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HomeMy WebLinkAboutMIN COUNCIL 2018-08-08 2016-2018 Hawaii County Council 46I Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 8, 2018 INVOCATION: Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:06 a.m., in the Council Chambers, Hilo, by Ms. Valerie T. Poindexter, Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Eileen O'Hara, Member Mr. Herbert M. "Tim" Richards, III, Member (came in later) Ms. Jennifer Ruggles, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Mr. Kanuha led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Lee Loy and Mr. Chung presented a Certificate of Merit EXPRESSIONS OF to Helen Shirota-Benevides for earning the 2018 Alumnus of the Year Award, CONDOLENCE: which is the highest level of recognition awarded by the Aloha Council.) Recess: At 9:14 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:17 a.m. Hawaii County Council-46 August 8,2018 STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Koohan Paik-Mander: Bill 161 (Comm. 967), in support. Abolghassem Abraham Bill 164 (Comm. 984), comment. Sadegh: Robert Nishimoto: Bill 161 (Comm. 967), in support. (See Comm. 967.9) Brad Kurokawa: Bill 161 (Comm. 967), in support. (representing Hamakua Community Development Plan Steering Committee) Akiko Masuda: Bill 161 (Comm. 967), comment. (representing Wailea Village Historic Preservation Community) Marlene Hapai: Res. 651-18 (Comm. 1009), in support. (representing Hawaii Island Portuguese Chamber of Commerce Cultural and Educational Center) Kurt Melon: Bill 161 (Comm. 967), in support. Michael Johnson: Bill 161 (Comm. 967), in opposition. Susan Forbes: Bill 161 (Comm. 967), in support. (representing Hakalau Point Preservation Association) June Kaye: Bill 161 (Comm. 967), in support. John Kaye: Bill 161 (Comm. 967), in support. Dwight Vicente: Comm. 999, comment; Res. 651-18 (Comm. 1009), comment; Bill 161 (Comm. 967), comment; and Bill 165, Draft 2 (Comm. 989.5), comment. Page 2 Hawaii County Council-46 August 8,2018 Lorraine Mendoza: Bill 161 (Comm. 967), in support. (representing Hamakua Community Development Plan Steering Committee) Farrah-Marie Gomes: Bill 161 (Comm. 967), in support. (representing Hamakua Community Development Plan Steering Committee) Don Atkins: Bill 161 (Comm. 967), comment. Marcia May: Bill 154, Draft 2 (Comm. 941.6), in support. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Comm. 999: REAPPOINTMENT OF JULIA ANN ALOS AND MARK S. GORDON TO THE SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Harry Kim, dated July 20, 2018, submitting for the Council's review and confirmation the above nominations. Waived: PC Requires Council Confirmation by: September 2, 2018 (Section 134(1), Hawaii County Charter) Motion to Approve: Mr. Richards moved to confirm the appointment of Ms. Julia Ann Alos to the South Kohala Community Development Plan Action Committee. Seconded by Ms. David. (Note: At this time, Executive Assistant to the Mayor Rose Bautista came forward to address the members of the Council. Nominees Julia Ann Alos and Mark S. Gordon also came forward to address the members of the Council, via videoconferencing from Waimea.) CHR. POINDEXTER: Okay, Rose, go ahead. MS. BAUTISTA: Thank you. I see my committee members waiting there patiently. Thank you so much. On behalf of Mayor Kim, it is a pleasure to reappoint again two holdovers for the South Kohala CDP (Community Development Plan) Action Committee. I'm going to first introduce Ms. Julia Alos, followed by Mr. Mark Gordon. Page 3 Hawaii County Council-46 August 8,2018 Julia Alos owns and manages a business supply rental company. She serves as vice president of the Waikoloa Village Outdoor Circle and is the founder of the annual Wiliwili Festival. She's a 26-year resident of Waikoloa and notes that she is a member of the Democratic Party. If she is confirmed, she will serve a full four-year term to expire January 31", 2021. Thank you. MR. RICHARDS: Chair? CHR. POINDEXTER: Do you want to ? MR. RICHARDS: Just a question. Are we going to do one and then the other and then approve them all? Or are we going to read them both in? How are we going to do that? CHR. POINDEXTER: Yeah, I think we read them both in, and we'll take them one at a time and vote one at a time if that's okay. MR. RICHARDS: Okay. CHR. POINDEXTER: So, Ms. Alos, do you have a few words you want to share with us? MS. ALOS: Aloha, Council. Good morning. Thank you for your time. It is a pleasure and an honor to have served these past two years on the CDP for South Kohala with the action committee. I look forward to being re-nominated for my next four years to work hard for my community and all the efforts that we'd like to have continue in our district for our community. Thank you. CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: I'm definitely going to weigh in on these two. No, not yet, Mark. First