Ono, representing the Hawai‘i County Salary
Commission, came forward to address the members of the Council.)
MR. ONO: I just wanted to mention that we’re going to do what we have to do
clearly, but it’s interesting because we’ve already started the process of going to
begin to amend the administrative rules. And you know what? They’re so old,
they’re not in any format that is editable. So what has to be done, they have to be
recreated in a Word format so that they can be edited. And so, our Deputy
Corporation Counsel Amy Self is working in concert with the Department of
Human Resources to recreate that so that it can be edited. In the end, you as the
County Council will have to do what you have to do, and we as the Salary
Commission will do what we have to do. But in the end, I know that our hearts
are in the same place. And so, thank you for this opportunity for just allowing the
Salary Commission to represent itself in this process. Mahalo.
ACTING CHR. EOFF: Thank you, Mr. Ono. Ms. David.
MS. DAVID: Mahalo, Chair. And, Mr. Ono, I really would like to thank you for
coming forward, not only today but beforehand to explain to this body the whole
process, which I really appreciated. And I look at this, where we are today at
second and final reading on Ms. Lee Loy’s Charter amendment, as a combined
effort for the betterment of our communities as a whole and being very open in
the process.
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Hawai‘i County Council-34 March 28, 2018
And I appreciate the fact also that your rules that you are right now revising was
long overdue as much as some of our other rules. And I hope we look, or this
body or the Administration looks at other commissions and their rules to see if we
can actually make things better. And I think you and the Salary Commission have
set a standard through this whole process that I appreciate, because I think our
duties are guided by processes and the law. So, I appreciate everything that
you’ve done and your commission has done. So, thank you. Aloha.
ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in
favor please say “aye.”
Vote on Bill 98: The motion to pass Bill 98, Draft 2, on the second of three
(Draft 2) readings was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 98, Draft 2, is adopted. Correct, or is there one
more?
MR. HENRICKS: No, Madam Chair, this is the second of three required
readings. So, one more reading.
ACTING CHR. EOFF: Okay, thank you. We’ll have one more reading, and at
this time Bill 98, Draft 2, moves to a final reading. Okay, thank you. And I’m
sorry I neglected Bill Hanson; Civil Defense is waiting. So, let’s try to take
Resolutions 531 through 533, but starting with 531.
Res. 531-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR EXPENSES RELATED TO THE
CIVIL DEFENSE AGENCY’S PROJECT 360
Transfers $800 from the Clerk-Council Services – Contingency Relief account
(Council District 4); and credits to the Civil Defense Agency, Other Current
Expenses account.
Reference: Comm. 802
Intr. by: Ms. O’Hara
Motion to Approve: Ms. O’Hara moved to adopt Res. 531-18. Seconded by
Mr. Richards.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Any discussion?
MS. O’HARA: We’ve heard about the program and how important this will be
for all of our communities. I’m really glad to see others also chiming in and
giving to the Project 360, which is under the Civil Defense and part of the CERT
(Community Emergency Response Team) program. So just ask for your support.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say “aye.”
Vote on Res. 531-18: The motion to adopt Res. 531-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 531 is adopted.
Res. 532-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST THE CIVIL DEFENSE
AGENCY WITH EXPENSES RELATING TO PROJECT 360
Transfers $898 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Civil Defense Agency, Other Current
Expenses account.
Reference: Comm. 803
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 532-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: No, I just ask for your support for this very worthy cause. Mahalo.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say “aye.”
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Hawai‘i County Council-34 March 28, 2018
Vote on Res. 532-18: The motion to adopt Res. 532-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 533-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR EXPENSES RELATED TO THE
CIVIL DEFENSE AGENCY’S PROJECT 360
Transfers $800 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Civil Defense Agency, Other Current
Expenses account.
Reference: Comm. 804
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 533-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion? No? I’ll just add that I believe I have a
similar reso coming up next time to contribute to this project, and thank you
everybody. All in favor, please say “aye.”
Vote on Res. 533-18: The motion to adopt Res. 533-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawai‘i County Council-34 March 28, 2018
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 503-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO DARE
HAWAI‘I FOR THE 2018 DARE DAY CELEBRATION EVENT IN
EAST HAWAI‘I
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 762
Intr. by: Mr. Chung
Postponed: March 14, 2018
Motion to Approve: Mr. Chung moved to adopt Res. 503-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any comments or discussion? Seeing none, all in favor
please say “aye.”
Vote on Res. 503-18: The motion to adopt Res. 503-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
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Hawai‘i County Council-34 March 28, 2018
Res. 520-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF REAL PROPERTY FOR THE COUNTY OF HAWAI‘I OFFICE OF THE
LEGISLATIVE AUDITOR
Authorizes the Mayor to enter into a five-year lease agreement with New Kaiko‘o
Building, Inc., beginning May 1, 2018, with an option for a five-year extension,
for space in the Bank of Hawai‘i Building located at 120 Pauahi Street, Hilo. The
expected cost of this lease is $1,838.20 per month.
Reference: Comm. 785
Intr. by: Ms. David (B/R)
Approve: FC-87
Motion to Approve: Ms. David moved to adopt Res. 520-18 and Finance
Committee Report No. 87. Seconded by Ms. Lee Loy.
ACTING CHR. EOFF: Is there any discussion? Seeing none, all in favor please
say “aye.”
Vote on Res. 520-18: The motion to adopt Res. 520-18 and Finance Committee
(Approved) Report No. 87 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 521-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR FIVE DIGITAL MULTI-FUNCTION COPY MACHINES FOR THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement for five copiers at
an approximate monthly cost of $300 each. Four copiers would replace units at
various Solid Waste scalehouses and baseyards and one copier would be used at
the Pu‘uanahulu scalehouse.
Reference: Comm. 784
Intr. by: Ms. David (B/R)
Approve: FC-88
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Hawai‘i County Council-34 March 28, 2018
Motion to Approve: Ms. David moved to adopt Res. 521-18 and Finance
Committee Report No. 88. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say
“aye.”
Vote on Res. 521-18: The motion to adopt Res. 521-18 and Finance Committee
(Adopted) Report No. 88 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 529-18: APPROVES NOMINEE MASON K. CHOCK TO THE WESTERN
INTERSTATE REGION (WIR) BOARD OF DIRECTORS FOR THE
REMAINDER OF FISCAL YEAR 2017-2018
Kauaʻi County Council Member Mason K. Chock would succeed Council
Member Dru Kanuha, who resigned from this position on February 26, 2018.
