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HomeMy WebLinkAboutMIN COUNCIL 2018-04-11 2016-2018 Hawai‘i County Council th 35 Session Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i April 11, 2018 INVOCATION: Reverend Shindo Nishiyama of Honpa Hongwanji Hilo Betsuin gave the morning’s invocation. CALL TO The regular meeting of the Hawai‘i County Council was called to order at ORDER: 9:06 a.m., in the Council Chambers, Hilo, by Ms. Valerie T. Poindexter, Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Eileen O’Hara, Member Mr. Herbert M. “Tim” Richards, III, Member Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. O’Hara 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 (Note: At this time, Ms. Eoff, Mr. Chung, and Ms. Lee Loy presented Certificates EXPRESSIONS OF of Merit to 12 Lanakila Learning Center students for their exceptional academic CONDOLENCE: and environmental stewardship achievements.) Recess: At 9:25 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:29 a.m. Hawai‘i County Council-35 April 11, 2018 STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON The following individuals registered to speak and came forward when called by AGENDA ITEMS: the Chair: Carol Fuertes: Res. 551-18 (Comm. 826), in support. (representing Kahua Pa‘a Mua) John Wason: Res. 555-18 (Comm. 831), in support. (representing Waikoloa Community Development Corporation) Faith Paulele: Bill 115 (Comm. 786), in support. (representing Pāhoa Senior Center) Toby Hazel: Res. 555-18 (Comm. 831), in support; Bill 115 (Comm. 786), in support; and Bill 121 (Comm. 799), in support. Abolghassem Abraham Res. 558-18 (Comm. 847), comment; Sadegh: Res. 559-18 (Comm. 848), comment; Bill 98, Draft 2 (Comm. 712.2), comment; Bill 114 (Comm. 781), comment; and Bill 130 (Comm. 846), comment. Paul Kaykendall: Bill 115 (Comm. 786), in opposition. Perry Conner: Bill 115 (Comm. 786), in support. Jane Hedtke: Bill 115 (Comm. 786), in opposition. Les Estrella: Res. 549-18 (Comm. 824), in support. (representing Going Home Hawai‘i) Faye Puz Hanohano: Bill 115 (Comm. 786), in opposition. Robert Patricci: Bill 115 (Comm. 786), in opposition. (representing Puna Pono Alliance) Page 2 Hawai‘i County Council-35 April 11, 2018 Jon Olson: Bill 115 (Comm. 786), in support; and PC-53 (Comm. 795), in support. Luana Jones: Bill 115 (Comm. 786), in opposition. Joseph K. Kamelamela: Comm. 819, in support. Dave Kisor: Bill 115 (Comm. 786), in opposition. Sara Steiner: Bill 115 (Comm. 786), comment. (representing Laulima Pāhoa) Richard Bidleman: Bill 115 (Comm. 786), in support. Wil Okabe: Comm. 819, in support. Recess: At 10:28 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:42 a.m. Announcement: Ms. David announced that Legislative Auditor Bonnie Nims received the 2017 Distinguished Knighton Award for her department’s report on the hiring practices of Hawai‘i County’s Human Resources Department. Ms. David expressed appreciation for Ms. Nims and her staff’s excellent work. Ms. O’Hara announced that April 10 was Equal Pay Day, saying that for a woman who worked all of 2017, she would need to work up through April 10, 2018, in order to earn the equivalent salary to her male counterpart. According to the “Hawai‘i’s Working Population 2012-2016” report by the Department of Business, Economic Development and Tourism, in Hawai‘i the average salary for a man is $51,566; the average for a woman is $38,645, a $12,921 difference. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Page 3 Hawai‘i County Council-35 April 11, 2018 Vote on Approval of Ms. O’Hara moved to approve the Minutes of February 21, Minutes: 2018. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, and Chair Poindexter – 8. Noes: None. Absent: Council Member Ruggles – 1. Excused: None. COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 819: APPOINTMENT OF ALLAN SIMEON AS PUBLIC WORKS DIRECTOR From Mayor Harry Kim, dated March 5, 2018, submitting for the Council’s review and confirmation the above appointment. Waived: PWPRC Requires Council Confirmation by: April 29, 2018 (Section 13-8, Hawai‘i County Charter) Motion to Approve: Ms. Lee Loy moved to confirm the appointment of Allan Simeon as Public Works Director. Seconded by Ms. Eoff. CHR. POINDEXTER: Mayor Kim, do you want to come up and do the honors? (At this time, Mayor Harry Kim came forward to address the members of the Council.) MR. KIM: Good morning, Madam Chairman, Members of the Council. It’s been an hour or so sitting back there, all kinds of things flash by in regards to the thoughts outside of this. CHR. POINDEXTER: Mayor Kim, I don’t mean to interrupt but it would be nice, Mr. Simeon, if you would come up to the table as well. Thank you. Sorry. Continue. MR. KIM: And one of the thoughts was in regards to the program that Ms. Eoff arranged to—I think, to those that have been here a long time, you know what I’m talking about. It is so nice to see those kinds of things as far as the youth. Because, I think some of us come from a time when those kinds of things which you did this morning, you would find nowhere, and I mean nowhere, in the State Page 4 Hawai‘i County Council-35 April 11, 2018 of Hawai‘i, especially those youth being recognized and to stay in Hawai‘i. You know what I’m saying, Mr. Kanuha. So, thank you for that. It really feels good to be this old as I am and to see the transition happen today. Don’t worry, Mr. Kanuha. I won’t reveal the secret that you whispered in my ear. Nobody knows what we’re talking about, so I’ll jump through that, except Ms. David. Thank you. Excuse me. Thank you very much for this opportunity. I was thinking of the job. The first time I really saw him working a job in the field, he was a deputy. I was called early in the morning because there was a fire in Pāhoa. I took off down there and, bigger than heck, he beat me there. After a long morning and early afternoon, I went back home. It was a Sunday. Somewhere in the early evening, 6/7:00 in the evening, I wanted to remind the people some things about Pāhoa as far as cesspool, be careful of those things. Anyway, I called Frank’s home, the Director, and he wasn’t home. So, I called his house and he answered. It was early evening. And I asked him where Frank was and he said, “Oh, Frank’s in Pāhoa.” He says, “I relieve him at midnight.” I’m thinking “Sheez, he was there all from the morning, all afternoon. He just came home to get a few breaks and then he’s going to go back midnight for the rest of the day.” I think that tells you the commitment to the job. The reason of the lateness of this nomination to you is strictly because I’ve asked him from the beginning, “Will you take this job for the County?” and his answer was a flat no. It ticked me off, but that’s what he said. Nah, really, you know I wouldn’t—and I asked him why. He said, “too much family commitment”; his mama and other things. He said the job—I know that, the demanding of the time; I just gave you an example of the demand of time. Anybody who would think it’s a 60-hour-a-week job, you’re kidding yourself. That’s a beginning, and that’s what you ask your people to do, to do a good job. Public Works is one of the departments in regards to we were looking for certain skills. And one of the biggest skills we needed were people who were people’s people—managers. I told him recently—we had a meeting with his engineers—I told him that was one of the best management meetings I’ve ever attended—and I’ve worked for you for 50 years. That says a lot. Because, what that meeting showed is ability to bring in—it was all of his engineers—to bring in. And you sit back and you see he creates an atmosphere of “let them participate and not dominate.” I think we have a very good nominee before you. He finally said yes. I’m very grateful of that. And behind the back, I harassed him every time I saw him in regards to “please reconsider.” I ask you to please consider this man. He’s qualified. He’s a good manager. And I guaranty you he cares about this community. Thank you very much. Page 5 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Thank you, Mayor. Mr. Simeon, would you like to say a few words? (At this time, Public Works Director Allan Simeon came forward to address the members of the Council.) MR. SIMEON: It would be an honor to say a few words. Sorry, I’m kind of nervous. First of all, I would like to say thank you to our Mayor, Harry Kim, for giving me this opportunity. He is so patient with me. We did talk about it. But I believe that this is an opportunity, not only for me but for the department, to be able to move forward and also to bring stability in the department. I don’t want to have our employees to be thinking, “Who’s going to come in next?” or “When are you going to take the position?” So, I apologize for the long due, but yeah, thank you. I would like to say, again, thank you to our Mayor for this great opportunity to serve not only the County but also to the people of Hawai‘i County. th Ever since I started in 1997, August 18, I feel that I’m blessed to be a part of the County. I believe that wherever you are, whether outside or inside the County, it’s a person that has the opportunity to do good especially in serving the public. I’m looking forward to work and continuing to work with the Administration, with the different departments, with the Council, of course, and to all the people that come our way whether they bring complaints or solutions. I believe our door is open to talk about it and see where the solution or at least a step forward is taken. I wouldn’t be here today if not because of people who have helped me along the way. And similarly, I would like to thank Wil and Joe and, of course, a lot of people here for their support. They may not have said something today, but in spirit I know that they are in support of me. And I’m very thankful for that. The department is only as good as its employees. So, I want to thank you from our Deputy Director Merrick Nishimoto, who willingly took the position after about two or three tries that I did ask him. But one of the considerations that we had to take was we would like to also have some representation on the Kona side and also knowledge in the Building Department, knowledge in the Engineering Department and the Public Works as a whole. And I see the leadership in him. In fact, he teaches me a lot. He very well fits that mold. He’s the head of our department. And again, I cannot thank him enough for joining me and for joining the department. And also for the support staff; the division chiefs that we work with, six of them, and all the way down to the new recruit. Basically, this is our team. We have to work together to serve the County and the people in this community. Again, I cannot thank you enough, also the Council, the Mayor, the Administration, and everybody here, and those who are in spirit joining me here. Page 6 Hawai‘i County Council-35 April 11, 2018 And if I may just leave one thing, I believe each day is a blessing. And each blessing is an opportunity to move forward and to do something good for the community, for the people of Hawai‘i, to one another and to ourselves. Thank you. CHR. POINDEXTER: Thank you. I will open up for Council Members. Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. Aloha, Allan. No need be nervous. We don’t bite, or at least not today. Nah, just kidding. Congratulations. Great pick, Mayor Kim. And really what you describe as a leader, having the team with you, yeah, you’re only as good as your entire team. So, I really appreciate that because the working together, looking at who you’re working with to buildup that team is a great attribute for a leader. So, congratulations. Having Merrick on board is another big thing. So, I just want to say congratulations. I fully support your nomination, and I’m really looking forward to working with you. MR. SIMEON: Thank you. CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: Thank you, Chair. I’m going to echo some of what Councilman Kanuha said. Allan, thank you so much for stepping up. Mayor, I’m a little concerned that he didn’t stick to his guns and didn’t keep turning you down. Just kidding, Allan. But no, all kidding aside, Allan, I’ve enjoyed working with you in the past as deputy, in coming forward with you and your deputy, Merrick. I truly look forward. Our meetings earlier this week, I have to completely agree with the Mayor, excellent. So, I look forward to working with you. I’ll be supporting. MR. SIMEON: Same here. Thank you. CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: Aloha and mahalo, Chair. Aloha, Allan. I’m so happy. Didn’t know why it took so long for you to accept this position, but I worked with the department as long as I can remember being on the Council. And I’ve always had good experiences and very open-mindedness and willingness to help. I know you bring that to the table, and I look forward to working with you and your staff. I can’t tell you how much I support your appointment. And thank you, Mayor, recognizing that Mr. Nishimoto on the Kona side is a very big plus. Because, not only he’s on the Kona side but he’s from Kona and knows everything about that Page 7 Hawai‘i County Council-35 April 11, 2018 side of the island, which is a benefit I think to the department. And so, I congratulate you. I totally support your nomination. And all I have to say is, Mayor, all good things come to those who wait. So, thank you very much. Aloha. MR. SIMEON: Thank you. CHR. POINDEXTER: Thank you. Council Member Eoff. MS. EOFF: Thank you, Madam Chair. Good morning. I want to completely agree with what my colleagues have already stated, and I just want to add that we can sense the changes already. So, this last year and starting last year, I think, too, we feel the willingness to work together with you and the responsiveness. And it just feels like there’s been a shift in the morale and moving forward feeling in the department. And so, I just wanted to say that I think this is a great choice, and thank you very much, Allan, for agreeing to take the job. MR. SIMEON: Thank you. CHR. POINDEXTER: Thank you. Council Member Ruggles. MS. RUGGLES: Thank you, Allan. I really appreciate you taking—it actually took me a long time to figure out whether or not I was going to run as well. It took me a few months. So don’t feel bad. I just want to say that in the time that I worked with you just in the past year and a half, I’ve been really impressed. And you’re just so kind and polite and tactful. Your communication is so neutral and professional and non-political. I really appreciate that. So, I’m really looking forward to working with you. Thank you. CHR. POINDEXTER: Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Allan, for stepping up. I’ve enjoyed our meetings together. One thing that I’ve appreciated about our meetings with staff is that conversations always start with, “We’re amongst friends.” And when you start a conversation like that, the ability to think outside the box, look for alternative solutions, really thrives. That is what I am excited about with you and the team that you’ve assembled, that sometimes an outside- the-box thought is not immediately shelved with, “No, it’s not going to work.” And I want to continue to encourage you and the rest of your team to do that because, one, Public Works is a big department with a lot of kuleana, but it directly impacts everyone on the island whether it’s paving roads, safety issues, responding to emergencies. That idea to have other alternatives or other solutions Page 8 Hawai‘i County Council-35 April 11, 2018 is what I’m excited about. I’m going to stand in very strong support of your nomination and look forward to the continued working relationship that we have. So, thank you. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: Thank you, Chair. And thank you, Allan, for finally agreeing. And thank you, Mayor, for being persistent to get Mr. Simeon into the position of Director of Public Works. I think you will fill this position well. I have worked with you now for a year and a half, approximately, and it’s been a wonderful experience. As Ms. Ruggles said, your communications are clear and professional. Sometimes we may not always agree on an approach, but we generally work it out and find a way to go. I really enjoyed meeting with your team. They are some of the best meetings that I have here at the County and, all joking aside, they are a fun group. And like Ms. Lee Loy said, that camaraderie and ability to just speak frankly allows for ideas to be floated that we hadn’t considered previously and for new solutions to be sought. So that’s really important. And perhaps I’ve been working with or dealing with our Public Works Department for years, since the 198Os, on different road issues in Puna, and this is the first time I really feel that we have that kind of connection where we can work out the solutions. Because as you well know, Puna has a lot of road issues; the whole island does, but in particular, Puna. And there’s a lot of things that we need to work out. So I’m just really grateful that you accepted the position. I like your comment about providing continuity for the staff; that’s really important. When things are in turmoil, up and down, and changing all the time, it is difficult on the staff. So, I like your leadership style, and I’m really happy to welcome you to this position. I’ll be fully supporting. Thank you. CHR. POINDEXTER: Thank you. Council Member Chung. MR. CHUNG: I think it’s no secret that I’m not a big fan of the way some appointments are made, particularly the lack of having a probationary period. We basically vote for people based on what they tell us, a few minutes and it’s really a leap of faith. But with Allan, it’s a little bit different because he has a long history of good service with the County. In fact, it was kind of agonizing for a lot of us, I know, awaiting your decision to accept. In fact, I know on several occasions, I would ask my staff, “Allan—did we confirm him yet or what?” ‘Cause I’m old, yeah, so Page 9 Hawai‘i County Council-35 April 11, 2018 sometimes we might have confirmed him and I might have forgotten. And they said, “No, he hasn’t even decided. He doesn’t want to take the job.” I said, “What? What’s the matter with him?” So, I’m really glad that you’re on board. And what I really like about you, Allan, and first of all, you are qualified. And I believe you are a man of integrity, although I have been proven wrong on several individuals over the course of my many years. I hope you don’t prove me wrong on that one. But what I really like about you is that you’re humble. And with humility comes a lot of good qualities built into the humility. You don’t think you’re better than people. You gave a lot of credit to your deputy and others. And as long as you don’t think you’re better than others or you’re the smartest person in the world or you have all the answers, then you’re able to accept different ideas. And that is the all-important quality that any government official should have, I believe—and you have it. I’ve seen it over the many years that you and I have worked together. So, thank you very much for accepting, finally, and congratulations. I look forward to working with you. If I could make one request, though, we’ve got to fix the permitting process. Okay? I mean, I’ve heard over many years that we going do this, do that, and different things were implemented. But if you guys cannot do it administratively then you can expect that we might have to do something legislatively. And I don’t think you guys want that. So, please try to do that. Thank you. CHR. POINDEXTER: Any other—okay. I’d like to just say thank you. First of all, thank you to Mayor Kim for never giving up, being persistent, and not taking no for an answer. For Allan, thank you for accepting and thank you for all that you do. You have an open door. You’re so easily approachable; never hesitate to call and have to get an appointment even. I can call you directly. But you have led by example, and you manage with so much aloha and that’s what we need. It’s that managing with aloha, and you have that. So, thank you so much. And I look forward to continuing to work with you. MR. SIMEON: Thank you. CHR. POINDEXTER: So, Mr. Clerk, at this time, we’re going to— MR. SIMEON: Madam Chair, if I can just say something before I forget. CHR. POINDEXTER: Sure. MR. SIMEON: And again, thank you again for all your nice words. I’ll do my best, and our department will do our best to address a lot of the issues or questions I had heard before. We cannot promise you results that it will come out all Page 10 Hawai‘i County Council-35 April 11, 2018 positive at one time, but we can promise you efforts. And I believe that in our team we have that. And before I miss, I would like to say thank you to my family, especially my wife there, Irene, and to my mom who is at Life Care at the moment and with my family. ‘Cause that, I believe, and the Mayor had told me, “Your family is No. 1.” And I do thank him for that. And I want to thank them for their support for me to take this position. Thank you. CHR. POINDEXTER: Thank you. Thank you, Allan. So as we confirm the appointment of Allan Simeon and close file on Communication 819, I’d like to go to a roll call vote. Thank you. Vote on Comm. 819: The motion to confirm the appointment of Allan Simeon as (Approved) Public Works Director was carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Thank you. This communication has been filed and confirming the appointment of Allan Simeon. Congratulations. Recess: At 11:09 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:17 a.m. 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. 