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HomeMy WebLinkAboutMIN COUNCIL 2018-05-21 2016-2018 Hawai‘i County Council th 38 Session Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i May 21, 2018 INVOCATION: Kahu Brian Welsh of Haili Congregational Church gave the morning’s invocation. CALL TO The regular meeting of the Hawai‘i County Council was called to order at ORDER: 2:17 p.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 (came in later) Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Eileen O’Hara, Member Mr. Herbert M. “Tim” Richards, III, Member Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) Hawai‘i County Council-38 May 21, 2018 APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Ms. O’Hara moved to approve the Minutes of April 11, Minutes: 2018. Seconded by Ms. Eoff and carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 588-18: ACCEPTS THE DEDICATION OF ROAD LOT 10-B, IDENTIFIED AS TAX MAP KEY: 7-5-020:083, SITUATED AT PUAPUAʻA 1, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAIʻI, STATE OF HAWAIʻI FROM THE BETTY C. KANUHA FOUNDATION, INC., A HAWAIʻI NON-PROFIT COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 881 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-46 Motion to Approve: Ms. Ruggles moved to adopt Res. 588-18 and Public Works and Parks and Recreation Committee Report No. 46. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Ruggles. MS. RUGGLES: No discussion. CHR. POINDEXTER: Council Member Kanuha. Page 2 Hawai‘i County Council-38 May 21, 2018 MR. KANUHA: Thank you, Madam Chair. I stated my reasons for recusing myself during the Committee meeting and will continue to do so at the Council level. So, if I could ask for a recusal from this vote. CHR. POINDEXTER: Thank you. Seeing or hearing no other discussion, all those in favor say “aye.” Vote on Res. 588-18: The motion to adopt Res. 588-18 and Public Works and (Adopted) Parks and Recreation Committee Report No. 46 was carried by the following voice vote: Ayes: Council Members David, Eoff, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 7. Noes: None. Absent: Council Member Chung – 1. Excused: Council Member Kanuha – 1. Res. 592-18: AUTHORIZES THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE, AND THE STATE OF HAWAIʻI, FOR THE MANAGEMENT OF THE ALA KAHAKAI NATIONAL HISTORIC TRAIL The agreement would coordinate and clarify the jurisdictional, regulatory and management actions, and fiduciary responsibilities between the Federal, State, and County governments in relation to the management of this trail. Reference: Comm. 893 Intr. by: Mr. Kanuha Approve: PC-61 Motion to Approve: Mr. Kanuha moved to adopt Res. 592-18 and Planning Committee Report No. 61. Seconded by Ms. David. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. And again, this is a resolution to authorize the Mayor. It’s a Memorandum of Understanding between County, State, and Federal agencies to protect the Ala Kahakai national trail system, and really for everybody to get together and be on the same page when we deal with any issues that pop up with regards to the Ala Kahakai trail. So, it’s a good agreement and, in essence, it works to help preserve and protect this valuable resource. So, I ask for your continued support on this and look forward to a good working relationship between County, State, and Federal. So, thank you. Page 3 Hawai‘i County Council-38 May 21, 2018 CHR. POINDEXTER: Okay. And just to let you know that Aric Arakaki of the National Park Service, he is in the Waimea Office to answer any questions. Council Member Kanuha, did you want to—? MR. KANUHA: Yeah, thank you, Madam Chair. Aric, if you wanted to say anything about this, we’d love to hear you say something. (Note: At this time, Aric Arakaki, Superintendent at Ala Kahakai National Historic Trail, National Park Service, came forward to address the members of the Council, via videoconferencing from Waimea.) MR. ARAKAKI: Well, aloha, Council Members. Aloha, Council Member Kanuha. I just want to thank all of you for your consideration. This is a renewal of the Memorandum of Understanding that we’ve had with the County and the State over the last five years, and we’ve been working really well. So, I want to thank the Council as well as the County Administration for the wonderful working relationship that we have with you folks and we want to see continue. Thank you. If you have any questions, please let me know. MR. KANUHA: Mahalo. Thank you, Madam Chair. CHR. POINDEXTER: Any questions? Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Maybe this is a question for Aric or Mr. Kanuha. The terms of the MOU (Memorandum of Understanding) say ten years, and I was just wondering why the ten years and not something longer or in perpetuity. MR. ARAKAKI: Well, the original MOU was for five years, and that five years went by so quickly that we thought we’d maybe tack on an extra five years to make it ten years. So, periodically, we do need to go through the Memorandum of Understanding and to tweak it or to adjust it. That’s why it’s good to be able to periodically renew it. MS. LEE LOY: Thank you for that answer. I yield. CHR. POINDEXTER: Okay. Any other questions, discussion? Seeing or hearing none, all those in favor say “aye.” Page 4 Hawai‘i County Council-38 May 21, 2018 Vote on Res. 592-18: The motion to adopt Res. 592-18 and Planning Committee (Adopted) Report No. 61 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 592-18 is adopted. Res. 601-18 AUTHORIZES THE MAYOR TO ENTER INTO A REVOCABLE (Draft 2): NON-EXCLUSIVE RIGHT-OF-ENTRY AGREEMENT WITH THE STATE OF HAWAI‘I, COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES, FOR THE MAINTENANCE OF THE KING KAMEHAMEHA THE GREAT STATUE LOCATED IN KAPA‘AU, NORTH KOHALA, ISLAND OF HAWAI‘I The agreement would allow the State to enter onto County property to assume maintenance of the statue, which is currently provided through community efforts. Reference: Comm. 908.2 Intr. by: Ms. David (B/R) Approve: FC-116 Motion to Approve: Ms. David moved to adopt Res. 601-18, Draft 2, and Finance Committee Report No. 116. Seconded by Mr. Richards. CHR. POINDEXTER: If you don’t mind, Council Member David, since this is in Mr. Richards’ district? MS. DAVID: Yes. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. I just, again, ask for your continued support. As we all know, this is the original King Kamehameha statue. And my understanding is the community has been coming forth and taking care of the statue for decades, somewhere to the tune of about $40,000 a year, or $40,000 every time there’s an upgrade, which is about every ten years. So, it makes all the sense. It is a treasure of the State. I ask for your support. Page 5 Hawai‘i County Council-38 May 21, 2018 CHR. POINDEXTER: Okay, thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 601-18: The motion to adopt Res. 601-18, Draft 2, and Finance (Draft 2) Committee Report No. 116 was carried by the following (Adopted) voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 601-18, Draft 2, is adopted. Res. 602-18: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I Extends an agreement that will expire on June 30, 2018, for an additional year to continue the effort to develop an undergraduate educational program in energy science at UH-Hilo. Reference: Comm. 909 Intr. by: Ms. David (B/R) Approve: FC-117 Motion to Approve: Ms. David moved to adopt Res. 602-18 and Finance Committee Report No. 117. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: This was already unanimously approved out of Committee. I ask for your continued support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 6 Hawai‘i County Council-38 May 21, 2018 Vote on Res. 602-18: The motion to adopt Res. 602-18 and Finance Committee (Adopted) Report No. 117 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 602-18 is adopted. Res. 603-18: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION SYSTEMS Extends an agreement that will expire on June 30, 2018, for an additional year to allow for the completion of the MoonRIDERS Lunar Surface Flight Experiment Project. Reference: Comm. 910 Intr. by: Ms. David (B/R) Approve: FC-118 Motion to Approve: Ms. David moved to adopt Res. 603-18 and Finance Committee Report No. 118. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: I just ask for your continued support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 603-18: The motion to adopt Res. 603-18 and Finance Committee (Adopted) Report No. 118 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 603-18 is adopted. Page 7 Hawai‘i County Council-38 May 21, 2018 Res. 605-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATED TO REPAIR OF FLOORS AT THE NĀ‘ĀLEHU COMMUNITY CENTER Transfers $1,400 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Parks Maintenance Other Current Expenses account. Reference: Comm. 918 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 605-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I just ask for your support on this. This is not enough to even come close to repairing the floors, but this was what I had left in my contingencies and just to help out. So, I appreciate your support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 605-18: The motion to adopt Res. 605-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 605-18 is adopted. Res. 606-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE CIVIL DEFENSE AGENCY TO EXPAND EMERGENCY COMMUNICATIONS IN COUNCIL DISTRICT 9 Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 923 Intr. by: Mr. Richards Page 8 Hawai‘i County Council-38 May 21, 2018 Motion to Approve: Mr. Richards moved to adopt Res. 606-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Yeah, we briefly touched on this. And in light of what’s been going on in our County, I think we can see the importance of communication. And this is springboarding for District 9 with these repeaters. Looks like we should be able to cover most of District 9, including into Kohala, and then bounce off the back of Maui as well. So, it should really open up our communications. I ask for your support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 606-18: The motion to adopt Res. 606-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 606-18 is adopted. Res. 607-18: 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 HĀMĀKUA HEALTH CENTER, INC., FOR ITS HEALTH WELLNESS AND EDUCATION COMMUNITY OUTREACH IN KOHALA Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 924 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 607-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. Page 9 Hawai‘i County Council-38 May 21, 2018 MR. RICHARDS: Yes. Again, asking for your support. It is Hāmākua Health, but it’s the Kohala branch of Hāmākua Health and it’s a health outreach as well as a school supply program that they have. So, I ask for your support. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 607-18: The motion to adopt Res. 607-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 607-18 is adopted. Res. 608-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK IMPROVEMENTS AT EXISTING PARKS AND THE DEVELOPMENT OF NEW PARK FACILITIES IN COUNCIL DISTRICT 9 Transfers $4,227 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Transfer to Capital Project Fund-General account. Reference: Comm. 925 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 608-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Yeah, again asking for your continued support. This is to replace the backboards on the outside basketball court. Looking at it, they went topnotch when they first built those. It looks like those basketball court backboards and all have been out there for about 40 years. So, we got our life out of them and are replacing them with the same equipment. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 10 Hawai‘i County Council-38 May 21, 2018 Vote on Res. 608-18: The motion to adopt Res. 608-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 608-18 is adopted. Res. 609-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR TRANSPORTATION EXPENSES FOR THE NORTH KOHALA SENIOR CITIZEN PROGRAM Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expenses account. Reference: Comm. 926 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 609-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Yeah, again asking for your support. This is for transportation for our senior citizen group in Kohala. The downside is they were planning a fieldtrip to the volcano. So, have to rearrange. But if you know that senior citizen group, probably like everybody, they are very active. And so, they’re a little disappointed but they’re redirecting. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 11 Hawai‘i County Council-38 May 21, 2018 Vote on Res. 609-18: The motion to adopt Res. 609-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 609-18 is adopted. Res. 610-18: 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 JAPANESE CENTER FOR EXPENSES RELATING TO THE TH 150ANNIVERSARY OF THE ARRIVAL OF THE FIRST JAPANESE IMMIGRANTS TO HAWAI‘I Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 927 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 610-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Yeah, again I ask for your support. This actually gives me— very humbled to be able to do this. My second mother was a woman Kiku Watanabe, and when I saw this, this is very important to me. So, I ask for your support. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 12 Hawai‘i County Council-38 May 21, 2018 Vote on Res. 610-18: The motion to adopt Res. 610-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 610-18 is adopted. Res. 612-18: AUTHORIZES THE ACCEPTANCE OF FURNITURE FOR THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Donated by Hāpuna Prince Hotel, with a total estimated value of $6,180, this donation would be used for the transitional units and community center at the Na Kahua Hale O Ulu Wini. Reference: Comm. 934 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 612-18. Seconded by Ms. Eoff. CHR. POINDEXTER: Councilwoman David. MS. DAVID: Yes. This was a request for a waiver to expedite the donation of these furnishings. And I believe that if Council Members have questions, Mr. Gyotoku is here. But if not, I just ask for your support. CHR. POINDEXTER: Any questions, discussion? Do you have a question? MS. EOFF: I don’t have a question. I just wanted to say thank you to the Hapuna Prince. I’m sure the residents at Ulu Wini will be able to use this donation. Did you want to say something? Thank you. (Note: At this time, Housing Administrator Neil Gyotoku came forward to address the members of the Council.) MR. GYOTOKU: Neil Gyotoku, Housing Administrator. This furniture that was generously donated will be used to house the vacant units. We’re renovating the lower units on the Ulu Wini, the showers. And we have eight units that we’ll be using as a hotel. So, this furniture was used to furnish these eight units. While Page 13 Hawai‘i County Council-38 May 21, 2018 their units are being renovated, they can stay there. And after that, the next eight families will be using them. It was very generous, and the families are happy with their 55-inch flat screen tv’s for the units. That was very nice furniture. MS. EOFF: I’m just curious. Did you reach out to them or did they just offer? How did they get—? MR. GYOTOKU: Yes, they actually reached out to us. They wanted us to take all 68 units of the hotel, but we couldn’t possibly use all of them. And then they agreed to just allow us to take ten of the units from them, furniture. MS. EOFF: Thank you. MR. GYOTOKU: These included beds, tv’s, also dressers. MS. EOFF: I wonder if some of that can be used or stored for people who have lost everything. MR. GYOTOKU: That, I don’t know the exact nature as far as the rest of the furniture. MS. EOFF: Maybe it’s something we should keep in mind, I guess. Thank you. CHR. POINDEXTER: Thank you. Any other questions, discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 612-18: The motion to adopt Res. 612-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 612-18 is adopted. Page 14 Hawai‘i County Council-38 May 21, 2018 Res. 613-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $7,600 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Lili‘uokalani Trust, this donation would be used for the Ike Kai summer and after school programs. Reference: Comm. 935 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 613-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. This was another request to waive, and Mr. Sewake’s here. And if you’d like to come and explain the necessary request for a waiver, and briefly. (Note: At this time, Business Manager Reid Sewake came forward to address the members of the Council.) MR. SEWAKE: Reid Sewake, Business Manager, Parks and Recreation. The reason why we requested a waiver was we needed to get an appropriation to expend this money for the intersession program coming up. This is for meals and supplies for the program. MS. DAVID: Thank you very much. Council Members, I ask for your support. CHR. POINDEXTER: Any other questions? All those in favor say “aye.” Vote on Res. 613-18: The motion to adopt Res. 613-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 613 is adopted. Page 15 Hawai‘i County Council-38 May 21, 2018 Res. 614-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $9,392 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Lili‘uokalani Trust, this donation would be used for the Intergenerational projects and Kohala and Puna facilities to provide kupuna and youth with Hawaiian cultural activities. Reference: Comm. 936 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 614-18. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. Mr. Sewake, could you just briefly describe this donation? (Note: At this time, Business Manager Reid Sewake came forward to address the members of the Council.) MR. SEWAKE: Similar to the prior contribution, this is to create an appropriation to be able to spend this contribution from Lili‘uokalani Trust. The programs will be at the Kona Intergenerational Center and for the Puna Intergenerational program. Due to the lava situation, we’re probably going to postpone the one in Puna, but we can always spend it some other time. MS. DAVID: Thank you very much. And also, if anyone else has anything to say, I just wanted to say thank you to the Lili‘uokalani Trust for their generous donation. Thank you. CHR. POINDEXTER: Thank you. Any other questions, discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Res. 614-18: The motion to adopt Res. 614-18 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 614-18 is adopted. Page 16 Hawai‘i County Council-38 May 21, 2018 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 138: DESIGNATES TAX MAP KEY 2-1-013:005 AND 2-1-013:006 AS “LEHIA BEACH PARK” PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION 15-67 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED); AMENDING SECTION 15-68.1 TO ADD IT TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE; AND AMENDING CHAPTER 14, ARTICLE 1, SECTION 14-1 RELATING TO PROHIBITING THE POSSESSION OR CONSUMPTION OF INTOXICATING LIQUORS AT ALL TIMES Officially names Lehia Beach Park and adds it to the Parks and Recreational Facility Schedule, and to the list of public places where intoxicating liquors are prohibited at all times. Reference: Comm. 894 Intr. by: Ms. Lee Loy Approve: PWPRC-47 Motion to Approve: Ms. Lee Loy moved to pass Bill 138 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 47. Seconded by Ms. O’Hara. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. We had a great conversation in Committee regarding this particular bill, which again does two things: gets it in the schedule along with the prohibition. I continue to ask for your support. Thank you. CHR. POINDEXTER: Thank you. Any other questions, discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 138: The motion to pass Bill 138 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 47 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Bill 138 is approved. Page 17 Hawai‘i County Council-38 May 21, 2018 Bill 140: 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 Commercial Driver’s License Program Income account ($3,000); and appropriates the same to the Commercial Driver’s License Program Other Current Expenses account, for a total appropriation of $84,905. The funds would be used by the Finance Department’s Vehicle Registration and Licensing Division for travel costs to send a County Commercial Driver License instructor to Honolulu to conduct skills training. Reference: Comm. 911 Intr. by: Ms. David (B/R) Approve: FC-119 Motion to Approve: Ms. David moved to pass Bill 140 on first reading and adopt Finance Committee Report No. 119. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, just ask for your continued support. CHR. POINDEXTER: Any questions, discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 140: The motion to pass Bill 140 on first reading and adopt (Approved) Finance Committee Report No. 119 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Bill 140 is approved. Page 18 Hawai‘i County Council-38 May 21, 2018 Bill 148: 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 ($60,000); and appropriates the same to the Wireless E911 account, for a total appropriation of approximately $3,972,461. Funds would be used to cover expenses for the current fiscal year. Reference: Comm. 932 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 148 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. I just ask for your support, and the waiver was requested in order to expedite this request for the current fiscal year. Thank you. CHR. POINDEXTER: Any questions, discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 148: The motion to pass Bill 148 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Bill 148 is approved. Page 19 Hawai‘i County Council-38 May 21, 2018 Bill 149: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Adds the Public Works Kalaniana‘ole Avenue project for $2.5 million to the Capital Budget. Funds for this project shall be provided from the State Capital Improvement Project fund and would be used to provide infrastructure improvements on both the County- and State-owned portions of Kalaniana‘ole Avenue, from Railroad Avenue to Kauhane Street. Reference: Comm. 933 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. David moved to pass Bill 149 on first reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Is that in your district? Do you mind if I—? MS. DAVID: No, I defer. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Yeah, thank you, Chair, and thank you. This is actually in the area located near the port of Hilo. So, they’re doing a number of improvements to address the trucks, the cruise ships. And this actually is an appropriation from the State. So, it’s monies being provided from the State to enhance the work that’s already going on. I urge my colleagues to support this, not cause it’s in my district but because it’s the port of Hilo. This is how our goods and services come into East Hawai‘i. And if you take a look at the project data sheet and impact statement, it says “Council Benefit Districts 1, 2, 3, 4, 5, 6.” It really does provide a way for our goods and services to get to Hilo. I yield. CHR. POINDEXTER: Okay, thank you. Any other discussion, questions? Seeing or hearing none, all those in favor say “aye.” Page 20 Hawai‘i County Council-38 May 21, 2018 Vote on Bill 149: The motion to pass Bill 149 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Bill 149 is approved. Bill 150: 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 Recreation Miscellaneous Contributions account ($7,600); and appropriates the same to the Youth Development – Queen Lili‘uokalani Trust Contributions account. Funds would be used for the Ike Kai summer and after school programs. Reference: Comm. 935 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 150 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. This is the companion bill to Resolution 613-18, and I ask for your support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 150: The motion to pass Bill 150 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. Page 21 Hawai‘i County Council-38 May 21, 2018 CHR. POINDEXTER: Bill 150 is approved. Bill 151: 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 Elderly Activities Division Miscellaneous Contributions account ($9,392); and appropriates the same to the Youth Development – Queen Lili‘uokalani Trust Contributions account. Funds would be used for the Intergenerational projects and Kohala and Puna facilities to provide kupuna and youth with Hawaiian cultural activities. Reference: Comm. 936 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 151 on first reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is the companion to Resolution 614-18, and I ask for your continued support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 151: The motion to pass Bill 151 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Bill 151 is approved. Page 22 Hawai‘i County Council-38 May 21, 2018 Bill 152: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Adds the Parks and Recreation Hilo Bayfront Trails – Federal project appropriation of $220,000 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used to construct Phase 2 of the paved multi-purpose pathway along Hilo Bayfront. Reference: Comm. 937 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Note: Comm. 937.1, from Finance Director Deanna Sako dated May 15, 2018, transmitting a proposed amendment to Bill 152, was circulated.) Motion to Approve: Ms. David moved to pass Bill 152 on first reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: If I can defer to Mr. Sewake to communicate and explain, give us a brief explanation of the waiver and also I think there’s an amendment that we need to make. (Note: At this time, Business Manager Reid Sewake came forward to address the members of the Council.) MR. SEWAKE: We requested a waiver to expedite the project. We wanted to get an appropriation because it’s Federal funds. So, the appropriation of $220,000 is expected Federal funds we are going to receive. MS. DAVID: Thank you. And so, you want to make that motion to amend? MS. LEE LOY: Yeah, I just wanted to provide a broader context of this bill along with Bill 149, which we just approved. So, there’s a larger vision for the port of Hilo and creating pedestrian paths and walking paths that would lend itself to our visitor industry and the cruise ships. So, Kalaniana‘ole will be improved with sidewalks, take them through Banyan Drive, connect up to this Bayfront Parks and Trailways, which leads along Bayfront down to Downtown Hilo. So, this is kind of a multi-prong approach from the State and partnership with the County and then private partners to create kind of a visitor experience from the Page 23 Hawai‘i County Council-38 May 21, 2018 port of Hilo and connecting them to Downtown Hilo. So, I really do appreciate the vision with all the different partners that are at the table. We’re getting money from the State for the improvements at the harbor, but now this one is from DLNR (Department of Land and Natural Resources) and Federal funds. So, this is a great model of those partnerships working together and kind of coagulating around a larger vision for Hilo. So, thank you. CHR. POINDEXTER: Thank you. You want to visit—? MS. DAVID: Okay. Motion to Amend: Ms. David moved to amend Bill 152 with the contents of Comm. 937.1. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: This amendment is a simple one to add the designation “Hilo Bayfront Trails,” adding “PH2” to the account because that’s the appropriate account. So, that’s all it is, and I ask for your support. CHR. POINDEXTER: Okay. Any other questions, discussion? Okay, all those in favor of Communication 937.1 say “aye.” Vote on Motion to The motion to amend Bill 152 with the contents of Amend: Comm. 937.