Reference: Comm. 800
Intr. by: Mr. Kanuha
Waived: GREDC
Motion to Approve: Mr. Kanuha moved to adopt Res. 529-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Thank you. This is just to fulfill the last few months of the WIR
appointment. Council Member Chock from Kauaʻi is going to fulfill that just for
a few months and then we’re going to be coming out with, the next fiscal year,
new appointments for WIR, NACo (National Association of Counties), HSAC
(Hawai‘i State Association of Counties). That’s going to happen in June or July.
I forget when that the bylaws for HSAC says but that’s going to be coming
around that time where in which case we can try to get new appointments for the
NACo Board of Directors.
Hopefully we can get another presidential appointment on the board, so that will
give us more access to the national association. But for WIR, this is just to fulfill
the last few months of this current year and then we’ll go from there, work with
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Hawai‘i County Council-34 March 28, 2018
all you guys to see what we want to do in terms of representation on the WIR
Board and the NACo Board. So, that’s currently what’s happening. So, I ask for
your support on this.
ACTING CHR. EOFF: Okay, are there any questions, Council Members, or
comments? Seeing none, then all in favor please say “aye.”
Vote on Res. 529-18: The motion to adopt Res. 529-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 530-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
KEA‘AU COUGARS ATHLETIC BOOSTERS TO ASSIST WITH EXPENSES
RELATED TO KEA‘AU HIGH SCHOOL’S GRAD NIGHT 2018
Transfers $600 from the Clerk-Council Services – Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 801
Intr. by: Ms. O’Hara
(Note: Comm. 801.1, from Council Member Eileen O’Hara dated March 20,
2018, transmitting proposed amendments to Res. 530-18, was circulated.)
Motion to Approve: Ms. O’Hara moved to adopt Res. 530-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any comments, Ms. O’Hara?
MS. O’HARA: Yes. I need to amend the resolution with the contents of
Communication No. 801.1, and this is a change of the dollar amount.
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Hawai‘i County Council-34 March 28, 2018
Vote on Motion to Ms. O’Hara moved to amend Res. 530-18 with the conents
Amend: of Comm. 801.1. Seconded by Ms. Lee Loy and carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Now, as amended. Any discussion?
MS. O’HARA: I just ask for your support. I was able to give the amount
requested by Keaʻau High School for the grad night and we heard testimony on
this earlier. So, I ask for your support. Thank you.
MR. HENRICKS: Madam Chair, the amendment constituted more than a
typographical error. So according to our rules, we need to have a successful
motion to suspend Rule No. 24.
Vote on Motion to Ms. O’Hara moved to suspend Council Rule 24 to waive
Suspend Council the holdover for substantive amendment of Res. 530-18.
Rules: Seconded by Mr. Richards and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Carry on.
MS. O’HARA: Well, again, just asking for your support for this resolution.
Thank you.
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Hawai‘i County Council-34 March 28, 2018
Vote on Res. 530-18: The motion to adopt Res. 530-18, as amended to Draft 2,
(Draft 2) was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: The resolution is adopted, as amended.
Res. 534-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND
OF HAWAI‘I YMCA FOR THE WEST HAWAI‘I FAMILY VISITATION
CENTER PROGRAM
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 805
Intr. by: Ms. Eoff
Motion to Approve: Ms. David moved to adopt Res. 534-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: This is District 8 contingency funds I wanted to direct to
this program, which I think several of us have contributed to this too. So, I’m just
going to ask for your support. Thank you. All in favor, please say “aye.”
Vote on Res. 534-18: The motion to adopt Res. 534-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 534 is adopted.
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Hawai‘i County Council-34 March 28, 2018
Res. 535-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND
OF HAWAI‘I YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 7); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 806
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 535-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Comments?
MR. KANUHA: I’m happy to support. I ask for all of your support.
ACTING CHR. EOFF: All in favor say “aye.”
Vote on Res. 535-18: The motion to adopt Res. 535-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 536-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND
OF HAWAI‘I YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $1,500 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. 807
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 536-18. Seconded by
Ms. Lee Loy.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say
“aye.”
Vote on Res. 536-18: The motion to adopt Res. 536-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 536 is adopted.
Res. 537-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LĀLĀKEA
FOUNDATION FOR THE 2018 KA ‘AHA HULA ‘O HĀLAUAOLA
CONFERENCE
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 808
Intr. by: Mr. Chung
MR. CHUNG: Madam Chair, can I ask for this to be deferred to the next
meeting?
ACTING CHR. EOFF: Okay.
MR. HENRICKS: We would still need a main motion to approve and then a
motion to postpone.
Motion to Approve: Mr. Chung moved to adopt Res. 537-18. Seconded by
Mr. Richards.
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Hawai‘i County Council-34 March 28, 2018
Vote on Motion to Mr. Chung moved to postpone Res. 537-18 to April 11,
Postpone: 2018. Seconded by Mr. Kanuha and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 537 is postponed till April 11.
Res. 538-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LĀLĀKEA
FOUNDATION TO ASSIST WITH ITS KA ‘AHA HULA ‘O HĀLAUAOLA
2018 CONFERENCE
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Department of Research and Development,
Tourism Promotion.
Reference: Comm. 809
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 538-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Thank you. I’m really happy to be able to support this event in
particular. It’s put on by Lālākea Foundation whose mission is to perpetuate the
ancient art form of hula and other traditional Hawaiian cultural practices. And
this particular event will bring hula practitioners and other cultural practitioners,
not just from across our island but across the world. A lot of people from Japan
thrd
come to this event, which is a few days’ event from June 14 to June 23. And
this grant will help pay for the advertising and transportation costs. And I look
forward to your support. Thank you.
Oh, I also want to mention that the woman that has been spearheading this event
is Aunty Noe Noe Wong-Wilson who is the one that discovered the Kū‘ē
Petitions in Washington, D.C. So, I’m really happy to be supporting this. Thank
you.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in
favor please say “aye.”
Vote on Res. 538-18: The motion to adopt Res. 538-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 538 is adopted.
