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HomeMy WebLinkAboutMIN COUNCIL 2018-07-25 2016-2018 Hawaii County Council 451h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 25, 2018 INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member 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 Absent & Excused: Ms. Maile Medeiros David, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Lee Loy led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: Hawaii County Council-45 July 25,2018 The following individuals registered to speak and came forward when called by the Acting Chair: Eric Weinert: Res. 638-18 (Comm. 982), in support. (representing Hawaii Papaya Industry Association) Dwight J. Vicente: Bill 161 (Comm. 967), comment. Rene Siracusa: Res. 638-18 (Comm. 982), in support. (representing Malama O Puna) Joyce Alberta Folena: Res. 638-18 (Comm. 982), in support; and Bill 164 (Comm. 984), in support. Gregory Todd Smith: Res. 638-18 (Comm. 982), in support. Lorraine Mendoza: Bill 161 (Comm. 967), in support. (representing Hamakua Community Development Plan Steering Committee) Brad Kurokawa: Bill 161 (Comm. 967), in support. (representing Hamakua Community Development Plan Steering Committee) Farrah-Marie Gomes: Bill 161 (Comm. 967), in support. John Kaye: Bill 161 (Comm. 967), in support. June Kaye: Bill 161 (Comm. 967), in support. Shelley S. Mahi-Hanai: Res. 639-18 (Comm. 984), in support; (representing Native Tenant Bill 161 (Comm. 967), in support; and Protection Council) Bill 164 (Comm. 984), in support. Robert Nishimoto: Bill 161 (Comm. 967), in support. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Page 2 Hawaii County Council-45 July 25,2018 Vote on Approval of Mr. Richards moved to approve the Minutes of June 6, Minutes: 2018. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. Vote on Approval of Mr. Richards moved to approve the Minutes of June 19, Minutes: 2018. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 633-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A LICENSE EASEMENT AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOMELANDS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR THE COUNTY OF HAWAII TO ACCEPT A LICENSE EASEMENT FOR A PORTION OF "MANA PLACE" OVER AND THROUGH THE PROPERTY IDENTIFIED AS TAX MAP KEY: 6-4-004:057 This license easement agreement provides the public a clear right to traverse over the portions of the subject property to access residential properties, while also allowing for the County's maintenance of this portion of Mana Place. Reference: Comm. 970 Intr. by: Ms. David (B/R) Approve: FC-123 Page 3 Hawaii County Council-45 July 25,2018 Motion to Approve: Mr. Richards moved to adopt Res. 633-18 and Finance Committee Report No. 123. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Just real quick. You heard me talk about this before. This is coming to the end of a somewhere around 40-year process in cleaning up some paperwork. So, I ask for your support. ACTING CHR. EOFF: Okay, thank you. Any other comments or questions? Seeing none, all in favor please say "aye." Vote on Res. 633-18: The motion to adopt Res. 633-18 and Finance Committee (Adopted) Report No. 123 was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff–8. Noes: None. Absent: Council Member David– 1. Excused: None. Res. 637-18: APPROVES NOMINEE RIKI HOKAMA TO THE WESTERN INTERSTATE REGION BOARD OF DIRECTORS FOR THE TERM BEGINNING JULY 1, 2018, AND ENDING JUNE 30, 2019 Maui County Council Member Riki Hokama would replace Council Member Mike White, who resigned from this position. Reference: Comm. 981 Intr. by: Mr. Kanuha Waived: GREDC Motion to Approve: Mr. Kanuha moved to adopt Res. 637-18. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Any discussion? MR. KANUHA: Briefly. Mike White was the Western Interstate Region Director that we confirmed, but he'd rather not fulfill that remainder of his term because he's going to be resigning—not resigning, but he's not going to seek another term on the Council next year. So, he thought he'd just offer it up to his fellow Maui Council Member. So, Riki Hokama decided since it is his last year, or we'll see if it's his last. He's got to go for reelection as well on the County Council, but he'd like to fulfill that remainder of the term. Page 4 Hawaii County Council-45 July 25,2018 ACTING CHR. EOFF: Okay, thank you for explaining that. Any other questions or comments? Seeing none, all in favor please say "aye." Vote on Res. 637-18: The motion to adopt Res. 637-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 638-18: EXPANDS ALLOWABLE EXPENDITURES AUTHORIZED IN A PREVIOUSLY APPROVED CONTINGENCY RELIEF FUND TRANSFER FROM COUNCIL DISTRICT 4 TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT, WHICH AWARDED A $2,600 GRANT TO MALAMA O PUNA FOR A FERAL PIG TRAPPING PROGRAM Expands the use of funds authorized under Resolution 566-18 to include the purchase of fencing materials to mitigate crop damage and protect new papaya crops from feral pigs. Reference: Comm. 982 Intr. by: Ms. O'Hara Motion to Approve: Ms. O'Hara moved to adopt Res. 638-18. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. O'Hara, you have the floor but just to let you know Mr. Kamelamela is here, and I believe he has either some questions or some comments. MS. O'HARA: Okay. I think this was explained well by Mr. Weinert and Ms. Siracusa. This grant is actually going through Malama O Puna, which is represented by Rene Siracusa, for the Hawaii Papaya Industry Association, represented by Mr. Weinert. When we did this award, it was prior to the May 3rd start of the current volcanic eruption, and that eruption has taken out most of the papaya industry area in the Kapoho-to-Opihikao area. Fields that have not been literally flowed over have been damaged by the sulfuric acid to the point where nothing is producing. That triangulated area previously produced over 85 percent of this island's papaya, and this island produces over Page 5 Hawaii County Council-45 July 25,2018 90 percent of the State's papaya. So, it was very concentrated in that area, and they were having severe pig problems. So, we originally intended this to be materials for pig traps because it's an expansive area. Now, the need has shifted as a result of the volcanic eruption. It's still pig mitigation, but the seed crop is a small acreage and pig mitigation is best served by fencing in the seed crop rather than using traps. And that seed crop is critical to the renewal of the whole industry on new lands that are suitable for papaya. We don't have that much in Puna at this point that is suitable for papaya. But they have found some new lands and they need seed in order to get back into production. Once they plant, it's still another nine months or more before they begin to harvest. So, this is an industry that's been hard hit by the volcanic eruption, and they are a core industry in Puna's economics. So, we want to make sure this industry recovers. Thank you. ACTING CHR. EOFF: Thank you. Mr. Chung. MR. CHUNG: Thank you, Madam Chairman. I'm certainly in favor of this resolution in its concept, but I need more information as to its propriety inasmuch as the resolution—the underlying resolution was adopted in the past fiscal year. Now, we're in a new fiscal year. I'd like it to be applicable actually because sometimes we have things like that, that just are approved right at the cusp of the new fiscal year. But I think we have to ask either the Finance Department or Corp. Counsel as to whether this is okay. `Cause if it is, then certainly I will be supporting it because of the change in circumstances. ACTING CHR. EOFF: Thank you, Mr. Chung. MS. O'HARA: Chair? ACTING CHR. EOFF: Ms. O'Hara. MS. O'HARA: I don't see anyone from the Finance Department available to answer that question. Would you like to ask for someone, and we could defer this discussion? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) ACTING CHR. EOFF: Okay, well, Mr. Kamelamela is here at the table, and I guess we'll hear from him and then determine if we need any more information from finance. Page 6 Hawaii County Council-45 July 25,2018 MR. KAMELAMELA: Aloha. Good morning, Chair and Members of the County Council. ACTING CHR. EOFF: Good morning. MR. KAMELAMELA: Joseph Kamelamela, Corporation Counsel. I do understand the purposes of this resolution. Prior to sitting—this morning, I did have a conversation with the Finance Director, Deanna Sako. And so, what I'm going to tell you is what I told her and then what I've told someone else. We had a resolution. And as a result of the resolution, there was a contract that was made. The contract was very clear that if you don't use the funds to build traps then you have to return it. The alternative would be to do a new resolution, but you would be asking for new funds. That's the opinion that I had given already to several people. And the reason why I state this, because I was also trying to see, okay, we have an emergency situation; the Mayor did a proclamation. He has the authority to suspend articles within the Hawaii County Code. He did the proclamation, and there has been a couple of supplements as a result of that. And no where do I see that he has suspended the requirements in Chapter 2, Article 35. So, the way it looks right now is that there is no authority now to pass this resolution. The second thing that I was looking at was thinking about the County Council rules, Rule 15, dealing with reconsideration. There's a process. My concern is that whenever you do a resolution like this, you seem to be circumventing that particular rule. I mean, I know Rene very well. She does good work. I know Mr. Eric Weinert. He does well. I was hoping that they can find a way to use the money to actually build pig traps. I can think about many ways to build a pig trap because the seeds are the bait. So, you get $2,500, figure out a way to use the money to do a pig trap. There's not one way to do a pig trap. Anyway, I oppose this resolution. Any questions? ACTING CHR. EOFF: Okay, thank you, Mr. Kamelamela. Let me check with Mr. Chung. MR. CHUNG: That really comports with what my feeling was as well. But I'm glad that Mr. Kamelamela offered some kind of out for this organization. The other way is for them to just go ahead and, I don't want to use this term but,just do whatever they want and let the County decide whether they want to go after these guys for a breach of contract. I think they won't but,just as a practical matter, maybe they should just go ahead. I mean, everyone understands the situation over there, and people have to be really fluid in their thinking. What they're doing is they're reacting to some Page 7 Hawaii County Council-45 July 25,2018 unfortunate circumstances that came up subsequent to the enactment of this resolution. So, there's other ways of doing it. But I think, technically, we can't approve this resolution. That's my feeling. I agree with Joe's opinion. Thank you. ACTING CHR. EOFF: Thank you very much, Mr. Chung. Ms. O'Hara, would you like to reconsider the path for action? MS. O'HARA: Well, I think it would be good if everybody actually read the resolution because this is calling for pig traps. It expands upon pig traps. So, it's also being used for fencing. It's not exclusively one or the other. Both are forms of mitigation of pig damage on papaya crops. I think we're getting stuck on a language issue here. I see no reason why the monies that were appropriated, and already a check was cut, can't be used for the purposes intended, which is pig mitigation. That is my feeling. I don't see anything wrong with this resolution as written. I will share that the Finance Director is here if anyone wants to hear her opinion on it, but that is my opinion. We wrote this specifically so that it includes pig traps. And that was, as I understood the recommendation of Mr. Kamelamela when he sent us some opinions on the matter. I think that the need to be flexible is really critical here. We're talking about an industry that brings in a lot of dollars to the County of Hawaii. This is one of our major industries, and Puna depends on this. And so, why we can't help them in this manner is ludicrous to me. I think we're really picking nits here, and that's just my personal opinion. I would like to proceed, and hopefully this resolution will be supported by those of the Council who understand the situation and understand the need. That's my feeling. Thank you. MR. KAMELAMELA: Chair, may I address a couple of things that Ms. O'Hara had indicated? ACTING CHR. EOFF: Mr. Kamelamela. MS. O'HARA: Oh, I'm sorry. I would like to ask if Ms. Sako could come to the table and perhaps answer a question. ACTING CHR. EOFF: Ms. O'Hara is asking Ms. Sako to come to the table, but did you want to speak first, Mr. Kamelamela? MR. KAMELAMELA: Yes. I mean, I can wait, but since it's fresh on my mind, all the statements that you said. First, I did write an email to her, but my recommendation was a new resolution for this fiscal year for new grant monies. So, I'm not sure how this resolution has come up. Page 8 Hawaii County Council-45 July 25,2018 The second thing is that, earlier during my term, I handled GMAC (Game Management Advisory Commission). That's the Game Management Advisory Commission. I know the difference between fencing and mitigation, what the purposes are. Fencing, you're trying to keep something out so that it can live other days so that the hunters can hunt them. Pig traps are to kill, eradicate. So, the hunters, for them that's a big deal. Fencing is a big deal. Pig trapping is a big deal. I understand the importance of the papaya seeds. I don't mind protecting them, but this is not the way to do it. Thank you. ACTING CHR. EOFF: Okay, thank you. Ms. Poindexter. MS. POINDEXTER: So, I see that we are helping Puna with—of course, not supporting this—like what Council Member Chung said, doing what you need to do with the current contracts. And I understand what Mr. Kamelamela is saying because this resolution is coming in a different fiscal year. So, the resolution that was presented was the past fiscal year. You cannot amend that and those monies. So, I understand that. That's the technical difficulties of this situation with the resolution. So, I understand that we shouldn't be voting for this resolution to go through, but we are helping Puna by allowing them to do what they need to do in their current contract. I mean, that's the way I'm seeing it. I just had to say that. Because, with Council Member O'Hara's statement that we need to pass this, but we've got to understand it's in a different fiscal year that this is being presented. Okay, thanks. ACTING CHR. EOFF: Okay, thank you. MS. O'HARA: Can we have Ms. Sako answer the question ACTING CHR. EOFF: I think Mr. Chung wanted to say something and then we'll ask Mr. Richards and then we'll ask Ms. Sako to help us out. Mr. Chung. MR. CHUNG: I agree with Council Chair Poindexter. I'm totally baffled by the suggestion by Ms. O'Hara that we're not trying to help that industry. I think the tenure of the statements being made here by both the Corporation Counsel, myself, and