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Vote on Bill 152: The motion to pass Bill 152, as amended to Draft 2, on first (Draft 2) reading was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Okay, Bill 152, as amended, is approved. Page 24 Hawai‘i County Council-38 May 21, 2018 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): Bill 127 ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY (Draft 3): OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 17-36 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2018 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, and Student Helpers and Senior Community Services Aids for various County agencies. Reference: Comm. 840.4 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 127, Draft 3, on second and final reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. This has been unanimously approved. So, I just ask for your continued support. CHR. POINDEXTER: Okay. Any discussion, questions? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 127: The motion to pass Bill 127, Draft 3, on second and final (Draft 3) 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. CHR. POINDEXTER: Bill 127, Draft 3, is approved. Page 25 Hawai‘i County Council-38 May 21, 2018 Bill 136: 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 Transfer from General Fund account ($4,800); and appropriates the same to the Highway Maintenance Administration-Other Current Expenses account. Funds would be used by the Department of Public Works for the annual rental of a portable toilet to be located at Banyan Beach in Kona. Reference: Comm. 887 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 136 on second and final reading. Seconded by Mr. Kanuha. MS. DAVID: I’ll defer to Council Member Kanuha. CHR. POINDEXTER: Okay, Council Member Kanuha. MR. KANUHA: Thank you. I just ask for your support. It seems like we’ve been talking about this port-a-potty for like forever, but finally it’s getting through. But mahalo for your continued support and glad to be able to provide this port-a-potty at a badly needed, desperately needed area. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 136: The motion to pass Bill 136 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 136 is approved. Page 26 Hawai‘i County Council-38 May 21, 2018 Bill 137: 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 Coordinated Services account ($25,000); and appropriates the same to the Coordinated Services-Other Current Expenses account, for a total appropriation of $160,000. Funds would be used by the Department of Parks and Recreation to provide additional service to participants. Reference: Comm. 889 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 137 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your continued support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 137: The motion to pass Bill 137 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 137 is approved. Bill 139: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING MO‘OHEAU PARK TO THE FARMERS MARKET FACILITY SCHEDULE Allows the Department of Parks and Recreation to work with qualified vendors to establish and operate a farmers market at Mo‘oheau Park. Reference: Comm. 903 Intr. by: Mr. Chung First Reading: May 9, 2018 Page 27 Hawai‘i County Council-38 May 21, 2018 Vote on Bill 139: Mr. Chung moved to pass Bill 139 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 139 is approved. Bill 141: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018, RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Appropriates revenues in the Real Property Tax Interest account ($22,500); and appropriates the same to the following accounts: Transfer to Public Access/Open Space Preservation Fund ($20,000) and Transfer to Public Access/Open Space Preservation Maintenance Fund ($2,500). Real property tax interest revenues are expected to exceed the amount budgeted for Fiscal Year 2017-18, requiring additional revenues to be transferred into these funds in order to maintain compliance with County Charter mandated minimal appropriations to each fund. Reference: Comm. 912 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 141 on second and final reading. Seconded by Ms. Eoff. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your continued support. CHR. POINDEXTER: Okay. Any other questions, discussion? Seeing or hearing none, all those in favor say “aye.” Page 28 Hawai‘i County Council-38 May 21, 2018 Vote on Bill 141: The motion to pass Bill 141 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 141 is approved. Bill 142: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $10.2 million in general obligation bonds, which would be used for the Lono Kona Improvement District sewer project that will connect approximately 107 parcels to the County’s sewer system. Reference: Comm. 913 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 142 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: We’re going to give it to Council Member Kanuha, please. MR. KANUHA: Thank you, Madam Chair. Again, just asking for your support. I just want to mahalo everybody for continuing to support this project, and hopefully, we can get this project going as soon as possible. So, I again mahalo you guys for your continued support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Page 29 Hawai‘i County Council-38 May 21, 2018 Vote on Bill 142: The motion to pass Bill 142 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. Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the Council Rules: 5-day hold for reconsideration. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: This was just requested that we waive this so it could be processed expeditiously. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Motion to The motion to suspend Council Rule 15 to waive the 5-day Suspend Council hold for reconsideration was carried by the following voice Rules: 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: The five-day holdover is approved. Page 30 Hawai‘i County Council-38 May 21, 2018 Bill 143: 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 $6.2 million, for a total appropriation of $11,898,000. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources. Funds would be used for construction. Reference: Comm. 914 Intr. by: Ms. David (B/R) First Reading: May 9, 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 143 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 143: The motion to pass Bill 143 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. Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the Council Rules: 5-day hold for reconsideration. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: This is the same reason I’ll expedite this request. Thank you. CHR. POINDEXTER: Okay, all those in favor say “aye.” Page 31 Hawai‘i County Council-38 May 21, 2018 Vote on Motion to The motion to suspend Council Rule 15 to waive the 5-day Suspend Council hold for reconsideration was carried by the following voice Rules: 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: The waiver for the five-day holdover is approved. Bill 144: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Appropriates revenues in the State Grants – Juvenile Intake & Assessment Center account ($210,000); and appropriates the same to the Juvenile Intake & Assessment Center – State account. Funds would be used to reimburse the Office of the Prosecuting Attorney for expenses incurred by the West Hawai‘i Juvenile Intake and Assessment Center project. Reference: Comm. 915 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 144 on second and final reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 144: The motion to pass Bill 144 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 32 Hawai‘i County Council-38 May 21, 2018 CHR. POINDEXTER: Bill 144 is approved. Bill 145: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Appropriates revenues in the State Grants – Workforce Innovation Opportunity Act account ($15,000); and appropriates the same to the Workforce Innovation Opportunity Act – Sector Partnership Engagements account. Funds would be used by the Hawai‘i Island Economic Development Board to engage with the private sector to identify employment and training needs. Reference: Comm. 916 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 145 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: I ask for your continued support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say “aye.” Vote on Bill 145: The motion to pass Bill 145 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 145 is approved. Page 33 Hawai‘i County Council-38 May 21, 2018 Bill 146: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $30.5 million in general obligation bonds, which would be used for Department of Parks and Recreation Americans with Disabilities Act and other projects. Reference: Comm. 917 Intr. by: Ms. David (B/R) First Reading: May 9, 2018 Motion to Approve: Ms. David moved to pass Bill 146 on second and final reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Just ask for your support. Thank you. CHR. POINDEXTER: Any other discussion? Council Member Chung. MR. CHUNG: This was waived, right, from Committee? CHR. POINDEXTER: Yes. MS. DAVID: No, this is the second reading. It was unanimously approved. MR. CHUNG: You know what? Maybe I wasn’t there that time, but is Parks and Recreation around on this? I’m just wondering what kind of blank check we’re giving to them in terms of this whole thing. Because, $24 million for 17 projects, ADA (Americans with Disabilities Act) compliance seems like a lot of money. MS. DAVID: Do you want to call somebody from Parks and Rec. or Deanna folks? MR. CHUNG: Maybe Deanna. CHR. POINDEXTER: Okay. Do you want to take a short two-minute recess while we get Deanna down? MR. CHUNG: Yes. Page 34 Hawai‘i County Council-38 May 21, 2018 CHR. POINDEXTER: Okay. MR. CHUNG: Maybe Parks and Recreation too. CHR. POINDEXTER: Oh and Parks and Rec. Okay, so let’s—oh, do we want to go to Reports? Do you want to table this? So, do you want a motion to table? Can we do a motion? Vote on Motion to Ms. David moved to table Bill 146 to the end of the Table: agenda. Seconded by Ms. Eoff and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: So, Bill 146 is tabled to the end of the meeting. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. FC-115 NOMINATION OF DAVID WISEMAN TO THE BOARD OF ETHICS (Comm. 905): Requires Council Confirmation by: June 2, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on FC-115: Ms. David moved to adopt Finance Committee Report (Adopted) No. 115. 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: Okay, the nomination of David Wiseman to the Board of Ethics is confirmed and approved. Page 35 Hawai‘i County Council-38 May 21, 2018 PC-60 NOMINATION OF FRANCES BREWER TO THE PUNA COMMUNITY (Comm. 907): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 3, 2018 (Section 13-4(l), Hawaiʻi County Charter) Vote on PC-60: Ms. David moved to adopt Planning Committee Report (Adopted) No. 60. 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: Okay, we have PC-60; nomination of Frances Brewer is confirmed and approved. PSMTC-11 NOMINATION OF JAMES WILLIAM WEATHERFORD TO THE (Comm. 904): TRANSPORTATION COMMISSION Vote on PSMTC-11: Ms. David moved to adopt Public Safety and Mass Transit (Adopted) Committee Report No. 11. 