Res. 539-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
FRIENDS OF HOKULE‘A AND HAWAI‘ILOA FOR THE 2018 “MAHALO,
HAWAI‘I SAIL” EDUCATIONAL OUTREACH
Transfers $500 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 810
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 539-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Thank you. This would provide funds to the Mālama Honua
Worldwide Voyage to help pay for transportation costs in brining children from
the different schools in Puna to go and greet the Hokule‘a when it comes and
visits. And I just look forward to your support. Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments, Council
Members? Ms. Lee Loy.
MS. LEE LOY: Thank you. Ms. Ruggles, thank you. I am incredibly excited for
next week: Easter, Merrie Monarch, the Hokule‘a, and Haili Volleyball
Tournament all in Hilo. Everybody be patient with traffic. But thank you so
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Hawai‘i County Council-34 March 28, 2018
much. This is incredible for our children and Hokule‘a will be in Hilo for a
month. So there’s only a number of opportunities for this monies to be used for
our keiki to enjoy our canoe. Thank you.
ACTING CHR. EOFF: Thank you. Any other comments? I’d just like to add
it’s going to be incredibly exciting in Hilo, and I believe Hokule‘a will be there
for the entire month. And I’ll just add that currently Hokule‘a is here in
Kailua-Kona and over the weekend are community visitation days at the Kailua
pier. And this week’s students from our different schools in West Hawai‘i have
been able to visit and go onboard.
And I know the sail is to mahalo the community for their support for the Hokule‘a
and the worldwide voyage, but I’d like to also thank the crew and captain and all
of the organizers. It’s a big task to organize an event like this and to take care of
the canoe and all the people that they’re reaching out to. So, thank you and this is
a really important month for our island community. All in favor of
Resolution 539, please say “aye.”
Vote on Res. 539-18: The motion to adopt Res. 539-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, that was nine ayes.
Res. 540-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO
HĀMĀKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE
KAIWIKI COMMUNITY HEALTH AND WELLNESS EVENT
Transfers $4,400 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 811
Intr. by: Ms. Poindexter
(Note: Comm. 811.1, from Council Member Valerie T. Poindexter dated
March 28, 2018, transmitting proposed amendments to Res. 540-18, was
circulated.)
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Hawai‘i County Council-34 March 28, 2018
Motion to Approve: Ms. Poindexter moved to adopt Res. 540-18. Seconded by
Ms. David.
Motion to Amend: Ms. Poindexter moved to amend Res. 540-18 with the
contents of Comm. 811.1. Seconded by Ms. David.
MS. POINDEXTER: All it is is putting Wainaku into the name Wainaku Kaiwiki
Community Association, which is the official name that’s why.
ACTING CHR. EOFF: Okay, thank you.
MS. POINDEXTER: And I don’t think it’s large enough to suspend the Rule 24.
ACTING CHR. EOFF: Let’s check with the Clerk.
MR. HENRICKS: It’s not a typo.
MS. POINDEXTER: Okay, so I need to do it. Okay.
ACTING CHR. EOFF: May I have a motion to suspend Rule 24—
MR. HENRICKS: We need to take the vote on the amendment first so that if
that’s successful then we’ll need to suspend the rules. If it’s not then we don’t
need to.
ACTING CHR. EOFF: Okay. All in favor of amending Resolution 540 with the
contents of Communication 811.1, please say “aye.”
Vote on Motion to The motion to amend Res. 540-18 with the contents of
Amend: Comm. 811.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards,
and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
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Hawai‘i County Council-34 March 28, 2018
Vote on Motion to Ms. Poindexter moved to suspend Council Rule 24 to
Suspend Council waive the holdover for substantive amendment of Res. 540-
Rules: 18. Seconded by Ms. David and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards,
and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Motion carries. Back to the main motion.
Resolution 540, as amended by Communication 811.1, all in favor please say
“aye.”
Vote on Res. 540-18: The motion to adopt Res. 540-18, as amended to Draft 2,
(Draft 2) was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 540, as amended, is adopted.
Res. 541-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO BOY SCOUTS OF AMERICA
FOR A SCOUT CAMP AT PU‘U WA‘AWA‘A PRESERVE
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 812
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 541-18. Seconded by
Ms. O’Hara.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: Yeah, it’s self-explanatory. I just ask for your support.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Okay, thank you. Any other comments? All in favor
please say “aye.”
Vote on Res. 541-18: The motion to adopt Res. 541-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 541 is adopted.
Res. 542-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY FIRST INC. FOR TRANSPORTATION EXPENSES
RELATING TO TROPIC CARE 2018
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 813
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 542-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Discussion.
MS. POINDEXTER: Thank you, Madam Chair. I just wanted to comment
because I know a testifier talked about spending the money wisely in other
healthcare opportunities. But this is getting some—the transportation expenses to
get some of our rural community people out to get some wellness checkups. I
know the last time they were here, they played a big role in some dental work or
checkups for our rural students and keiki. So, I think it is critical because then
they make the connection with other health facilities, whether it be FQHC’s
(Federally Qualified Health Center) or whoever, to follow up with some of the
patients. So, I think this is a very worthy cause. Thank you.
ACTING CHR. EOFF: Okay, thank you. Ms. Lee Loy.
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Hawai‘i County Council-34 March 28, 2018
MS. LEE LOY: Thank you, Chair. Thank you, Ms. Poindexter. Our ad hoc
committee nonprofit is going though a number of applications, and that is a very
emerging theme is the healthcare of our rural communities. So, thank you so
much for pooling all of this money together with the rest of our colleagues and
providing this service for our rural communities. Thank you very much.
ACTING CHR. EOFF: Thank you. Seeing no further comments, all in favor
please say “aye.”
Vote on Res. 542-18: The motion to adopt Res. 542-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 542 is adopted.
Res. 543-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION,
PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY
Funds in the amount of $24,000 would be used to reimburse the department for
software licenses, hard disk drives, thumb drives, and overtime costs incurred by
staff performing investigative work in support of the FBI Child Exploitation Task
Force project.
Reference: Comm. 815
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 543-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Yes. A waiver was requested from us to expedite the receipt of
funds, and I was told that time was of the essence in this matter. I’m not sure if
Mr. Lee Lord from the Prosecutor’s Office is in Hilo, if anyone has questions.
Otherwise—
ACTING CHR. EOFF: I see him.