555-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIKOLOA COMMUNITY DEVELOPMENT CORPORATION FOR EXPENSES RELATING TO THE VISITING FILM ARTIST PROGRAM Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Big Island Film Office account. Reference: Comm. 831 Intr. by: Mr. Richards Page 11 Hawai‘i County Council-35 April 11, 2018 Motion to Approve: Mr. Richards moved to adopt Res. 555-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. Just a brief summary. We’ve already had a great explanation about this. And the way I view a lot of this is that we’re exposing the youth to the next events in their life. And by reaching out a little bit farther and exposing them to something that they may otherwise not have contact with, I think we can trigger some things. I’m reminded that Auli‘i Cravalho from Kohala, who we know better as the voice of Moana, she came from Kohala. And this is the film industry in that same venue. So again, I ask for my colleagues’ support. Thank you. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 555-18: The motion to adopt Res. 555-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, and Chair Poindexter – 8. Noes: None. Absent: Council Member Ruggles – 1. Excused: None. CHR. POINDEXTER: Okay, Reso. 555 is adopted. Page 12 Hawai‘i County Council-35 April 11, 2018 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) First Reading: March 28, 2018 Motion to Approve: Ms. Eoff moved to pass Bill 109 on second and final reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Mr. Kern, did you want to provide any further comments? I know we’ve been discussing this in a favorable light for several readings. (Note: At this time, Zendo Kern, applicant’s representative, came forward to address the members of the Council.) MR. KERN: Thank you very much. I’m Zendo Kern, planning consultant representing the applicant. Good morning, Madam Chair and members of the County Council. Really, only if you folks have questions. It’s very simple, straight forward. I think we did go through it multiple times. So, I’m happy to answer any questions, and thank you for your time. CHR. POINDEXTER: Thank you. Anyone with any questions? Seeing or hearing none, all those in favor say “aye.” Page 13 Hawai‘i County Council-35 April 11, 2018 Vote on Bill 109: The motion to pass Bill 109 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, and Chair Poindexter – 8. Noes: None. Absent: Council Member Ruggles – 1. Excused: None. CHR. POINDEXTER: Bill 109 is adopted. MR. KERN: Thank you for taking me out of order, and I hope you’ll all have a really smooth day. Bye. CHR. POINDEXTER: Thank you. Res. 558-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAI‘I FIRE DEPARTMENT Funds in the amount of $35,000 would be used to reimburse the department for battery-powered rescue tools to be used by the Honoka‘a Fire Company to respond to motor vehicle collisions. Reference: Comm. 847 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 558-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David, we have our Battalion Chief. MS. DAVID: Yes, I think Battalion Chief Todd is here. Would you please come up, Chief, and then give us a short description of the funding? And just identify yourself for the record first. (At this time, Battalion Chief Kazuo Todd came forward to address the members of the Council.) MR. TODD: My name is Kazuo Todd. I’m a battalion chief for the Hawai‘i Fire Department and I run Auxiliary Services, which is pretty much everything else in the department besides the response to emergencies. Page 14 Hawai‘i County Council-35 April 11, 2018 So, for the $35,000, reimbursement is actually a Federal grant through NHTSA (National Highway Traffic Safety Administration), which is basically dealing with Department of Transportation and the Highways. And the equipment that will be purchased is going to be used to allow us to respond. And if you guys have ever seen the television shows with the different fire companies and such and you see the jaws of life, this is essentially what we’re buying here for the Honoka‘a Fire Station. The newer equipment nowadays doesn’t require a lot of the older heavy pieces of equipment that used to come with it, and also the existing that we have out in the field is approximately like 20 years old and aging. So, we’re trying to bring in newer equipment that’s lighter, more efficient, and stronger than our older stuff and a little bit easier to get in there and get the job done. You have any questions? CHR. POINDEXTER: Any questions or concerns? Hearing none, all those in favor of Resolution 558 say “aye.” Vote on Res. 558-18: The motion to adopt Res. 558-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 558 is adopted. Res. 559-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAI‘I FIRE DEPARTMENT Funds in the amount of $13,340 would be used to reimburse the department for child passenger safety inspection clinics to be held throughout Hawai‘i Island in support of the department’s Child Passenger Safety program. Reference: Comm. 848 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 559-18. Seconded by Mr. Kanuha. Page 15 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. Battalion Chief, could you just give us a brief rundown? This was waived from Committee and that’s why I’m asking you to describe this for us. Thanks. (At this time, Battalion Chief Kazuo Todd came forward to address the members of the Council.) MR. TODD: Again, I’m Battalion Chief Todd from the Hawai‘i Fire Department. So, the $13,340 is actually still part of that NHTSA grant, and this allows us to fund our program where we do training around the island and a variety of events throughout the year. And we train our recruits and some of our personnel to be techs in terms of how to properly install car seats. So, our records show that almost 99 percent of the cars that do end up coming in for our clinics are not installing them correctly. And we also use the funding to provide car seats for some families that need them. So, we give out over 40 car seats a year. And we see about 200 cars a year that come in with newborns or families that have kids or maybe they’re a little bit unable to purchase the kinds of things they need to properly keep their kids safe. So, that’s one of the programs we’ve been running for five years now and seeing a lot of good, I guess, feedback into the community. And it’s very successful. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. Just compliments to the Fire Department for running that program. I have three-and-a-half-year-old twins, and installing those car seats can be quite challenging. If someone just shows you the tricks, it’s real quick. So again, thanks for doing that. A good program. I yield. CHR. POINDEXTER: Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Battalion Chief, for being here. I just had a question as to where the funds are generated. I know it’s coming from the National Highway Safety Administration. Is that like a Federal program, or is it when we pay our fuel tax? A portion of it goes into these buckets of money which then get kind of doled back to us. MR. TODD: So, I’m not actually familiar with where that funding source comes from. I know it’s Federal and that, basically, we’re allowed to apply for the grants to fund certain types of programs. So, some of those things would be like extrication things and it deals primarily with NHTSA for highway-based issues. So in this case, we’re seeking the extrication equipment as well as the car seats for the needy families out there. Page 16 Hawai‘i County Council-35 April 11, 2018 MS. LEE LOY: Thank you. Actually, that would be really interesting to know. I mean, we pay taxes all over the place and it would be actually good to understand that return on investment. MR. TODD: I will see if I can get you that information. MS. LEE LOY: That would be really interesting. Thank you, Battalion Chief. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor of Bill 559, say “aye.” All those opposed? MS. DAVID: Resolution 559. CHR. POINDEXTER: I mean Resolution 559, I’m sorry; I said “bill.” Vote on Res. 559-18: The motion to adopt Res. 559-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 559 is adopted. Bill 130: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Increases revenues in the State Grants – Wireless E911 Fees account ($92,000); and appropriates the same to the Wireless E911 account for a total appropriation of $1,170,000. Funds would be used to purchase dispatch workstations for Fire Radio Dispatchers and upgrade current real-time monitoring of 911 call center operations to a PowerOps system. Reference: Comm. 846 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 130 on first reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. Page 17 Hawai‘i County Council-35 April 11, 2018 MS. DAVID: Yes. Battalion Chief, could you please explain? This was also waived. Thank you. (At this time, Battalion Chief Kazuo Todd came forward to address the members of the Council.) MR. TODD: Not a problem. Again, my name is Battalion Chief Kazuo Todd. So, this particular expenditure of funds is something that’s going to be reimbursed through the State, through the E911 fees. So, when you guys have cellphones, you’re paying actually towards the E911 fund which accumulates, and there’s a board in Honolulu. And one of the things that the E911 funds’ purpose is, is to help each of the jurisdictions in this County or in the State secure when someone dials 911, that it actually gets into the center. And so, they fund certain things that allow us to make that work. So, one of these things on this list is a PowerOps system. And basically, the PowerOps system is a realtime monitoring thing that lets us know how many calls are coming in, how long those calls have waited. The current system we have inside the system which does that is becoming obsolete, will no longer be supported. And so, pretty much throughout the State, different dispatch centers are upgrading their system to the new one, which is something that’s being paid for through E911. So, the money that we’re asking to be set aside is actually just being reimbursed. But to fund it properly through the County, there has to be a line item for us to pull it from initially and so on and so forth. So, that’s why we need this passed. The other 70,000, approximately, is going to furniture which is designed to make the workstations a little bit better. We have it sort of just put together currently at the moment and it works, but this will allow us to work a little bit more efficiently. And I should also mention that if any of you were ever interested in actually coming and visiting dispatch and seeing what it’s like, that offer’s always open. CHR. POINDEXTER: Thank you. Okay, any questions? No? Okay, all those in favor of Bill 109 say “aye.” All those opposed? Okay, Bill 109— MR. MAEDA: That was Bill 130. CHR. POINDEXTER: Oh, I’m sorry. I’m sorry, I’m looking at Bill 109. We did Bill 109; that was Zendo’s. Bill 130. So, everyone in favor of Bill 130, say “aye.” Page 18 Hawai‘i County Council-35 April 11, 2018 Vote on Bill 130: The motion to pass Bill 130 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 130 is approved. Bill 131: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants – Hawai‘i Fire Department (HFD) Cordless Extrication