then, subsequent to that, Ms. Poindexter indicates that we are trying to find a way of doing this. What we're faced with is a technical problem, but we're trying to find a practical way of getting around that. And Ms. O'Hara said, well, we have to read the resolution a little bit more carefully and she explained why. Basically, the present resolution is not inconsistent with what they're trying to achieve. So,just do it Page 9 Hawaii County Council-45 July 25,2018 within the context of that resolution. And if the County deems them to be in breach of the contract, which I seriously doubt they will, then the County can go ahead and file some kind of action, which I don't think they will as well. So,just as a practical matter, we don't need this resolution I think. But we are all trying to find some solution to help this industry, make no mistake about that. Thank you. ACTING CHR. EOFF: Thank you, Mr. Chung. Mr. Richards. MR. RICHARDS: I might be agreeing with my colleagues, Councilman Chung, Councilwoman Poindexter. I have been one that has been a stickler about procedures. So, I have to agree with them. We all are trying to seek a solution. And I've listened very carefully to what Councilman Chung has said concerning. Under the context, I think things can go forward. And I seriously doubt it'll be questioned because the intent is right. So, I won't be supporting this. I yield. ACTING CHR. EOFF: Okay, thank you. Ms. Sako, did you have anything to add before we ? MS. SAKO: So, I missed part of the earlier discussion, but staff was listening and sent me down. One of the concerns we all have is that it's in a new fiscal year, we do have an existing contract. But we have policies and procedures in place to follow up on all of our contracts. Sometimes our vendors, or in this case the grantee, they do need accommodations. Sometimes, it's a time extension. Sometimes, it's a little bit change in the scope of purpose. And I think the departments are very well versed in being able to do change orders if necessary or working with the grantees to make sure they stay within the confines of the contract. But I think the County's been very accommodating, especially in times of crisis, and I'm sure R&D (Department of Research and Development) will be able to work things out with the grantee. ACTING CHR. EOFF: Okay, thank you very much. Are there further ? MS. O'HARA: Chair? ACTING CHR. EOFF: Ms. O'Hara. MS. O'HARA: Chair, the reason this was put together was not because of R&D's actions and not because of Finance's actions. It was because of Corporation Counsel. And I need to let Mr. Kamelamela know that pig traps don't necessarily kill pigs. There's live trapping, and that is actually what's intended here. So, sorry. If that's the differential between fencing out and trapping in, that's not a legitimate difference. Page 10 Hawaii County Council-45 July 25,2018 But what was intended was pig mitigation all along, and I would be happy if we could continue working on the existing contract. The vendors or the applicants, the people receiving the money, are very clear on what they intend to do and are using the money properly in my opinion. And if we don't need this resolution, if we can just move forward, that suits me as well. But this all occurred, this resolution all occurred because of Corporation Counsel, not because of any concerns expressed by R&D or Finance. So, I just wanted to make that clear. Thank you. ACTING CHR. EOFF: Okay, thank you. Ms. O'Hara, I think that we've hashed it out, and we understand the situation. So, I would urge you to consider withdrawing the resolution. Withdraw MS. O'HARA: Okay. I would be happy to withdraw, and we will continue on the Res. 638-18: path we started. Thank you. ACTING CHR. EOFF: Okay, thank you very much. Resolution 638 has been withdrawn. Res. 639-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII CRIMINAL JUSTICE DATA CENTER, STATE OF HAWAII, DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Funds would be used by the department to purchase equipment that would allow access to statewide offender information and enhance identification, storage, and tracking of evidence by transitioning to a standardized bar code system. Reference: Comm. 984 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. Poindexter moved to adopt Res. 639-18. Seconded by Mr. Kanuha. ACTING CHR. EOFF: I believe we have Major Burian and Lieutenant Briski in Hilo. Do they have something to add before we start discussion? (Note: At this time, Major Andrew Burian and Lieutenant John Briski, both of the Police Department, came forward to address the members of the Council.) MR. BRISKL This is Lieutenant Briski,just here to answer any questions that anyone may have as to what this will be expended on. Page 11 Hawaii County Council-45 July 25,2018 ACTING CHR. EOFF: Okay, thank you. Council Members, do you have any questions? I'm told that there was a need to expedite the funds, and that is the reason for the waiver. MR. BURIAN: That is correct. ACTING CHR. EOFF: Any questions of them? Hearing none then, all in favor please say "aye." Vote on Res. 639-18: The motion to adopt Res. 639-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, Poindexter, Richards, Ruggles, and Acting Chair Eoff—7. Noes: None. Absent: Council Members David and O'Hara—2. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 161: ADOPTS THE COUNTY OF HAWAII HAMAKUA COMMUNITY DEVELOPMENT PLAN (CDP) The Windward Planning Commission forwards its favorable recommendation for the adoption of the Hamakua CDP. The CDP Program is established by the County's General Plan to create a framework for residents and other stakeholders to participate in regional planning for their communities. The planning area for the Hamakua CDP encompasses most of the Judicial District of Hamakua, North Hilo, and a portion of the South Hilo District. Reference: Comm. 967 Intr. by: Ms. Poindexter Approve: PC-64 (Note: Comm. 967.8, from Planning Director Michael Yee dated July 24, 2018, transmitting a PowerPoint, was circulated.) Motion to Approve: Ms. Poindexter moved to pass Bill 161 on first reading and adopt Planning Committee Report No. 64. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Would you like the floor? Page 12 Hawaii County Council-45 July 25,2018 MS. POINDEXTER: I think we have a short presentation, right? Is it a short summary of what was passed? I think you can explain why you felt you needed to have this presentation `cause I know there were some concern on why it's being done at the Council meeting. (Note: At this time, Planning Director Michael Yee came forward to address the members of the Council.) MR. YEE: Michael Yee, Planning Director. We just want to do a short presentation just to review anything that was covered at the previous Committee meeting. So, we'll be brief. Hopefully, it will be helpful for everyone to hear again. MR. CHUNG: Madam Chairman? ACTING CHR. EOFF: Mr. Chung. Point of Order: MR. CHUNG: Just a point of order. Yeah, I'm not going to be objecting to this presentation; Mr. Yee told me that it's only going to last about ten minutes. But I have some concerns, and since I'm in a technicality kind of a mood today I just wanted to state it. We had a presentation by the department during our Committee discussion on this matter. That's when presentations are generally made. We rarely have presentations at the Council level unless they're at the behest of a particular Council Member or it's to address certain things that may have come up at the Committee level. Now, as Mr. Yee just stated, and I offered him an opportunity to explain, but he just said it's a review. I'm sure it's just a truncated version of what was presented at the last time. What I'm concerned about is, and first of all I'm not objecting to it because I think this is a great culmination to a long process, but in other instances if we allow the Administration now to say they want to make presentations at the Council level, I believe we are abdicating our authority in controlling what goes on at the Council level. So, it's really to look prospectively, not specifically on this matter because Mr. Yee said it's going to be short. After ten years of working on this thing, what's another ten minutes, right? I just wanted to make that point. Thank you. ACTING CHR. EOFF: Thank you, Mr. Chung, for bringing that to our attention for the future. For today, if there are no objections, I think we'll allow Planning to have a short presentation and clarify whatever they felt was necessary since the Committee meeting. MR. YEE: Okay, and I'm going to steal two minutes from you, then. So, make it eight minutes; I'm going to steal two here. Page 13 Hawaii County Council-45 July 25,2018 ACTING CHR. EOFF: Okay. MR. YEE: So, indulge me for two minutes. So, we were here last night for the vacation rental bill. It was a long drive home. Luckily at one point, NPR (National Public Radio) was on and they had a story on Freakanomics on when is it okay to boo—boo people, right, at a sports venue or something. So, when is booing okay? The short of it was booing politicians is totally fair game. So, you might want to listen to that piece. And they also had some helpful advice that when you get booed on strategies to deal with it. When is it not okay to boo? Never boo children. You don't do that. So, if they're playing sports and whatnot, you shouldn't boo kids. And so, the story kind of ended with a San Francisco Giants baseball player, the master who was getting booed a lot, and Reggie Jackson made a comment to him playing in his last year and said, "Fans don't boo nobodies." And the master really found that to be helpful advice to him. So, that resonated a little bit more this morning with me in the sense that I kind of got a boo. So, I don't think I think too highly of exactly who I am and stuff, but obviously, I might be somebody now if I'm getting booed, right? For the record, I'm a haole; I wasn't born here. Again, I accepted that when I moved to this island. You will never hear from me how long I lived here. That's not important. What's important is I'm a