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Hawai‘i County Council-34 March 28, 2018
MS. DAVID: He is? Perfect. So, welcome, Mr. Lee Lord—Mr. Lord.
(Note: At this time, Business Manager Lee Lord came forward to address
the members of the Council.)
MR. LORD: This is Lee from the Prosecutor’s Office.
MS. DAVID: Aloha and welcome, and I just wanted to ask if you could please
explain the urgency of this and the purpose of the funds. Go ahead.
MR. LORD: The purpose of the funds is—
ACTING CHR. EOFF: Could you state your name, please, and your title.
MR. LORD: Oh, sorry. This is Lee Lord from the Prosecutor’s Office.
ACTING CHR. EOFF: Thank you.
MR. LORD: The purpose of the funds are what was already stated was the cost
for software licenses, hard disk drives, thumb drives, and overtime incurred by the
prosecuting staff when they’re assisting in investigative work. We work in
conjunction with the FBI (Federal Bureau of Investigation) when there’s cases
here in our County and our staff is used. And when they are used, we ask for
reimbursement for those items because we’re helping them with their
investigations although it’s in our County. And at the same time if there’s any
overtime incurred, we ask the FBI to reimburse us for those, and they agreed to do
st
that. I think the project wants to start in April, around April 1. That’s why we
asked for waivers at this point in time.
ACTING CHR. EOFF: Okay, thank you. Any questions? Seeing none, all in
favor please say “aye.”
Vote on Res. 543-18: The motion to adopt Res. 543-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member O’Hara – 1.
Excused: None.
ACTING CHR. EOFF: Resolution 543 is adopted.
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Hawai‘i County Council-34 March 28, 2018
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:
Bill 123: 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 – Child Exploitation Task Force
account ($24,000); and appropriates the same to the Child Exploitation Task
Force account. Funds would be used to reimburse the Office of the Prosecuting
Attorney for software licenses, hard disk drives, thumb drives, and overtime costs
incurred by staff performing investigative work in support of the FBI Child
Exploitation Task Force project.
Reference: Comm. 815
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 123 on first reading.
Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any discussion? Seeing none, all in favor please say
“aye.”
Vote on Bill 123: The motion to pass Bill 123 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member O’Hara – 1.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 123 will move to second reading.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawai‘i County Council-34 March 28, 2018
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING)
(Note: Items in this category were taken up previously, out of order.)
Bill 113: AMENDS CHAPTER 2 OF THE HAWAI‘I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE
RELATING TO COMMERCIAL SPONSORSHIP OF COUNTY ASSETS
Establishes a process for individuals, corporations, and other organizations to
obtain sponsorships for County facilities, parks, programs, equipment, and
tangible property in exchange for financial considerations to increase County
revenue from sources other than real property tax.
Reference: Comm. 780
Intr. by: Ms. Lee Loy
Approve: FC-90
(Note: Comm. 780.2, from Council Member Sue Lee Loy dated March 15, 2018,
transmitting proposed amendments to Bill 113, was circulated.)
Motion to Approve: Ms. Lee Loy moved to pass Bill 113 on first reading and
adopt Finance Committee Report No. 90. Seconded by
Ms. Poindexter.
Motion to Amend: Ms. Lee Loy moved to amend Bill 113 with the contents of
Comm. 780.2. Seconded by Ms. David.
MS. LEE LOY: Thank you, Chair. In Committee, Mr. Chung raised a valid
concern about how these sponsorship agreements would be negotiated or entered
into. And so, listening to him along with J Yoshimoto over at Corporation
Counsel, we retooled the sponsorship agreement to mirror how other agreements
are executed with the department and with the Mayor. And this provided the
clarity that we were looking for along with fitting it into a process that we’re very
well versed in. So, with that, I’m going to be urging my Council Members to
support this amendment.
ACTING CHR. EOFF: Okay, thank you. Everybody has a copy of the
amendment, then? Any other comments? Seeing none, all in favor of amending
with Communication 780.2 please say “aye.”
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Hawai‘i County Council-34 March 28, 2018
Vote on Motion to The motion to amend Bill 113 with the contents of
Amend: Comm. 780.2 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and now we can go back to discussing
Bill 113, as amended.
MS. LEE LOY: Thank you, Chair. Earlier we heard testimony regarding this bill
and some safeguards that would need to occur. I believe the bill actually does
have a lot of those safeguards to ensure that some of the advertising would be
minimal or in concert with the area that’s being, or the asset that’s being
sponsored. In addition, there’ll be a number of opportunities for the public to
weigh in on these agreements.
And so, really it is—there is a check and balances so that some of the concerns
that were raised earlier by a testifier could be appropriately vetted and a public
process for them to weigh in on. So again, I’m just going to urge my colleagues
to support Bill 113, as amended. I think it is a great tool that we haven’t explored
but many other municipals have, and we’ll see where it all goes. Thank you.
ACTING CHR. EOFF: Any other comments, Council Members? Seeing none,
all in favor of approving Bill 113, as amended, please say “aye.”
Vote on Bill 113: The motion to pass Bill 113, as amended to Draft 2, on first
(Draft 2) reading and adopt Finance Committee Report No. 90 was
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 113 will move to second and final reading.
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Hawai‘i County Council-34 March 28, 2018
Bill 115: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
Decreases the appropriation in the Geothermal Other Current Expenses account
($30,000); and appropriates the same to the Geothermal Parks and Recreation
account. Funds would be used by the Department of Parks and Recreation to
provide access to computers and wireless internet connection (Wi-Fi) at the Pāhoa
Community Center.
Reference: Comm. 786
Intr. by: Ms. David (B/R)
Approve: FC-92
Motion to Approve: Ms. David moved to pass Bill 115 on first reading and
adopt Finance Committee Report No. 92. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any discussion on that? Seeing none—oh, I’m sorry.
Bill 115, it’s $30,000 for computers and internet for the Pāhoa Community
Center. Ms. O’Hara.
MS. O’HARA: Thank you. We heard from several testifiers, four actually, that
live in the—or have lived in the area around the geothermal plant to—three still
do. And their testimony is heartfelt and of great concern. And the three things
that they’re asking for out of community, I mean out of the geothermal funds,
because there’s more than one, are appropriate expenditures from the asset fund.