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: Okay, the nomination of James William Weatherford is confirmed 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. Page 36 Hawai‘i County Council-38 May 21, 2018 Comm. 895.1: RESOLUTION NO. 593-18 – REQUEST FOR RECONSIDERATION From Council Member Susan L. K. Lee Loy, dated May 10, 2018, requesting that Resolution No. 593-18 be reconsidered pursuant to Council Rule No. 15. ; and Res. 593-18: 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 WAIĀKEA HIGH SCHOOL FOUNDATION TO ASSIST WITH EXPENSES RELATING TO WAIĀKEA HIGH SCHOOL’S ATHLETIC PROGRAMS Transfers $2,400 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 895 Intr. by: Ms. Lee Loy Adopted: May 9, 2018 (Note: Comm. 895.2, from Council Member Susan L. K. Lee Loy dated May 15, 2018, transmitting proposed amendments to Res. 593-18, was circulated. Comm. 895.3, from Council Member Susan L. K. Lee Loy dated May 17, 2018, transmitting a new Contingency Relief Funds request form, was also circulated.) Vote on Motion to Ms. Lee Loy moved to reconsider the vote taken on Reconsider: Res. 593-18 on May 9, 2018. Seconded by Mr. Richards (Approved) 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: That motion has been reconsidered. Now, we’re at Resolution 593-18. Council Member Lee Loy. Motion to Amend: Ms. Lee Loy moved to amend Res. 593-18 with the contents of Comm. 895.2. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. So, if I could provide everyone with this understanding. The $2,000 that I’m amending this resolution with was actually approved under Resolution 547-18, which provided $2,000 to the Kea‘au Cougar Page 37 Hawai‘i County Council-38 May 21, 2018 Athletic Booster Program for their grad night. Unfortunately, because of the events in Puna, they’ve decided to cancel their grad night. And so, first and foremost, it’s really sad that they had to make that business decision, but more importantly, I think the integrity of the monies that they didn’t just take it. They knew what it was going to be used for and decided to return it. And so, we had to find another vehicle to use these monies, and what was available to us was Resolution 593-18. So basically, what this resolution does is the monies that’s not being expended with Kea‘au and the grad night program is now being moved over to the Waiākea High School program. CHR. POINDEXTER: Okay. Any other discussion or questions? Okay, we’re voting—oh, Council Member O’Hara. MS. O’HARA: I just wanted to say I have the same issue coming up because we also donated to Kea‘au, and so we’re moving it to another school. Yeah, problematic. CHR. POINDEXTER: Okay, so we’re voting on Communication 895.2. All those in favor, say “aye.” Vote on Motion to The motion to amend Res. 593-18 with the contents of Amend: Comm. 895.2 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. Motion to Suspend Ms. Lee Loy moved to suspend Council Rule 24 to waive Council Rules: the holdover for the substantive amendment of Res. 593-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Yeah, I basically provided the why we’re going through this, but I also, under Rule 11, Disclosure of Interest, I just want to share with the rest of my colleagues that the monies are going into the Waiākea High School Foundation and one of my staffers is the president of that. And out of the interest of full disclosure, I did want to kind of make the Council Members aware. CHR. POINDEXTER: So, let’s vote on maybe to suspend Rule 24. So on the suspension of that rule, all in favor say “aye.” Page 38 Hawai‘i County Council-38 May 21, 2018 Vote on Motion to The motion to suspend Council Rule 24 to waive the Suspend Council holdover for the substantive amendment of Res. 593-18 Rules: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Go ahead, Council Member Lee Loy. Sorry. MS. LEE LOY: I know we’re trying. This is kind of wonky. So, yeah, thank you. But I felt strongly that I just had to provide a lot of transparency on this one partly because the monies are being returned, and I was really looking for a vehicle on getting these monies into another program, which at the end of the day will go to the kids. So, I ask for your support. And if there is any reason for me not to continue to vote on this matter based on this disclosure, I completely understand but urge my colleagues to support this resolution. CHR. POINDEXTER: I don’t think anyone is opposed, are they? No? Okay, seeing no opposition on that, okay so we’re voting on Resolution 593-18, as amended with the contents of Communication 895.2. Oh, go ahead, Council Member Lee Loy. Motion to Approve: Ms. Lee Loy moved to adopt Res. 593-18, as amended. Seconded by Mr. Kanuha. Vote on Res. 593-18: The motion to adopt Res. 593-18, as amended to Draft 2, (Draft 2) was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O’Hara, Richards, Ruggles, and Chair Poindexter – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. POINDEXTER: Resolution 593-18, as amended, is approved. Page 39 Hawai‘i County Council-38 May 21, 2018 Vote on Motion to Mr. Kanuha moved to remove Bill 146 from the table. Remove from Table: Seconded by Ms. Lee Loy and carried by the following (Approved) 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 146 is off the table. Council Member Chung. MR. CHUNG: Yeah, I spoke with Ms. Sako and Mr. Sewake, and I got my questions answered. So, I’m okay. CHR. POINDEXTER: Okay. Any other discussion? Okay, seeing or hearing none—oh, Council Member Kanuha, you were going to—okay, all those in favor say “aye.” Vote on Bill 146: The motion to pass Bill 146 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 146 is approved. ANNOUNCE-The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) Page 40 Hawai`i County Council-38 May 21,2018 ADJOURN- There being no further business, at 3:18 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. CHR. POINDEXTER: This meeting is adjourned. Council Approval: JUN 1 9 2018 i t CO ►4 TY CLERK SM/dg Page 41