lifelong learner of this island when I accepted to move here. I'm singular in my mission, my wife and I, to raise our three year old that he and all the other future kids on this island will have the opportunity to stay on this island who want to live and grow and raise their families here. I'm singular in that mission here and as much as the job skills I bring here to do that job I want to do. So, all that just kind of tied in nicely. We've heard boos and comments, pros and cons, about the Hamakua CDP (Community Development Plan). So, that also highlights just how important this is. And so, I appreciate the long haul for everybody, a few more minutes today. With that, I'll turn it over to Leana and Bethany again. Thank you. ACTING CHR. EOFF: Thank you. (Note: At this time, Leana Gloor, Planner V, and Bethany Morrison, Planner VI, of the Planning Department came forward to address the members of the Council.) ACTING CHR. EOFF: Just state your name for us. MS. GLOOR: Leana Gloor from the Planning Department. Thank you. I appreciate your time this morning, Council Members. I will be brief. I'll move Page 14 Hawaii County Council-45 July 25,2018 this over a little bit. We have Bethany Morrison from the Planning Department to also help if we have any questions that pertain to her. As I said, I will be brief. It's mostly review, but the presentation (see Comm. 967.8) will capture some of the questions that were raised at Committee. And since maybe not all of you were able to stay for that long day, it might be helpful to you. So, we had a binder orientation. I won't go through that. Hopefully, you can understand that the Exhibit A is the CDP that will be adopted into ordinance, hopefully soon. I do want to appreciate that the steering committee that testified earlier, I think there were three members and they pointed out that there was a longer commitment than originally intended. They really signed on for a two- year commitment. And so, we're up past eight years now. So, I really want to give my sincere mahalo for their dedication and their commitment, even now in still showing up and testifying. I really appreciate that, their role in this process. So, we talked about, last time, the foundational document for Planning is the General Plan. But the Hamakua area did have a previous CDP from 1979. That's an interesting point. So, it's one of the few areas that had kind of an original CDP, that this is pretty similar to the same geographic area that we're covering. And I'll just point out that is the Hamakua, North Hilo, and parts of South Hilo districts. The purpose and scope of the Hamakua CDP, based on the General Plan, is to implement the goals of the General Plan on a regional basis and to serve as a forum for community input into coordinating the delivery of government services to the community. That includes directing land use, zoning, growth, development, and design, and to plan for natural features and public improvements as far as government services. So, the steering committee, as I said, we've lost a few members over the eight years. But overall, we had a very represented and very well-respected group work on the steering community. And their role has been to ensure the plan is in the community's best interest. So, we're going to mostly go into the types of policy and actions of the CDP. Now, the land use policies and the County actions on the left side of this pie chart are mostly what we're going to focus on. The kokua actions are basically actions that help advance the CDP implementation that the County does not have jurisdiction over—it could be Federal; it could be State; it could be private organizations. And the community actions also is where the community was really the best expert to lead that. But mostly what we're going to talk about is on the left side: the land use policies and the County actions. We're going to deal with exactly what those entail because a lot of the questions that we've had about the CDP have related to what Page 15 Hawaii County Council-45 July 25,2018 is regulatory and what is advisory or guidance. So, the land use scope of the CDPs is that it can be—this is from the General Plan, Chapters 14 and 15a forum for community input into managing growth. It can direct physical development. It can designate and coordinate detailed development patterns, and it may contain detailed land use and zoning guide maps. And the steering committee may recommend amendments to the General Plan. If there is a direct conflict between the CDP and the General Plan, the General Plan shall be controlling. According to the General Plan, the CDP shall identify appropriate governmental actions that includeso, this is directly from the General Plan, 15.1. Talks about regulatory actions and describes what regulatory actions could be and then it also points out that the community plan shall recommend amendments as appropriate to the codes, maps, or administration and enforcement. So, that's something that the Hamakua CDP does do. It does recommend amendments, and it has a few regulatory