Per the permit of the PGV, Puna Geothermal Ventures Geothermal Plant, which
was let in 1989, it is a requirement of the permit that we have an asset fund to deal
with mitigation of impacts of the geothermal on the surrounding community. And
the three things that they continue to request—and they’ve met with the Mayor; I
believe Luana said December. I know they presented him with a letter—is that
they get source point monitoring. That means at the source, not the perimeters of
the facility.
The second is that they get realtime notification of emergency releases. And that
currently is not happening. It may be something that the company can provide, as
we heard from their testimony, but it has not been put in place yet and we’ve been
living with this for 30 years without any of these safeguards. And last and most
importantly, they want a community emergency response plan.
Now, right now, there’s nearly $2 million in the asset fund, which is more than
enough to pay for these activities. There is one incumbrance right now, which is
a health study. I think it’s around $300,000. But there’s plenty of money in the
asset fund to conduct these activities.
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Hawai‘i County Council-34 March 28, 2018
I can, since we have not gotten a response from the mayor, try to urge him with
resolution to move forward in complying with their requests. But what’s at stake
here, and I think some of it is just a misunderstanding of accounting terminology,
is monies from what we have known as the Relocation Fund. This is also per
permit, set up to relocate people who are in the one-mile radius of the plant.
In 2008, the Relocation Fund was modified, and it is now known as the
Relocation and Community Benefit Fund. That was in 2008. That action is, I
guess, the source of some of the objection, meaning they don’t want to see money
spent from the relocation and community benefit fund until the three things that
they’re asking for are completed. And I fully agree with it; those three things
should be completed. The community is at risk and has been harmed by
emergency releases that were unannounced, and the community had no
evacuation or emergency response plan in place to deal with it. So, their concerns
are absolutely valid.
And I’m going to stop right here just for a second to ask, is there anyone sitting on
Council who has not ever visited the PGV plant? Has everyone made a visit to
the PGV plant? I see one no. Okay, I strongly advise that you take the time to do
that so we all know what we’re talking about and the proximity of the
communities to that plant.
So, I support this, but I did not ask for this money. And this is another source of a
bit of contention here because, if you read the permit, it says that monies used for
community benefit need to be requested by the representative from the
geographical district that it encompasses. And that would be me for most of the
area and also Ms. Ruggles, whose part of her district is in that geographical area
that is identified for use of the community benefit funds.
This award came from a meeting in December when we discovered that
community benefit funds had been used for conversion of the fire station in Pāhoa
to make the senior center but were in a CIP (Capital Improvement Project)
account and could not be used to purchase equipment and do wi-fi routers and
whatnot. So, Ms. Sako went across the hall, asked Mr. Yee if he would consider
releasing this money for that because it needs to be an operational account. And
so, this was all done internally by the Administration. The request came from
Parks and Rec. to Mr. Yee. Mr. Yee has since approved.
I do continue to have problems with the wording, and I appreciate that the report
of the Committee on Finance was attached to this bill for clarification. It’s still a
little bit confusing, but I think there’s enough verbiage there for somebody to
figure it out because it needs to be fully understood what the money is for. So,
thank you for attaching that report. And I think it’s pretty clear now what the
money’s going to be used for and the background.
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Hawai‘i County Council-34 March 28, 2018
I will, however, commit to drafting another resolution urging our Mayor to carry
forth on the actions that the folks that testified want to see happen because this is
under his kuleana; it’s an operational issue. And I really would like to see some
action on it after all these years. So, I ask for your support on Bill No. 115 and
expect more future legislation trying to sort out some of the problems that we
continue to have, understanding what the funds are for and expanding on those
funds. Thank you.
ACTING CHR. EOFF: Any other—Ms. Ruggles.
MS. RUGGLES: Thank you for your comments, Ms. O’Hara. I also wanted to
just make a brief comment on that, that yeah there are two funds here and that the
fund that this is coming from is not coming from the fund that would be used for
the projects that they want. So, this is coming from the Relocation and
Community Benefit Fund, which is separate of the Asset Fund. The Asset Fund
would be used to pay for what they’re asking for. And so, this doesn’t actually
compromise the amount of funds available for the evacuation plan and
notification system.
So, I understand that the original intent of these funds before the community
benefit fund was even created was to mitigate the impact of a highly industrial
activity in a residential area in a residential neighborhood. The original intent
even since it was created I believe in the 80’s has not been fulfilled. And so, their
position in opposing this, I believe, is reasonable just considering how long it’s
been and how long this account has been going and how little it’s done. And so,
this is going to be a tough one for me. I just wanted to say that. Thank you.
ACTING CHR. EOFF: Any other comments? Ms. O’Hara.
MS. O’HARA: I appreciate Ms. Ruggles’ comments and it brings to mind the
fact that, yeah, it has been 30 years; the permit was was 1989, so almost 30 years.
And our Mayor has been intimately involved in this industrial activity, first as
head of Civil Defense and then in his first two terms as Mayor as well as
currently.
And while there is language in the permit that puts our Department of Health as
the actor who is supposed to be looking after the safety of our residential
communities that are in close proximity to this industrial plant, it hasn’t really
worked out very well. And to continue to point fingers in that direction has been
quite unsuccessful. There’s currently a contested case hearing going on about the
reissuance of the air quality permits and stuff. So, it drags on and drags on.
And it would be really great to see a meaningful and productive resolution to this
ongoing problem because I continue to be concerned for my community who is at
risk. And those living within one mile, there are 1,560 properties. They’re not all
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Hawai‘i County Council-34 March 28, 2018
built on, but there are that many properties that are within one mile distance, one-
mile boundary of the plant that could eventually be developed unless we figure
out a way to deal with it. That puts us at extreme risk.
The Relocation and Community Benefit Fund has somewhere around $4.5 million
now, but the value of those properties is in the hundreds of millions. So, we need
a better resolution than what we have here before us today. And I’ll continue to
work on that. I have some things in the hopper, and you’ll be seeing them shortly.
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: Thank you. So, I heard a lot of words. I just want to know very
simply whether our two Council people from that area are in support of this or
not, and if it is in fact a proper use of the geothermal funds. Because, I’m
prepared to support them but I had some questions when this thing first came up.
But in deference to them, I’ll support it but I just want to hear very clearly that it’s
a proper use and they’re in support of it. Thank you.