Kit grant account ($35,000); and appropriates the same to the HFD Cordless Extrication Kit grant account. Funds would be used to reimburse the HFD for battery-powered rescue tools to be used by the Honoka‘a Fire Company to respond to motor vehicle collisions. Reference: Comm. 847 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 131 on first reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is the companion to Resolution 558-18, which he already explained. So if anyone else has questions, otherwise I ask for your support. CHR. POINDEXTER: I see no lights on. Okay. So, everyone in favor of Bill 131 say “aye.” Vote on Bill 131: The motion to pass Bill 131 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 19 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Bill 131 is approved. Bill 132: 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 Passenger Safety Program account ($13,340); and appropriates the same to the Child Passenger Safety Program account. Funds would be used to reimburse the Hawai‘i Fire Department for child passenger safety inspection clinics to be held throughout Hawai‘i Island in support of the department’s Child Passenger Safety program. Reference: Comm. 848 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 132 on first reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. This is the companion to Resolution 559-18, and I ask for your support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor of Bill 132 say “aye.” Vote on Bill 132: The motion to pass Bill 132 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 132 is approved. Thank you. Thank you for being here. Page 20 Hawai‘i County Council-35 April 11, 2018 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) First Reading: March 28, 2018 Motion to Approve: Ms. David moved to pass Bill 114 on second and final reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I believe this passed first reading with nine ayes, but Mr. Gyotoku is here and Sharon if anyone has questions. CHR. POINDEXTER: Any questions? Seeing or hearing none, all those in favor of Bill 114 say “aye.” Vote on Bill 114: The motion to pass Bill 114 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 114 is adopted. Page 21 Hawai‘i County Council-35 April 11, 2018 Bill 121: 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 ($75,000); and appropriates the same to the Voucher Rental Subsidies account, for a total appropriation of $15,075,000. Funds would be used for Housing Assistance Payment subsidies. Reference: Comm. 799 Intr. by: Ms. David (B/R) Approve: FC-96 Motion to Approve: Ms. David moved to pass Bill 121 on first reading and adopt Finance Committee Report No. 96. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is also another bill that passed unanimously. So, I just ask for your support. CHR. POINDEXTER: Okay, any other discussion? Mr. Gyotoku, did you want to say something? (At this time, Housing Administrator Neil Gyotoku came forward to address the members of the Council.) MR. GYOTOKU: Yes. I just wanted to mention that this increase in revenue is for our housing voucher program. It relates to what we call VASH, Veterans Affairs Supportive Housing, vouchers that are designated for veterans only. It increases our Housing Choice Voucher subsidies up to about $250,000 a year. So, this will just be for the balance of this fiscal year. In early January, I believe, HUD (United States Department of Housing and Urban Development) informed us that we had an allocation of VASH vouchers available. Ms. Sharon Hirota, here on my left, was very instrumental in applying and getting those additional vouchers for our program. It’s a very small allocation but it does help a little bit more. CHR. POINDEXTER: Thank you. All those in favor of Bill 121 say “aye.” Page 22 Hawai‘i County Council-35 April 11, 2018 Vote on Bill 121: The motion to pass Bill 121 on first reading and adopt (Approved) Finance Committee Report No. 96 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 121 is approved. 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) First Reading: March 28, 2018 Motion to Approve: Ms. David moved to pass Bill 122 on second and final reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is also a bill that passed first reading unanimously. So, I ask your continued support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 122: The motion to pass Bill 122 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 23 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Bill 122 is adopted. I want to say that we go to Bill 115, but I think that’s it for you, yeah? MR. GYOTOKU: Thank you very much. CHR. POINDEXTER: Thank you very much. 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) First Reading: March 28, 2018 Motion to Approve: Ms. David moved to pass Bill 115 on second and final reading. Seconded by Ms. O’Hara. MS. DAVID: I will yield to Ms. O’Hara. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: Thank you. This was actually a “by request” bill, and we have both Planning and Finance here who played a part in developing this request for Geothermal Relocation and Community Benefit funds. And we spent a lot of time discussing this in its first read. So, I don’t want to reiterate things that we already discussed and get very wordy. But there were a couple new developments I would like you to be aware of and that is, subsequent to our meeting two weeks ago Wednesday, I made a call to the Mayor’s Office and had a conference call with Mayor Kim to find out what actions he was taking towards realizing and giving relief on the three actions that are being demanded here and have been demanded for 29, 30 years. Those three actions are the source monitoring request, which can lead us to a realtime notification system, and an emergency evacuation plan. The community has not had that in 29 years. The plant has been operating since 1989. This is a real travesty in my opinion. I totally agree. What I did find out was the very day we had our Council meeting two weeks ago, he was meeting with oceanographer Dr. Steve Businger from UH Mānoa Page 24 Hawai‘i County Council-35 April 11, 2018 (University of Hawai‘i at Mānoa) about a new type of approach to monitoring the source and that will be using infrared technology. What the Mayor was presented with was basically a white paper. It wasn’t a full proposal; it was the concept idea. And the Mayor, rightly so, didn’t feel he had the technical expertise to evaluate. So, he asked Dr. Businger to visit DOH (Department of Health) and also the company PGV (Puna Geothermal Venture). I then had a meeting with the folks from Puna Pono Alliance. Unfortunately, Luana Jones, who had testified today and testified previously, was unable to make that meeting. I believe it was a week ago. Although, most of the other testifiers that came before us today and previously were at the meeting, other than Jane Hedtke who testified this morning. I’m sorry that she wasn’t at the meeting because we were able to sort out some of the background issues. And basically, we’re at a point where if Dr. Businger’s approach can be verified to have technical merit and will provide for that realtime notification system and then we can do the emergency evacuation plans, then we can move on to the second step which is getting that funded. That would normally be funded out of the Geothermal Asset Fund, which is the separate fund from the one that we’re talking about today. And currently, that fund has 2 million in unencumbered balance. And according to Dr. Businger, his estimate on fully rolling out the technology, the source monitoring, the realtime notification system would cost somewhere between 3-$400,000. So, the money resides in the Asset Fund to do that. But first, we have to evaluate whether or not the technology is robust enough to meet the needs of the public and keep them safe. So, I’m in communication with Dr. Businger. We’ve had phone calls, emails going back and forth, and he will be sharing the full proposal when he gets it written. He is used to having all of his proposals vetted, and he would expect that much. So, I’ll be reaching out. And we had a discussion with Puna Pono Alliance as to who would make a good third-party evaluator other than DOH, other than the company itself. We want a third-party evaluator. And it’s recognized that Tom Travis, who’s head of our State Civil Defense, has background here. He previously lived in Kapoho and is very familiar with the whole geothermal issue. So, I’ll be reaching out to Tom—and Dr. Businger knows Tom Travis as well— will be reaching out to him for a reference on who would be the technical person who could advise us as to the approach and whether it meets muster. So, that’s where we left things last week at our meeting. And I told him that I was going to be proceeding with this $30,000 request, which was initiated internally by the Administration due to the fact that we couldn’t shift CIP monies that were left over from the original conversion of the fire station to the senior center into an operations account—and this is operations. Page 25 Hawai‘i County Council-35 April 11, 2018 So, the additional clarification that some people were confused about, I’m not sure that they’re seeing this pink sheet out in the public that explains that it’s for both facilities: the senior center, the Pāhoa Neighborhood Facility. This is why this pink sheet is attached to clarify the use. So, that’s all that’s new. Thank you. CHR. POINDEXTER: Thank you. Council Member Ruggles. MS. RUGGLES: Thank you. I appreciate the information, Ms. O’Hara. I reached out to Puna Pono Alliance, and I actually became aware, I wasn’t aware of this, but there are actually three pending lawsuits right now. And I wanted to really understand what the reservations were considering that this wouldn’t touch the Asset Fund, which is responsible for taking care of these projects that the community wants. And their explanation was that they’re hesitant to spend the funds because we don’t know the final cost of what all of these projects will be, and which are for the emergency preparedness plan and the air monitoring and the phone notification, and now gas masks. So, I keep asking myself is there any way that we can protect these funds until we know what the costs are and provide the seniors with Wi-Fi. Certainly, these funds should come out of the General Fund. But yes, since I’ve brought up many times before, and as many testifiers have brought up, Puna is underserved. It’s unfortunate that we have to look towards taking royalties from a toxic industrial operation that’s operating in one of our neighborhoods where people live because, very simply, we’re not getting our fair share. We have to divide our underserved community to scramble for scraps for basic services; internet for our seniors that makeup—we’re almost a quarter of the population and we don’t even have internet for our community out there. So, I want to ask Director Sako if you could come