actions in it. How many regulatory actions does it have in it? It has seven, and out of that seven, three of them, the top three on this list, are new. The bottom four are reiterations of existing policy. So, reiterations are a way for us to prioritize and educate the public and make sure that those existing policies are followed through on. But the first three are the only ones that are actually new in the Hamakua CDP. So, if we look at that on the pie chart, 95 percent of the CDP is guidance and a very small 3 percent is reiterated and a very small 2 percent is actually new. Actually, that's a—yeah, 2 percent new. So, that's a pretty small amount. Most of the CDP is providing guidance to either the County or other agencies in the community as far as implementing the goals of the CDP. So, there's been questions about the Land Use Guide Maps. They provide a visual representation of various policies, and they set urban growth boundaries. So again, if there is a direct conflict between the CDP and the General Plan, including the LUPAG (Land Use Pattern Allocation Guide) maps of the General Plan, the General Plan shall be controlling. That's stated in the CDP. And then again, the GP (General Plan) authorizes CDPs to make recommendations on amending the General Plan, including the maps. The CDP land use policies and the maps will be used as part of the analysis for future General Plan amendments. So, I want to give you an example. In the case of a LUPAG amendment—so that's a future amendment, not something done in the CDP—additional analysis including infrastructure availability, resource management, environmental impacts, and growth projections will be factors under consideration for LUPAG amendments. CDP recommendations will be one part of that analysis. Page 16 Hawaii County Council-45 July 25,2018 Any LUPAG or GP or code changes will involve a public process and Council adoption. So, we just wanted to make that clear that the recommendations in the CDP are just one part of the analysis that a future process would involve. There are other policies that require follow-up action. One of them is a shoreline setback and a bluff setback recommendation in two different policies. And the other one is a view shed preservation recommendation. We had some testimony on that in the Committee level. Both of these or all three of these different recommendations would involve a follow-up process. And so, in closing, when adopted and implemented, the CDP in all its various strategies will combine to accomplish these community objectives about the natural cultural resources, improving access, protecting viable agricultural lands and resources, encouraging the community-based collaborative management of our resources, directing future settlement patterns that are sustainable and connected, improving the rural transportation network, promoting a diverse sustainable economy, encouraging the revitalization of our town centers, promoting agriculture, renewable energy, and appropriate rural tourism, and promoting Hawai`i's host culture and Hamakua's heritage places. That's kind of the fundamental of what the CDP will do upon adoption. So on that, that is my brief summary of the CDP based on the last discussion we had during Committee, and I leave it open for questions. ACTING CHR. EOFF: Okay, thank you, Leana. Did you have anything to add, Bethany? MS. MORRISON: No, thank you. I don't. ACTING CHR. EOFF: Okay. Council Members, questions or comments? MR. RICHARDS: Yes. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Thanks for the brief presentation. I did miss it at Committee. I think I'm in the procedural mood today as well as Councilman Chung is. I'd like the Planning Director and actually Joe Kamelamela to come up. (Note: At this time, Planning Director Michael Yee and Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. RICHARDS: It's a very simple question, and this goes back to my concern about the CDP and signing on more liabilities than we can deal with at any given Page 17 Hawaii County Council-45 July 25,2018 time. Going forward, is this mandating anything, and I know I've listened to the presentation, I read through the CDP. Does this CDP mandate and assign any potential liabilities to the County by adopting it? I'd like an answer from both. MR. KAMELAMELA: So, I'm going to say no. MR. YEE: Michael Yee, Planning Director, and I agree that, that's a no. MR. RICHARDS: Okay, I read on page 9 that Section 2, it says County actions CDP, blah, blah, blah. These policies are not mandated, legally binding, or self- implementing, etc. So, you say it verbally, I read it here there's nothing that can happen with the CDP. The CDP overarching is for advising going forward, but it doesn't mandate anything. We don't have any code changes or anything with it. It has to go piece by piece. Is that correct. MR. KAMELAMELA: This is Joseph Kamelamela. Yes, because it depends on what's being asked. And so, we're going to need Council input. MR. RICHARDS: So, is that a yes or no? MR. KAMELAMELA: Yes. MR. RICHARDS: Okay. MR. KAMELAMELA: Yeah. I think I put a yes there someplace. MR. RICHARDS: Okay. Michael? MR. YEE: I concur. MR. RICHARDS: Okay. The reason I ask the question again is procedural. The work of the CDP is not in question. The intent is not in question. It's the application. Sorry. Vog. That's not what I'm asking `cause I think the work is great. We get input and granted, as the director said, not everybody supports the CDP; it's not a hundred percent. But I think the intent is in the right direction. As we go forward, this doesn't change anything. It's just a very articulate document of how the community wants the County to proceed going forward. And with that, okay. So, that answers my questions. Thank you. ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Any other questions? MR. CHUNG: Yeah. ACTING CHR. EOFF: Mr. Chung. Page 18 Hawaii County Council-45 July 25,2018 MR. CHUNG: Just a follow up to what Mr. Richards was asking. He asked if there's any mandates; what was that, what was the word you used? MR. KAMELAMELA: Mandate. MR. CHUNG: Huh? MR. KAMELAMELA: "Mandate"was the word. MR. CHUNG: Yeah, whether we're mandated to do anything. And the answer was no, but that further actions needed to be done. Then my question is this: When those further actions come up, is the Council going to be required to take a certain action because of the CDP? I mean, are our hands going to be tied? Like, for example, when the union pay raises come up, a lot of us have taken the position that after it's negotiated and all of the respective administrators at the State level and the counties have agreed on a package, we don't have any discretion. Basically, it's just pro forma. Our hands are tied. We just have to give the ratification. Is that a situation that's being presented by the CDP? MR. KAMELAMELA: This is Joseph Kamelamela, Corp. Counsel. No, I don't see it. MR. CHUNG: Okay. That's all I wanted to know. Because, I'm in support of this, and I think it's a reflection of what the community wants. I was troubled somewhat during the last go around with that whole—the so-called Shropshire matter, right, because we had pockets of industrial zone properties throughout that Hamakua District that were being retained and then this one was a little bit different. I just didn't want us to be in a situation where we're exposing the taxpayers to any kind of liability. Thank you very much. Thanks for all of your hard work. ACTING CHR. EOFF: Okay, thank you. Any other questions or comments, Council Members? Seeing none then, we'll wrap it up and take a vote on Bill 161. All in favor,please say "aye. Vote on Bill 161: The motion to pass Bill 161 on first reading and adopt (Approved) Planning Committee Report No. 64 was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff–8. Noes: None. Absent: Council Member David– 1. Excused: None. Page 19 Hawaii County Council-45 July 25,2018 ACTING CHR. EOFF: Bill 161 will move to second reading. Bill 164: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants —Hawai`i Criminal Justice Data Center—National Instant Criminal Background Check System Act Record Improvement Program account ($48,590); and appropriates the same to the Hawaii Criminal Justice Data Center—National Instant Criminal Background Check System Act Record Improvement Program account. Funds would be used by the Police Department to purchase equipment that would allow access to statewide offender information and enhance identification, storage, and tracking of evidence by transitioning to a standardized bar code system. Reference: Comm. 984 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. Poindexter moved to pass Bill 164 on first reading. Seconded by Mr. Richards. ACTING CHR. EOFF: This actually is a companion to Resolution 639 that we've already voted on. So, any other questions? Seeing none, all in favor please say "aye." Vote on Bill 164: The motion to pass Bill 164 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. ACTING CHR. EOFF: Bill 164 moves to second reading. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (There were none.) REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. Page 20 Hawaii County Council-45 July 25,2018 PC-63 NOMINATION OF BENJAMINE HELOCA TO THE CULTURAL RESOURCES (Comm. 972): COMMISSION Motion to Approve: Ms. Poindexter moved to adopt Planning Committee Report No. 63. Seconded by Mr. Richards. ACTING CHR. EOFF: Any comments or discussion? Hearing none, all in favor please say "aye." Vote on PC-63: The motion to adopt Planning Committee Report No. 63 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. ACTING CHR. EOFF: That takes us to the end of the agenda. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 10:27 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff—8. Noes: None. Absent: Council Member David— 1. Excused: None. Page 21 Hawaii County Council-45 July 25,2018 ACTING CHR. EOFF: Our meeting is adjourned. Thank you very much, Council Members, and thank you again, Planning Department. Council Approval: AUG 2 ,2 2018 r , . COUNT LERK SM/dg • Page 22