ACTING CHR. EOFF: Okay. Did you want to ask each one to restate their
position?
MR. CHUNG: Yeah, briefly.
ACTING CHR. EOFF: Okay. Ms. O’Hara, did you—?
MS. O’HARA: Mr. Chung, I am going to support this. As I said, this came from
a meeting with many members of the community trying to straighten out some
deficiencies at the senior center. And while we have $71,000 sequestered in an
account at Parks and Rec., it’s in a CIP account and could not be used for this
purpose. And that money originally came from the geothermal fund in 2008.
Maybe our Finance Director can answer the question.
MR. CHUNG: Okay, no.
MS. O’HARA: Yeah, that’s good? Okay.
MR. CHUNG: I mean, I just wanted to know what the position was.
MS. O’HARA: Okay.
MR. CHUNG: Thank you.
ACTING CHR. EOFF: And Ms. Ruggles.
MS. RUGGLES: I would rather not comment at this time.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: Okay. So, all right. So, it seems like there’s just some
lingering questions as to the length of time it’s taken to take care of the issues that
the testifiers were concerned with and although it’s pretty clear that this is a
different pot of money. So, you’re willing to support it at this time, this bill?
Okay. Are we ready to vote? Or any other comments? Ms. Lee Loy.
MS. LEE LOY: Yeah, I’m going the ask my colleague Ms. Ruggles. I want to do
what’s right by the community. This one was set up for them and the impacts that
they would be experiencing from that project there. And so, I guess I just really
want to understand what the heartburn is or why it’s a challenging decision for
you. If slowing this process down helps raise awareness to bring those other
things to fruition, I’m willing to help and support in that direction too. But at the
end of the day, that’s a community that both of you serve. So, I guess that’s my
question.
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Thank you. The reason this is a tough decision for me is
because on one hand we have two different funds. What the community is asking
for and what the funds were originally created for is going to be left untouched.
Those funds are going to be left untouched with this project. However, it’s also
kind of a slap in the face on the other hand of the community that has been
waiting to see these funds be used for what they were originally intended for
when, over the past, all that has been used from this account has been four
projects that really have little to do with mitigating the impacts of geothermal.
And so, this is just another one of those, and that’s where the heartburn is.
MS. LEE LOY: Thank you for that, Chair. So, I’m going to stand by you folks.
MS. RUGGLES: Sorry, do you mind if I follow up? And I also just want to
mention that I would see it as a disservice to keep tying our hands behind our
back in providing just a small improvement to infrastructure that our community
could really use. And this is something that our seniors have been requesting for
a really long time; since that senior center has been put in. And this would greatly
benefit the quality of their lives and the quality of community there. And so,
that’s sort of the two sides that I’m considering. It’s a tough one.
MS. LEE LOY: Thank you, Ms. Ruggles, for that. And maybe this process, just
vetting it out like this will spark more movement to start pushing for those
mitigative measures. So like I said, if you want to slow this down so that we
could create some momentum behind some of the other stuff that should be used
for the Asset Fund, I’ll support that. But I completely get it now why it’s a rock
in a hard place because it’s an opportunity to move community forward, a rural
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Hawai‘i County Council-34 March 28, 2018
community for that matter, and get them something that would benefit them
greatly but it’s kind of at the wayside of the others and the impacts that need to be
addressed there. So, I yield. Thank you.
ACTING CHR. EOFF: Okay. Ms. O’Hara.
MS. O’HARA: And just to add more words as Mr. Chung said, the Relocation
and Community Benefit Fund has its own mission. It’s separate than the Asset
Fund, which is to mitigate the impacts of geothermal. The Relocation Fund was
originally to move people out of the area if they felt harmed by the geothermal.
And the addition of the community benefit fund was an action that happened with
a lot of thought. Meetings were held as far up as with the Governor in Honolulu.
And the core group accepted that as part of the mitigation.
It’s now come that no money should be spent in community benefit until their
concerns are addressed. And it does kind of hold hostage a considerable amount
of money. It also, I’ve just got to say this outright, the fund that is—the way that
fund receives money is through the royalties, the amount of electricities sold to
HELCO, and the County gets 30 percent. The State already gets 50 percent. And
that fund, at this point, because there’s been almost no relocations—there was
only one about a year ago; there’s been no applications this year—that fund
continues to grow.
Right now, PGV is selling above contract to HELCO. So, the royalties are going
to be higher this year than they were, say, the last couple years. As that fund
continues to grow, there’s no cap on it. And the State has already made one move
to try and absorb that money. And when they see a fund that’s not being utilized
and it continues to just grow, it seems like an attractive pot of cash to go after. I
didn’t mention OHA (Office of Hawaiian Affairs) also gets 20 percent, and
they—I don’t know what’s going on with their money but that’s not the object of
the discussion today. But it’s concerning that that fund could be taken away from
the County if we don’t use it in a productive manner.
And the requests that we’re seeing are a very small dollar amounts. This one is
for $30,000. There was another request for lighting that was approved earlier, and
there’s a pending request right now for replacement of the shower at Pohoiki. It’s
been gone for several years, and Parks and Rec. just put it on the back burner
because they don’t have the money for it. So, that’s another consideration of use
for these community benefit funds. It benefits the community far and wide.
But I understand the position of the people who testified. They want to take that
position that not a dollar should be expended on community benefit until they get
their three demands met, and I totally support their three demands. So, I will
continue to try and work to get those demands met because there is money there
to do that. It’s still a complicated issue.
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Hawai‘i County Council-34 March 28, 2018
ACTING CHR. EOFF: But it’s getting more clear. Okay, any other comments?
Mr. Chung.
MR. CHUNG: Yeah. Ms. O’Hara makes a lot of sense and I certainly would like
to defer to her but short of there being unanimity between the two Puna Council
people, I’m going to be voting no.
ACTING CHR. EOFF: Okay, thank you, Mr. Chung. Any other comments?
Okay. Well, yes, I completely understand what has been revealed today. But like
Ms. O’Hara just said, it’s kind of hard to resist utilizing funds such as proposed in
this bill to benefit the community in a small way. But I understand that you
wouldn’t want to keep holding off doing the more major things that the Asset
Fund is supposed to take care of.