up, please? (At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. Deanna Sako, Director of Finance. MS. RUGGLES: Thank you. I just wanted to confirm with you that there’s absolutely no mechanism that we can use that would take the CIP funds that are left over from the park and use it for the Wi-Fi at the senior center. MS. SAKO: My understanding is that it’s going to be used for Wi-Fi and computers at the senior center—that’s equipment. In our operating budget, we do have Salaries and Wages – Operating Funds and Equipment. That’s not the same thing as a capital project. A capital project is more like a building or a road or something that’s substantial in nature. And frequently, it’s the things we use our bond money for. Page 26 Hawai‘i County Council-35 April 11, 2018 So, we have criteria we have to follow through Governmental Accounting Standards Board, and we get audited on those things. So right now, based on my understanding of the project, no, we cannot use the money that’s in the capital project fund for that. MS. RUGGLES: Okay, thank you. I did talk with Mr. Kamelamela earlier just to see if there was some way that we could finagle the definition of “capital improvement projects” to meet this Wi-Fi installation, and it doesn’t meet the criteria in any way. That’s all the questions I have. Thank you. So, after hearing all of the testimony, the feeling in my gut changed towards this bill because we don’t know how much these plans are going to cost; how much the source monitoring, the emergency response plan, and the phone notification is going to cost. And until we do and until we can ensure the community that they’ll get what they’re entitled to, what the funds were originally for which was to mitigate the impact of this toxic industrial operation in our neighborhood, that I don’t think we should spend the funds on anything unrelated. It isn’t right. It just doesn’t feel right to me. So, I’m with the community that’s impacted by geothermal. It doesn’t make sense that they would make up stories of the blowout, of passing out. Why would they make these stories up? So they can get free gas masks? So they can get a fancy emergency response plan? There’s no alternate motive from them, and they’re here testifying before us like they have been for almost three decades because they’re concerned for their safety. And this is reasonable. So, I checked my Contingency Relief Funds, and I actually have exactly $30,000 in my CRF (Contingency Relief Funds) left because a few of our CRFs were denied. Thank you, Joe. And so, this was originally going to go for emergency call boxes in Kalapana, but because the contract is taking so long with the company in Canada that it’s not going to happen until next budget cycle anyway. So, I’d be happy to commit my current contingency funds for the Wi-Fi at the senior center so that we can protect these funds until we know what the costs are going to be for these three projects. Because, you never know what’s going to happen down the road and what the costs associated are going to be. And I commit my funds to fund the Wi-Fi at the senior center. Thank you. CHR. POINDEXTER: I guess the denial of your other CRFs is a blessing in disguise. Council Member O’Hara. MS. O’HARA: Hallelujah, that’s all I’ve got to say. It doesn’t feel right even though we’re talking different funds and even though we have a fairly good estimate on what these three actions are going to cost, 3-400,000, and we know that we have the money in the bank. But there are unknowns always. And I Page 27 Hawai‘i County Council-35 April 11, 2018 appreciate that you have an alternative solution to pay for the program. This is wonderful news. The senior center is actually in your district. So, I really appreciate this. And I’m just going to ask the Director of Finance, would that be a way to move forward on this particular program so she can give her CRF to Parks and Recreation and move this forward that way? ‘Cause Roxy, who was here earlier, said she’s already committed to the project and moving on it. So, that’s really excellent alternative. Thank you, Ms. Ruggles. CHR. POINDEXTER: Council Member Chung. MR. CHUNG: I’m glad this is heading toward a happy ending. I’m going to be voting against this measure. I had sought some guidance from both of the Council Members from Puna but, having not received a clear signal from one of them, I voted no. Tried to reconsider my vote, was not allowed to do so. But having given it more thought over the ensuing two weeks or month—ah, two weeks, I believe that using the monies from this fund, notwithstanding the fact that it was allowed for by some rule change, flies in the face of the purpose of that fund. And I’m glad that Ms. Ruggles can find the money because it seems to be a much needed service over there in Puna. But I believe that they also—this service has to be funded from the General Fund and not this other fund. So, I’d be voting against it. I’m wondering if it’s moot, however, given the fact that Ms. Ruggles is going to be funding it with her Contingency Relief Funds. CHR. POINDEXTER: Before I give it back to Ms. O’Hara, Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, I voted against this bill down in Committee, and I’m a little annoyed right now because the Finance Committee Report lists everybody saying “aye.” And we can edit that later. I voted against this measure because, like Mr. Chung iterated, there’s a community out there and a fund that was established, and there were conditions applied to that and they have not been met. And I think it’s time that people stand up and have some courage to start holding this fund accountable to what it’s supposed to deliver. As Mr. Chung said, it might be a moot point and maybe even withdrawing it at this point might be just a better venue. But I just want to share this is going to be kind of a signal going forward. If we cannot move the other asks and the other conditions that this fund was established for after waiting 30 years, it’s unacceptable for us to pinch out the money. That’s just disrespectful. And some real robust conversations need to be had with the Page 28 Hawai‘i County Council-35 April 11, 2018 Administration, and hopefully there will be more people at the table to get those things accomplished. Thirty years is a long time to wait. So, that’s where I stand. I’m going to be voting against this measure. CHR. POINDEXTER: Thank you. And I think for clarification purposes, I think it was at the Committee level the vote was no. MS. O’HARA: It was nine ayes. CHR. POINDEXTER: I mean, the Committee level it was nine ayes, and then the first reading it was no. So, that’s just to clarify that the pink copy we have in here is correct. It was at the Committee that everybody voted aye. But, Council Member O’Hara. MS. O’HARA: Well, I’m really delighted we have an alternative solution to this. I agree that the three asks need to get done, and they should have gotten done all these years. And I think maybe we’re on a path to getting that done. I want the Council, though, to recognize there isn’t just one fund. There are two funds, and they have different missions assigned to the two funds. And it’s most appropriate that the technical dispersion modeling, or whatever we want to call the effort to get source monitoring, is put in place as soon as we possibly can and that we reserve the $2 million that’s in the Asset Fund until we get these things done. There is concern in my mind because there is work being done and we’re moving it forward. And I would hope this group can help push that through ‘cause it needs to be properly evaluated. So, I’m really happy that we have a solution. I would like to postpone the current bill indefinitely. I’m not the maker but I think I can do that, yeah? CHR. POINDEXTER: Yeah. MS. O’HARA: Okay. Motion to Postpone: Ms. O’Hara moved to postpone Bill 115 indefinitely. Seconded by Mr. Kanuha. CHR. POINDEXTER: Any discussion on—no? Okay, all those in favor say “aye.” Page 29 Hawai‘i County Council-35 April 11, 2018 Vote on Motion to The motion to postpone Bill 115 indefinitely was carried by Postpone: the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 115 has been postponed indefinitely. Return to Order The Chair directed the Council to return to the order of business. of Business: Comm. 844: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 14 FOLDING CHAIRS AND 3 TABLES Donated by On Target, Inc., with a total estimated value of $558, this donation would be used at the Department of Parks and Recreation’s Hilo Trap and Skeet Range. Waived: FC Vote on Comm. 844: Mr. Richards moved to approve the donation of 14 folding (Approved) chairs and 3 tables. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member O’Hara – 1. Excused: None. 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.) Page 30 Hawai‘i County Council-35 April 11, 2018 Res. 526-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Authorizes the Mayor to enter into a new five-year sublease agreement with Men’s Shop, Inc., to allow for the continued occupancy of warehouse space located at 210 Maka‘ala Street, Hilo, with an approximate monthly cost of $1,630. Reference: Comm. 790 Intr. by: Ms. Poindexter Approve: FC-93 Vote on Res. 526-18: Ms. David moved to adopt Res. 526-18 and Finance (Adopted) Committee Report No. 93. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member O’Hara – 1. Excused: None. CHR. POINDEXTER: Resolution 526-18 is adopted. Res. 527-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement for one copier to be used by the Hawai‘i County Band, with an approximate monthly cost of $61 plus additional cost for each copy. Reference: Comm. 797 Intr. by: Ms. David (B/R) Approve: FC-94 Motion to Approve: Ms. David moved to adopt Res. 527-18 and Finance Committee Report No. 94. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your support. Page 31 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 527-18: The motion to adopt Res. 527-18 and Finance Committee (Adopted) Report No. 94 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member O’Hara – 1. Excused: None. CHR. POINDEXTER: Resolution 527 is adopted. Res. 528-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement for one copier to be used by the Real Property Tax Division in Hilo, with an approximate monthly cost of $343 plus additional cost for each copy. Reference: Comm. 798 Intr. by: Ms. David (B/R) Approve: FC-95 Vote on Res. 528-18: Ms. David moved to adopt Res. 528-18 and Finance (Adopted) Committee Report No. 95. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member O’Hara – 1. Excused: None. CHR. POINDEXTER: Resolution 528 is adopted. Page 32 Hawai‘i County Council-35 April 11, 2018 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 Postponed: March 28, 2018 (Note: There is a motion by Mr. Chung, seconded by Mr. Richards, to approve Res. 537-18.) Vote on Res. 537-18: The motion to adopt Res. 537-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 537-18 is adopted. Res. 545-18: 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. TO SUPPORT TROPIC CARE 2018 Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 820 Intr. by: Mr. Chung Page 33 Hawai‘i County Council-35 April 11, 2018 Vote on Res. 545-18: Mr. Chung moved to adopt Res. 545-18. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 545-18 is adopted. Res. 546-18: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO SUPPORT THE FOREST ROOTS II FAMILY EDUCATION DAY AND HUNTING TOURNAMENT Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 821 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 546-18. Seconded by Mr. Richards. Vote on Motion to Ms. O’Hara moved to postpone Res. 546-18 to April 25, Postpone: 2018. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 546 is postponed. Page 34 Hawai‘i County Council-35 April 11, 2018 Res. 547-18: 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 CLUB FOR THE 2018 KEA‘AU HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 822 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 547-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Asking for your support. CHR. POINDEXTER: Any other discussion, questions? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 547-18: The motion to adopt Res. 547-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 547-18 is adopted. Res. 548-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE TH 34 ANNUAL QUIKSILVER/BIG ISLAND PRO-AM SURFING TRIALS 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. 823 Intr. by: Mr. Chung Page 35 Hawai‘i County Council-35 April 11, 2018 Motion to Approve: Mr. Chung moved to adopt Res. 548-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Chung. MR. CHUNG: I’m going to be asking for this body’s support. But in the spirit of full disclosure, I want to point out that I received or my office received an e-mail from Council Member, it doesn’t say “Chairman” so I don’t know if it was in her capacity as chairman or as council member, but Val. And I’m going to read it to you so all of you can just consider it and see if this is an appropriate use of funds: “Public funds should not be used to sponsor fundraising events and neither should such funds be used”—sorry, my eyes are really bad—to be “used as donations for a fundraiser. In accordance with Section 2-137, Hawai‘i County Code, public funds go toward a service or activity that would provide direct benefits to the public. Having a service or activity for the public at no charge clearly provides a direct benefit to the public. Also, pursuant to Section 2-139(2)(a), Hawai‘i County Code, sponsoring a fundraising event is not a specified service or activity for the public to participate at no charge.” I have a response to that, but I didn’t know if this was just an advisory or a directive. I don’t know if any of you have ever received any type of memo like this pertaining— CHR. POINDEXTER: I can explain that, how it happened. MR. CHUNG: Okay, please. CHR. POINDEXTER: Because, I think it was taken out of context. MR. CHUNG: I’m just reading what was sent to my office. CHR. POINDEXTER: Yeah, right, it was sent to Amy because— MR. CHUNG: My office. CHR. POINDEXTER: Right. Because, I had gotten an email from the same person saying that Council Member Chung is going to give money and why couldn’t I give money. Well, what I did when I got the request, anytime I feel like it may or may not be okay, I always send my information to Corp. Counsel to get some advice from Corp. Counsel. So, when this guy sent me the e-mail and he said he was referring to you and that you were giving so I should be able to give, but I had already asked for my opinion from Corp. Counsel. So, I went to Page 36 Hawai‘i County Council-35 April 11, 2018 Amy and I said, “Amy, I know I got the same request but I’m not going to be able to give because I got a response back from Corp. Counsel.” She asked me for what that was and that’s the reason why I sent it to her. So, it was not intended for me to tell you how to make your decision. I was telling her, based on what the member said. The person who was requesting this grant asked my office and referred to your office that you were giving. It’s two separate. You can do what you want. I did what I needed to do. Amy asked, and I said, “I can send you what Corp. Counsel sent me.” That’s the only reason why I sent that. She wanted to see it. So, that was the only reason. You can make up your own mind. I am not giving you that advice. I was giving Amy what she requested to see from me. So, I just wanted to get that clear. MR. CHUNG: So, just yes or no, did you guys vet this request? Okay, thanks. Because, I did check with Joe. And quite frankly, look, I don’t know what people are telling you. Because, I’m sure people who are requesting funds might say, “Well, Ms. Ruggles gave and we’re wondering if you could give.” That doesn’t mean I’m going to tell Ms. Ruggles, “Well, read something like this.” Right? It’s your decision what you want to do, if you want to give or don’t give. It’s not like I told them, “Eh, go talk to Val and get her to give money,” or anything. I have no involvement in this. I’m just giving my money. Hopefully, it will have the support of everyone here. And just keep me out of it unless it is a directive or advisory to me, which I would still take offense. Right? But just leave me out of it. CHR. POINDEXTER: Because they mentioned your office and said that you said certain—and I can share with you the e-mail—all I did out of courtesy, Council Member Chung, is go to your office and tell Amy that, because he was expecting that you and I. Amy just asked for that. I kindly sent that to her. That was it. MR. CHUNG: Look— CHR. POINDEXTER: My conversation with that—so all I’m saying is that was out of courtesy that I just told—when your office staff asks me something, I will check with you first before I send them anything. I’ll do that out of courtesy to you. MR. CHUNG: Me? Courtesy? ‘Cause I hope you understand my confusion. I’m getting this thing, and all I’m looking at are the words. CHR. POINDEXTER: I didn’t send it to you. MR. CHUNG: Well, my office— Page 37 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: I sent it to Amy. Okay, I won’t send anything to your office unless I check with you if it’s okay. So, okay. So, we’ll move on from there. MR. CHUNG: Wait. No. It’s not okay. Because, look, Val, all you had to do was come and tell me, “Eh, Aaron, I’m getting a call from this guy and he’s telling me you guys gave but I cannot give, okay. I’m not going to give you the reasons why—” CHR. POINDEXTER: Right. Well, I went to— MR. CHUNG: Why do you have to put all of these legal details— CHR. POINDEXTER: No, I went to your office to see you weren’t in. So, Amy just asked me for that, so that’s why I gave it to her. So when she gave it to you, if she would’ve explained what had happened, then you should’ve called me if that— MR. CHUNG: No, wait. No. CHR. POINDEXTER: Okay, I’m going to stop. I’m taking a recess, five minutes. We can talk about this some other time. This has nothing to do with this. Recess five minutes. Recess: At 12:14 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:20 p.m. CHR. POINDEXTER: On Resolution 548-18, is there any further discussion? MR. CHUNG: Yes. So, I’m just going to get to the merits of this matter. I have to tangentially address it in terms of what has been written here. This is an event that’s being held I think at Honoli‘i, not even my district, right. And it has been funded by the County’s Mayor’s Office for I don’t know how long. So, what happened was the surfing community came to, I’m sure, many of the members here. I know they approached me. I told them, “Look, I don’t have much money to give but I’ll give 2,000.” All right? We don’t have the war chest that the Mayor’s Office would have because they’re not getting funding from the Administration this year. So, I committed 2,000. I believe it is a worthwhile cause. I think all of you know that I’ve always tried to advance cultural activities on this island. As far as I know, surfing is our State individual sport, canoe paddling being the team sport. And I don’t think that the Parks and Recreation has any kind of surfing contest throughout the year. So I figured, “Yeah, why not? Just give these guys some Page 38 Hawai‘i County Council-35 April 11, 2018 money.” Now, they are charging an entrance fee. But the fact that they’re doing that should not necessarily be considered as them making a fundraiser. It’s akin to the women’s conference that all of us gave; they charged, I don’t know what you call it, I’m going to use “entry fee” but that’s probably not the right term. But they charged something for attendance. The organizers of this event are not making a cent. In fact, they’re taking a loss. And this is really to defray all of the costs of the t-shirts and all of this thing. And really, there’s even a broader benefit to our island. Really, when you look at surfing, many people might look at it as being something that’s enjoyed by the different sort of people, alternate lifestyle kind of guys. But many of the people who participate in surfing, as best I can tell, I’m not a surfer, but they’re at-risk kids. And this is their opportunity to really get some self-esteem. If I had to take a guess, most of the participants in this event are not even coming from my district. They’ll probably be coming from Puna and Hāmākua. I’m not trying to upstage anybody or anything like that. I don’t know how I got sucked into this whole matter, but I’m just trying to help a cultural pursuit. It’s not a fundraiser. I don’t see anything that they’re doing which would make it run afoul of our County Code. And I’m asking for your support. Thank you. CHR. POINDEXTER: Any other discussion? Council Member Richards. MR. RICHARDS: Thank you, Chair. Actually, Councilman Chung, I agree with your intent to support for similar reasons, also a little bit different. When you touched on at-risk kids, I think we use the County and our charge is to try to make things better for the constituency going forward. And that means putting resources towards things that may be a little bit different, not at a State level not at a Federal level but at a local level, and whatever capacity we can to encourage kids to maybe break the mold and do something a little bit different. As I read through this stuff and the chance to go off island, I’m sure none of my constituents are going to be participating in this. This is not our area. And Big Island’s not known for its surfing. It’s just we don’t have the area and we don’t have as deep a culture. It’s there but I totally support the intent. And then if this is a springboard to get guys to the big stuff on O‘ahu and you may have one kid make a difference going forward. So, I totally support it and I’ll be supporting this. Thank you. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you for bringing this forward, Mr. Chung, ‘cause I got a similar email. And just a little bit of a backdrop for this specific ask: The first time I got asked to support this program was last year, and Page 39 Hawai‘i County Council-35 April 11, 2018 the ask actually came from Roy Takemoto of the Mayor’s Office. And at that time, I didn’t have funds because freshman council members, we only had half of that contingency money. So when this year rolled around, I got an e-mail from the organizer and I said, “Okay, well, I wasn’t able to give last year but I want to give this year.” And we had a very robust discussion over two or three committee meetings on public purpose, public intent, and the use of our contingency funds. And if I recall correctly, the consensus was we’re the Council Members that decide what is the public purpose. So, I focused on a use of special duty officers, portable toilets. Portable toilets down at the beach—the most needed thing to help our environment. Those were the public purposes that I focused on, and started drafting and had staff draft a resolution to ensure that the money was going to that, not to cover somebody’s entry fee. And I’m a little concerned right now if this is going to be a new qualifier, that if an event has an admission or some type of charge to get through the door that now we no longer can contribute public monies—we going have Mr. Kamelamela up here again. I hope Ms. Ruggles is working on those edits for that part of our Code. I’m going to be wholeheartedly supporting this. And I just think we need, as colleagues, to support one another and not get in the way of us trying to serve community. I yield. Mr. Chung, thank you for raising the issue. Ms. Ruggles, if you’re going to be editing that section of the Code, I’m looking forward to it. Thank you. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: Yeah, let’s get this clear so we don’t run into this obstacle in the future. Surf events generally have an entry or registration fee; that’s just typical. But that fee is often set so low so that the kids can participate; they’re kids and they don’t have a lot of money. I know there was a really good event last month at Pohoiki. Yes, we do have some surfing here on the Big Island, Tim. And it was the eighth annual, I believe, Uncle Boogie surf tournament put on by Nohealani Chun and her son Ikaika were the lead organizers. They had two weeks before the event, which they had already gotten the permit from Parks and Rec., they got a new letter from Parks and Rec. informing them that instead of having just one port-a-potty, they had to have four, and that they had to have off-duty police and that they had to have some way of cleaning the site afterwards. I got involved in the intervention there because they came to my office. They weren’t prepared. They weren’t charging a rate that they could pay for all of that. So, we went to work and Parks and Rec. agreed that they didn’t need the off-duty Page 40 Hawai‘i County Council-35 April 11, 2018 police ‘cause they had Koa Puna to police the event. They agreed that—the poster even, it said that they would have a cleanup event on Monday; it was a long weekend. So, they were going to cleanup anyway, regardless. And we got the port-a-potty cost down through donations. But I had exhausted my contingency funds at that point. I couldn’t have helped them ‘cause it was just such a last-minute notice. So, there are entry fees associated with some of these things that don’t cover all of the associated costs of putting on the festival. In that case, there were 300-400 people down there. They had music. They had free food. They had tents that they rented. It was an expensive event to put on for a three-day event, and it wasn’t covered just by their little bit of their entry fees. So, I think it’s real important that we don’t set this as an obstacle for making donations. Because in truth, Parks and Rec. is looking at co-hosting that event next year as a result of that experience, and I’m really pleased with that. In the past, the Mayor’s Office provided things like the port-a-potties and whatnot for the Uncle Boogie surfing meet. In the future, I think it’ll be co-hosted by Parks and Rec. because we got that connection and involvement. So, I don’t want to set up obstacles like that. It’s not necessary. CHR. POINDEXTER: Any other discussion? Council Member Chung. MR. CHUNG: Thank you. And something that Ms. Lee Loy said kind of jogged my memory, as well. And first of all, I want to apologize to all of you, and Val included, if I made this discussion degenerate into a “me versus Val” kind of stuff. But you’ve got to understand the backdrop here. Coming off the heels of Ms. Ruggles’ experience, which actually turned out to your benefit, I think I stated at that time I didn’t like the idea of there being gatekeepers, right, to the use of our funds. And that was in support of my colleague, even if I kind of agree with some of the points that Joe brought up. But as a Council, we have to stand fast. This is our money. We should be able to use it as long as we are not totally misusing it. And I’ve stated publicly that I’ve gone to bat for each and every one of our appropriations. I have never seen a blatant misuse or even a misuse on the part of this body. We’ve always exercised our authority responsibly. But at some point, we have to stand fast as a council. So after that experience, then I see this, right? No offense but you’ve got to understand how I’m going to all of a sudden see red now. You mean first we had to deal with—Joe, no offense too—and then now from within? CHR. POINDEXTER: Yeah, and again, it was out of proportion it ended up, because it was just an innocent think that your staff had asked to see what the recommendation came back from Corp. Counsel. Because of what had happened, like you said, with what Ms. Ruggles had brought up, every time I feel uncertain Page 41 Hawai‘i County Council-35 April 11, 2018 that if it may be something that will be challenged by Corp. Counsel, I will always ask Corp. Counsel for an opinion. I have asked Corp. Counsel for an opinion on many things. And so, that’s why I asked on that opinion, and that’s what I got back. And it was innocently asked by your office if they could see that. So, I just shared what Corp. Counsel Kamelamela had sent me. So, thank you. MR. CHUNG: Look how good this is now. Now you found out that this is okay, you can give money too now. CHR. POINDEXTER: Yeah. But yeah, so it was taken out of context and unfortunately it just happened and you took it the wrong way. So, I apologize if it was taken the wrong way. But now with Resolution 548-18, all those in favor say “aye.” Vote on Res. 548-18: The motion to adopt Res. 548-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 548-18 is adopted. Res. 549-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I FOR ITS GOING HOME CONSORTIUM CONFERENCE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 824 Intr. by: Ms. O’Hara Motion to Approve: Ms. O’Hara moved to adopt Res. 549-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member O’Hara. MS. O’HARA: We’ve heard already about this program. I don’t need to say much more, just ask for your support. Page 42 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 549-18: The motion to adopt Res. 549-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 549-18 is adopted. Recess: At 12:35 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:46 p.m. Res. 550-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CAMP AGAPE HAWAI‘I TO ASSIST WITH EXPENSES RELATED TO THE 2018 CAMP AGAPE BIG ISLAND Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 825 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 550-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Just urging the rest of my colleagues’ support. Thank you. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 43 Hawai‘i County Council-35 April 11, 2018 Vote on Res. 550-18: The motion to adopt Res. 550-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 550-18 is adopted. Res. 551-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAHUA PA‘A MUA, INC., FOR PROJECT REACH OUT, A SUICIDE PREVENTION PROGRAM FOR SCHOOLS IN SOUTH KONA Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 826 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 551-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I just urge and ask for my colleagues’ support. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 551-18: The motion to adopt Res. 551-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 551-18 is adopted. Page 44 Hawai‘i County Council-35 April 11, 2018 Res. 552-18: 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 HAWAI‘I ISLAND PORTUGUESE CHAMBER OF COMMERCE TH CULTURAL AND EDUCATIONAL CENTER FOR THE 140PORTUGUESE IMMIGRANT ANNIVERSARY CELEBRATION Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 827 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 552-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you. Just happy to support, and I ask for all of your support as well. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 552-18: The motion to adopt Res. 552-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 552-18 is adopted. Page 45 Hawai‘i County Council-35 April 11, 2018 Res. 553-18: 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 HONPA HONGWANJI MISSION OF HAWAI‘I TO COMPLETE A FILM DOCUMENTARY ABOUT KATSU GOTO Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Research and Development, Big Island Film Office account. Reference: Comm. 828 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 553-18. Seconded by Ms. David. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Happy to support and asking for the rest of my colleagues to support. CHR. POINDEXTER: Any other discussion? Council Member Chung. No? Okay. All those in favor say “aye.” Vote on Res. 553-18: The motion to adopt Res. 553-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 553-18 is adopted. Res. 554-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A BATTING CAGE AND NET FOR ‘ĀINAOLA PARK Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Friends of the Park account. Reference: Comm. 829 Intr. by: Ms. Lee Loy Page 46 Hawai‘i County Council-35 April 11, 2018 Motion to Approve: Ms. Lee Loy moved to adopt Res. 554-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you. Urging my colleagues’ support. This actually is an interesting one. We have a tennis court at that particular park that’s in disrepair. And so, the Pirates’ baseball program is loaning a lot of the labor to help repair and convert that tennis area into a batting cage. And so, this was a perfect kind of public-private partnership to help get something going for the kids that use the fields for baseball. So, I’m urging my colleagues’ support. Thank you. CHR. POINDEXTER: Thanks. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 554-18: The motion to adopt Res. 554-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 5—where am I? MR. MAEDA: 554. CHR. POINDEXTER: 554 is adopted. Res. 557-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $75 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the Fraternal Order of Eagles Aerie #3642, this donation would be used by the department’s Pana‘ewa Rainforest Zoo and Garden. Reference: Comm. 845 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 557-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. Page 47 Hawai‘i County Council-35 April 11, 2018 MS. DAVID: Yes, I would just like to ask your support and also thank the Fraternal Order of Eagles—is that Aerie number three, six— MR. MAEDA: Aerie. MS. DAVID: Aerie, yeah, 3642 for the donation. Thank you. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 557-18: The motion to adopt Res. 557-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 557-18 is adopted. Res. 560-18: APPOINTS DRU MAMO KANUHA AS REPRESENTATIVE AND VALERIE T. POINDEXTER AS ALTERNATE REPRESENTATIVE TO THE EXECUTIVE COMMITTEE OF THE HAWAI‘I STATE ASSOCIATION OF COUNTIES FOR A TERM COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019 Reference: Comm. 849 Intr. by: Mr. Kanuha Waived: GREDC Motion to Approve: Mr. Kanuha moved to adopt Res. 560-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you. This is just housekeeping. Continuing on for HSAC (Hawai‘i State Association of Counties), the bylaws require that we th designate a member and alternate prior to April of each year. So—April 15, sorry. We’re kind of late finding this out. So, just ask for all your support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 48 Hawai‘i County Council-35 April 11, 2018 Vote on Res. 560-18: The motion to adopt Res. 560-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 560— MS. EOFF: Do we need to waive that holdover period or just go with it? MR. MAEDA: (Inaudible). CHR. POINDEXTER: Okay. So, Resolution 560-18 is adopted. Res. 561-18: 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 2018 HONOKA‘A WESTERN WEEK FESTIVAL Transfers $5,000 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. 850 Intr. by: Ms. Poindexter Vote on Res. 561-18: Ms. Eoff moved to adopt Res. 561-18. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 561-18 is adopted. Page 49 Hawai‘i County Council-35 April 11, 2018 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 118: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-279, Schedule 27 (Parking on pavement prohibited at all times), Subsection (f), Kona, by adding a portion of Puuhalo Street. Reference: Comm. 791 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-40 Vote on Bill 118: Ms. Ruggles moved to pass Bill 118 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 40. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 118 is approved. Bill 119: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-257, Schedule 5 (35 mile per hour limit), Subsection (f), Kona, by revising an existing listing and adding a new listing for two distinct portions of Ka‘iminani Drive. Reference: Comm. 792 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-41 Page 50 Hawai‘i County Council-35 April 11, 2018 Vote on Bill 119: Ms. Ruggles moved to pass Bill 119 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 41. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 119 is approved. Bill 120: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-260, Schedule 8 (45 mile per hour limit), Subsection (f), Kona, by revising an existing listing for a portion of Ka‘iminani Drive. Reference: Comm. 793 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-42 Vote on Bill 120: Ms. Ruggles moved to pass Bill 120 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 42. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 120 is approved. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 51 Hawai‘i County Council-35 April 11, 2018 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 Second Reading: March 28, 2018 2/3 Vote: Third 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 third and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Yeah, thank you, Chair. I continue to urge my colleagues to continue to support this. This discussion was initiated a long time ago and really done based on some reaction from the community. And we created through Bill 98 and subsequently with Bill 98, Draft 2, a framework that would provide the electorate a way to engage. I’m going to take the liberty to point out within our communication file, Mr. Hugh Ono submitted testimony, Communication 712, asking for suggestive edits to Bill 98. He frames it with, “These additional requirements should make the future salary changes by the Salary Commission clearer” with “all future changes to include public and political involvement as well as better reconciled with the” Hawai‘i County “annual budgets.” We are at third reading. I’m going to continue to urge my colleagues to support this. I want good policy. And if it is the will of this body to glean through what Mr. Ono is providing in a way to provide better continuity between the Commission and what the Commission is doing along with a ballot initiative in Page 52 Hawai‘i County Council-35 April 11, 2018 which it fits perfectly into some of the other mechanisms and then actually sets a standard for future boards and commissions, I’m willing to entertain it. But for right now, I’m going to yield. Thank you. CHR. POINDEXTER: Any other discussion? Council Member O’Hara. MS. O’HARA: Thank you, Chair. I’ve been supporting this bill. And I also have been listening to the Salary Commission’s independent testimonies on this. And I understand that the Salary Commission is undergoing intense effort to revise and update their rather archaic rules. And I do think it’s important that whatever we adopt here as a Charter amendment that needs to go out to the public to be voted on dovetails properly with the revised rules. And we’ve got to be at least sensitive to the fact that they’re doing these revisions currently. I can’t really evaluate the suggested changes in terms of their rules, ‘cause we don’t have a copy of their rules, and how they all fit together, but I’m going to assume that Mr. Ono has undertaken a thorough review. There’s no rush on this. We’re in April and at third reading, and I don’t think we have to have Charter amendments ready until—we still have plenty of time. Okay. So, I don’t think it would hurt to try to see if changing up this language as requested makes it clearer as he claims it does. We definitely want clarity. So, I’m not in a position to really evaluate because we don’t have the other side of the picture. We don’t have the update on the commission rules to see how this plays out. But, it may be worth holding off for a meeting. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. A question for Clerk. If we amend the bill, does this go back? Does it reset the clock for the amendments? Or do we have to go through three readings again? MR. MAEDA: No, we don’t. MR. RICHARDS: Okay. Okay, I yield. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor of Bill 98, Draft 2, please say “aye.” Page 53 Hawai‘i County Council-35 April 11, 2018 Vote on Bill 98: The motion to pass Bill 98, Draft 2, on third and final (Draft 2) reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter – 8. Noes: Council Member O’Hara – 1. Absent: None. Excused: None. CHR. POINDEXTER: Bill 98, Draft 2, is approved. Bill 113 AMENDS CHAPTER 2 OF THE HAWAI‘I COUNTY CODE 1983 (Draft 2): (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. 780.4 Intr. by: Ms. Lee Loy First Reading: March 28, 2018 Motion to Approve: Ms. Lee Loy moved to pass Bill 113, Draft 2, on second and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. This is a future tool in the toolbox that might be able to provide other revenue sources to help with improving all of our County assets. So, I’m going to be urging my colleagues to support this. Thank you. CHR. POINDEXTER: Okay. No other discussion, all those in favor say “aye.” Vote on Bill 113: The motion to pass Bill 113, Draft 2, on second and final (Draft 2) reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 54 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Bill 113, Draft 2, is approved. 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) First Reading: March 28, 2018 Motion to Approve: Ms. David moved to pass Bill 123 on second and final reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: I just ask for your continued support. Thank you. CHR. POINDEXTER: No other discussion, seeing or hearing none, all those in favor say “aye.” Vote on Bill 123: The motion to pass Bill 123 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 123 is adopted. Page 55 Hawai‘i County Council-35 April 11, 2018 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) First Reading: March 28, 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 124 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: I’ll yield to Councilman Kanuha. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Just briefly, I ask for your support. I know Director Kucharski was here earlier, but I’m just wanting to make sure that this is going to be enough money. Hopefully it is. Hopefully the bids aren’t overwhelmingly more than what is anticipated. So, hopefully we can get this project done as soon as possible, but I ask for your support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 124: The motion to pass Bill 124 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 56 Hawai‘i County Council-35 April 11, 2018 CHR. POINDEXTER: Bill 124 is adopted. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-53 NOMINATION OF MARK HINSHAW TO THE PUNA COMMUNITY (Comm. 795): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: April 21, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on PC-53: Ms. Ruggles moved to adopt Planning Committee Report (Adopted) No. 53. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Members O’Hara and Richards – 2. Excused: None. CHR. POINDEXTER: We have seven ayes, two excused to file PC-53. PC-54 NOMINATION OF BRENT NORRIS TO THE PUNA COMMUNITY (Comm. 796): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: April 21, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on PC-54: Ms. Ruggles moved to adopt Planning Committee Report (Adopted) No. 54. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, PC-54, Communication 796 is filed and approved. Page 57 Hawai‘i County Council-35 April 11, 2018 EMC-4 NOMINATION OF MYRICK W. GAFFNEY TO THE ENVIRONMENTAL (Comm. 794): MANAGEMENT COMMISSION Requires Council Confirmation by: April 21, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on EMC-4: Ms. David moved to adopt Environmental Management (Adopted) Committee Report No. 4. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: EMC-4 is filed and approved. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE-The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN-There being no further business, at 1:13 p.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Page 58 Hawai`i County Council-35 April 11, 2018 CHR. POINDEXTER: Meeting is adjourned. Council Approval: MAY 21 261$ COUN CLERK SM/dg Page 59