So, I mean, it seems to me that we need to put pressure as the testifiers said and
I’m sure both of you agree. So, I don’t know. I guess we’ll go ahead and take a
vote but I think the facts have been laid out pretty clearly now. Thank you. So,
all in favor of approving Bill 115 at first reading, please say “aye.”
MR. CHUNG: Madam Chairman, I couldn’t hear. What was the vote there?
ACTING CHR. EOFF: I think I might need to do a roll call vote. And just to
remind us, I think we were unanimous in our support at Committee, but this is
first reading. So, go ahead and take a roll call vote, Mr. Clerk.
Vote on Bill 115: The motion to pass Bill 115 on first reading and adopt
(Approved) Finance Committee Report No. 92 was carried by the
following roll call vote:
Ayes: Council Members David, Kanuha, O’Hara,
Poindexter, Ruggles, and Acting Chair Eoff – 6.
Noes: Council Members Chung, Lee Loy,
and Richards – 3.
Absent: None.
Excused: None.
(Note: Ms. O’Hara and Ms. Ruggles voted “kānalua”
then “aye.”)
MR. HENRICKS: Chair Eoff, you have six votes in favor.
MR. CHUNG: I’m going to reconsider my vote now. May I?
ACTING CHR. EOFF: Yes. Mr. Chung, the reconsideration—
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Hawai‘i County Council-34 March 28, 2018
MR. HENRICKS: No, that’s not—
ACTING CHR. EOFF: Needs to be called for by someone in the—
MR. HENRICKS: On the prevailing side.
ACTING CHR. EOFF: Prevailing side.
MR. CHUNG: Oh, okay. That’s fine.
ACTING CHR. EOFF: But we do have one more reading, and we can have a
further discussion.
MS. O’HARA: Can I call for it?
ACTING CHR. EOFF: Ms. O’Hara, you said “kānalua,” but did you say
“kānalua, yes” or “kānalua, no”?
MS. O’HARA: I said “kānalua, yes.”
ACTING CHR. EOFF: Okay. So, you want to reconsider your vote?
MS. O’HARA: (Inaudible).
ACTING CHR. EOFF: We can check with the Clerk. If she doesn’t want to
change her vote but she wants to call for a reconsideration, can she do that? Or
you have to want to change your vote?
MR. HENRICKS: There doesn’t have to be any particular motivation.
ACTING CHR. EOFF: Okay. So, a person who voted in the affirmative can call
for a reconsideration?
MR. HENRICKS: Whatever side won the vote, if you will.
ACTING CHR. EOFF: Okay, so you can. If you want to reconsider the vote, we
can do it again.
MS. O’HARA: Okay.
MR. CHUNG: Madam Chairman. Madam Chairman?
ACTING CHR. EOFF: Mr. Chung?
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Hawai‘i County Council-34 March 28, 2018
MR. CHUNG: Yeah, I think the reconsideration might fly in the face of what
Ms. O’Hara wants. So, why don’t we just leave this alone. I made my point.
And when it comes up for second and final reading, I’ll cast an appropriate vote at
that time. Thank you.
ACTING CHR. EOFF: Okay. We’re just going to move on. Bill 115 will move
to second and final reading.
Bill 124: 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
Increases the Environmental Management Lono Kona Improvement District –
County project by $4 million, bringing the total amount to $5,698,000. Funds for
this project shall be provided from General Obligation Bonds, Capital Projects
Fund – Fund Balance and/or Other Sources. These additional funds for the
acquisition of easements, design, and construction of this public sewer system
improvement project are needed due to higher than anticipated initial bid
responses.
Reference: Comm. 816
Intr. by: Ms. David (B/R)
Waived: FC
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 124 on first reading.
Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Discussion? Mr. Kanuha.
MR. KANUHA: Oh—
MS. DAVID: No, go ahead, Mr. Kanuha. I’ll yield to you. All right. I see
Director Kucharski in the room. Would you please come up and identify yourself
and give us a brief explanation of this? Thank you.
(Note: At this time, Environmental Management Director
William Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: Bill Kucharski, Director DEM. This request is for
Lono Kona. We went out for an initial bid, and the bids came in higher than we
expected. They came in so high that we did not have enough appropriated funds
to accept any of the bids, so we went out for a rebid. Those bids will be open
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Hawai‘i County Council-34 March 28, 2018
tomorrow. And the request is for an additional $4 million in the appropriation.
We’re not certain that all of that money will be required, but we won’t know until
tomorrow when the bids open.
We are in a very tight time schedule for Lona Kona to get it completed in time to
maintain the $4 million grant from DOA or Department of Agriculture. And so,
we ask that this appropriation increase be approved.
MS. DAVID: Thank you, I’ll yield at this time. Thank you, Director
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Not to say too much, but I just urge my colleagues to support
this. We’ll see what happens. Hopefully the bids come back better, yeah, lower,
but desperately needed. And again, not to emphasize more but the timeline is
really crucial. We do not want to lose these grants from USDA (United States
Department of Agriculture). So, I urge all of your support.
ACTING CHR. EOFF: Okay, thank you. Any questions? Seeing none, all in
favor please say “aye.”
Vote on Bill 124: The motion to pass Bill 124 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Bill 124 is will go to second reading. Thank you,
Mr. Kucharski.
ORDER OF THE The Acting Chair directed the Council to proceed to the next order of business,
DAY (SECOND OR Order of the Day (Second or Final Reading).
FINAL READING):
(Note: Items in this category were taken up previously, out of order.)
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Hawai‘i County Council-34 March 28, 2018
Bill 104 AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40, AND CHAPTER 27,
(Draft 2): ARTICLE 3, SECTION 27-16, OF THE HAWAI‘I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO FLOODPLAIN
MANAGEMENT
Updates the County Code by adding floodplain management to the duties and
functions of the Public Works Department and requires that the Council be
notified no later than 60 days after the initiation of actions that may lead to the
alteration of the boundaries of flood hazard areas on Federal Emergency
Management Agency Flood Insurance Rate Maps, which notice shall include the
identification of the stream or general area being studied or revised and the name
of the entity undertaking the flood mapping study, restudy, or revision process.
Reference: Comm. 731.3
Intr. by: Ms. David
First Reading: March 14, 2018
Motion to Approve: Ms. David moved to pass Bill 104, Draft 2, on second and
final reading. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Yes, I just really want to thank my colleagues again for this great
exercise in legislation, and I ask for your continued support. Mahalo.
ACTING CHR. EOFF: Thank you. Any comments, questions? Seeing none, all
in favor please say “aye.”
Vote on Bill 104: The motion to pass Bill 104, Draft 2, on second and final
(Draft 2) reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Bill 104, Draft 2, is adopted.
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Hawai‘i County Council-34 March 28, 2018
Bill 105: 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 – Department of Health (DOH)
Complete Streets account ($9,700); and appropriates the same to the DOH
Complete Streets – Federal account. Funds would be used by the Planning
Department to allow key staff to attend Complete Streets trainings to plan for,
design, and operate streets with safe access for all users.
Reference: Comm. 736
Intr. by: Ms. David (B/R)
First Reading: March 14, 2018
Motion to Approve: Ms. David moved to pass Bill 105 on second and final
reading. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Yes, just ask for your continued support. We had nine ayes.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say “aye.”
Vote on Bill 105: The motion to pass Bill 105 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 105 is adopted.
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Hawai‘i County Council-34 March 28, 2018
Bill 106: 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 Fuel Tax account ($4 million) due to the increased Fuel
Tax rate in the current fiscal year; and appropriates the same to the following
accounts: Highways Maintenance Service – Roadside Maintenance Service
($1.4 million), Highway Mass Transit – Other Current Expenses ($1 million),
Highway Maintenance Administration – Other Current Expenses ($490,000),
Traffic Division – Traffic Safety ($260,000), Traffic Division – Signals & Street
Lights ($550,000), and Public Safety Disaster/Emergency – Highway Fund
($300,000).
Reference: Comm. 737
Intr. by: Ms. David (B/R)
First Reading: March 14, 2018
Motion to Approve: Ms. David moved to pass Bill 106 on second and final
reading. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Any comment? Questions? Seeing none, all in favor,
please say “aye.”
Vote on Bill 106: The motion to pass Bill 106 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 106 is adopted.
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Hawai‘i County Council-34 March 28, 2018
Bill 116: 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 Office of Management Village 9 Homeless and Affordable Rental
project for $184,000 to the Capital Budget. Funds for this project shall be
provided from State Grants Receivable and would be used to reimburse the
County for planning expenses to develop a master plan and environmental
assessment for a homeless facility and affordable rental project.
Reference: Comm. 787
Intr. by: Ms. David (B/R)
First Reading: March 14, 2018
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 116 on second and final
reading. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Any comments, questions? Ms. Poindexter.
MS. POINDEXTER: I just wanted to bring this up about the—I don’t know if it’s
homeless and rental—I know we’ve been getting some calls from people in
Keaukaha in Council Member Lee Loy’s district about concerns about where
they’re going to be placing homeless people. I don’t know if this is attached to
that or not but, Council Member Lee Loy, I know some of the people that emailed
both of us.
MS. LEE LOY: Yeah, maybe we could get some clarification. The backdraft to
this is there was an article in the newspaper about the County working with the
Department of Hawaiian Home Lands and identifying a property near the Hilo
Airport as a possible homeless site. And pursuant to the Hawaiian Homes
Commission Act, that it doesn’t serve the beneficiaries so the County could not
just put homeless people on DHHL (Department of Hawaiian Home Lands)
property because it is in direct conflict with the Hawaiian Homes Commission
Act and the definition of beneficiaries. So, maybe we can have somebody clarify
this. I’m not sure.
ACTING CHR. EOFF: I’m not sure if anyone’s in Hilo. Maybe Mr. Chug can
let us know. But Mr. Kanuha had a comment in the meantime.
MR. KANUHA: Yeah. This is specifically for the Kealakehe homeless village or
whatever, yeah, Village 9 homeless and affordable rental project. The Village 9
that they’re making is the Village 9 connected right over here. So, that’s
definitely a different story that we should bring up on the Council or the
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Hawai‘i County Council-34 March 28, 2018
Committee level to talk about because I have no idea what you guys are talking
about with that. All I know is this Village 9 was the monies appropriated for that
specifically.
MS. LEE LOY: Yeah. And I think the issue is if this money falls into a bucket,
and it’s going to go to Village 9, but is some of that money going to be used for
other areas? And I think that was the other concern that Ms. Poindexter was
hearing, too. They are very separate issues. And so, some clarity. I’m just
putting it out there. So, thank you.
ACTING CHR. EOFF: So, I think at our last meeting, Mr. Takemoto did speak
to the Kealakehe site with regards to this bill. And there’s no one in Hilo right
now to clarify. Ms. Poindexter.
MS. POINDEXTER: Yeah, I think it was confusing because it just doesn’t say
where it is; it talks about Village 9. So, when the public is seeing this on the
agenda, they don’t know where Village 9 is. So, they’re thinking, “Oh, my gosh.
Is this Village 9 in what the paper was talking about?” The timing was pretty bad.
So, maybe they just needed to be clear where Village 9 was and then maybe start
talking with the Council Member Lee Loy and her constituents. Thanks.
ACTING CHR. EOFF: Okay, Council Members, do you want to move on?
Okay. We’ll go ahead and vote on Bill 116. All in favor, please say “aye.”
Vote on Bill 116: The motion to pass Bill 116 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 116 is approved.
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Hawai‘i County Council-34 March 28, 2018
Bill 117: 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 State Grants – Electronic Waste Recycling account
($45,000); and appropriates the same to the Electronic Waste Recycling account.
Funds would be used towards the Department of Environmental Management’s
Solid Waste Division’s Electronic Waste Recycling program.
Reference: Comm. 788
Intr. by: Ms. David (B/R)
First Reading: March 14, 2018
Motion to Approve: Ms. David moved to pass Bill 117 on second and final
reading. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any comments, Ms. David?
MS. DAVID: No, just ask for your continued support.
ACTING CHR. EOFF: Okay, thank you. Then all in favor, please say “aye.”
Vote on Bill 117: The motion to pass Bill 117 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 117 is adopted.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
(There were none.)
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
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Hawai`i County Council-34 March 28, 2018
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 11:54 a.m., Ms. Poindexter moved to adjourn
MENT: the meeting. Seconded by Ms. David 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.
Council Approval: MAY 0 9 2018
\,.
CO Y CLERK
SM/dg
•
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