of all, for Julia Alos, if you want to talk about a tireless energized individual, you are looking at her right there. She works extremely hard and long hours to get things done for the community. I have worked with her. One of the things is if you're ever wondering what's on her mind, you don't have to wonder because she will tell you what's on her mind. So with that, when it comes to the CDP Action Committee, this is the kind of individual that we need on the action committee. So, I'm very pleased to fully endorse her, and I ask that the rest of my other Council Members endorse her as well. Thanks. CHR. POINDEXTER: Thank you. Any other discussion? Okay, seeing or hearing none, all those in favor of reappointing Julia Ann Alos to the South Kohala Community Development Plan Action Committee say "aye." Page 4 Hawaii County Council-46 August 8,2018 Vote on Julia Ann The motion to confirm the appointment of Ms. Julia Ann Alos: Alos to the South Kohala Community Development Plan (Approved) Action Committee 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: Congratulations. Now, we move to the nomination of Mark S. Gordon. Go ahead, Rose. MS. BAUTISTA: Thank you. The second reappointment is for Mr. Mark S. Gordon. He's currently the environmental health and safety manager at JMDecker Group Hawaii and previously worked for the Santa Clara Valley Transportation Authority. He holds a Bachelor of Science in Chemistry. Mr. Gordon's community service also includes membership with the Waikoloa Community Emergency Response Team, Red Cross Disaster Action Team, and is a volunteer with the United Service Organizations at the Pohakuloa Army base. He lives in Waikoloa and indicates that he is not a member of any political party. Also, he will serve a full term to expire January 31", 2021. Thank you. CHR. POINDEXTER: Thank you. Mr. Gordon, would you like to say a few words? MR. GORDON: Yes, thank you, Madam Chair. It's been a pleasure serving for these past couple of years with the South Kohala CDP. I look forward, with the Council's approval, to serving four more years supporting the people of Waikoloa and their views and everything else as well for the benefit of Hawaii County itself. Thank you. CHR. POINDEXTER: Thank you. Before we continue, I think a change in the motion because we read in both but we should have, if we're voting on individuals, we should have separate motions. MR. MAEDA: Yes, if we could have separate motions for both of them. CHR. POINDEXTER: Okay. So, we voted in already. How do you want to proceed with this? MR. MAEDA: If we could have a motion for Mr. Gordon. Page 5 Hawaii County Council-46 August 8,2018 Motion to Approve: Mr. Richards moved to confirm the appointment of Mr. Mark S. Gordon to the South Kohala Community Development Plan Action Committee. Seconded by Ms. David. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair, and thank you, Mr. Gordon, for being here, Mark. Probably the best way I can sum this up is that Julia and Mark were twins separated at birth. I have worked with Mark as well for the last couple of years. As we look towards confirming the Hamakua CDP and we look forward to setting up the action committee, these are two good individuals to talk about CDP action and going forward. I fully endorse Mark. Once again, he's a little bit of a geek like myself. He also has a degree in chemistry, but more importantly, like Julia, you don't have to wonder what's on his mind. He will inform you of it very succinctly and very quickly. So again, I ask my colleagues to fully endorse these. We've got some good work behind us and good work ahead of us. These two are valuable to the CDP Action Committee. CHR. POINDEXTER: Thank you. Seeing no other discussion, all those in favor of the reappointment of Mark S. Gordon to the South Kohala Community Development Plan Action Committee say "aye." Vote on Mark S. The motion to confirm the appointment of Mr. Mark S. Gordon: Gordon to the South Kohala Community Development Plan (Approved) Action Committee 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: Congratulations. We wish we could all shake your hands, but there you go. You shake each other's hands, and we'll say aloha to you. Thank you. MR. RICHARDS: Thanks, Mark. Thanks, Julia. CHR. POINDEXTER: Now, before we take that other bill out of order, approval of minutes, we'll get that out of the way. Page 6 Hawaii County Council-46 August 8,2018 Return to Order The Chair directed the Council to return to the order of business. of Business: APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Ms. David moved to approve the Minutes of June 29, 2018. Minutes: Seconded by Mr. Richards 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. Vote on Approval of Ms. O'Hara moved to approve the Minutes of July 10, Minutes: 2018. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (Note: The item in this category was taken up previously, out of order.) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Page 7 Hawaii County Council-46 August 8,2018 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 First Reading: July 25, 2018 Motion to Approve: Ms. Eoff moved to pass Bill 161 on second and final reading. Seconded by Ms. Ruggles. CHR. POINDEXTER: Do we have any discussion? Council Member Richards. MR. RICHARDS: Thank you, Chair. Do we have anybody from Planning here? (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.) MS. GLOOR: Good morning. I'm Leana Gloor from the Planning Department. MS. MORRISON: Good morning. Bethany Morrison from the Planning Department, and our Planning Director just came in as well. MR. RICHARDS: Okay. All right, this is just to reiterate something. I'm fully supportive of the Hamakua CDP. I just want to make sure there's a clarification here. When I asked previously Director Yee concerning the actions and the authority of the CDP, under a letter dated March 22nd to the Windward Planning Commission, I had made a reference to County actions. I want to be sure just for the record it wasn't in the CDP. It was in the directions to the Windward Planning Commission of the authority of the CDP. So just for the record, I want to be clarified there. It states, "County actions are CDP policies to guide future County priorities and initiatives including operating and capital budgets. These policies are," emphasized, "not mandated, legally binding, or self-implementing. Rather, they often require additional legislative and administrative directives before being implemented. Plan acquisition, capital improvement, code changes, etc." I just want to verify that for the CDP going forward, and that is an accurate statement, is that correct? Page 8 Hawaii County Council-46 August 8,2018 MS. GLOOR: That's correct. MR. RICHARDS: Okay. All right. For the record, I want to have that in there. So, like I said, I'm fully supportive of this. It's a great document. You guys have done good. I'm very supportive of it. So, thank you. I yield. CHR. POINDEXTER: Thank you. Council Member Chung. MR. CHUNG: I think I'm going to be voting against this today. I really do apologize. I wanted to give deference to Chair Poindexter for all of her hard work and community involvement. This has nothing to do with, obviously, the hard work that has been put in by staff and the community. I'm okay with the plan in concept; I have no problem with it. What I have a problem with is that aspect in Hakalau regarding the so-called Shropshire property. I know we heard representations from the Planning Department and our Corporation Counsel that this is not a mandate; it doesn't supersede the County Code, zoning laws, and all of these things. I'm not convinced. I'm concerned. I have no problem with that being an open space. I would like to defer to the wishes of the community, but what I foresee happening is this will be taken to, I mean, everybody's saying that this does not affect the zoning. Somewhere down the line, this is going to be taken to court and the court, in my opinion, might say that it does constitute a downzoning. I looked this document over. I looked the wording over. There's some definitions that are missing. So, I really can't make heads or tails about some of these aspects, but I'm just very concerned. I supported a purchase of that property. I think we still can use, perhaps, PONC (Public Access, Open Space, and Natural Resources Preservation Commission) funds. I'm not too sure how that would work. You could have design standards. I certainly don't want to see an industrial development there, but I don't think it's out of the realm of possibilities that a nice commercial development that's compatible with the complexion of that community can be had. I'm also concerned that, and this might be subject to fact checking but it's been represented that the zoning or I don't know if you can call it a zoning within the context of a CDP, but the nature of that property was retained in two drafts. And on the back end, it was changed. There were some recusals. Something is not right. If we did something like that at the County Council level, that would possibly be on the front page. I'm not saying that things were done incorrectly. I'm just saying thereI know that the community had long wanted an open space for that area. What I'm worried about is that this is some way of getting around that and achieving that end. Page 9 Hawaii County Council-46 August 8,2018 I'm just really concerned because everything else has been retained. I asked those questions, right, over in Kona: How come these industrial parcels are retained? Throughout that district, only one was taken off It's not to say that I'm in favor of industrial development, absolutely not. I think it's incompatible. But procedurally, I think there's something wrong. I cannot support it. I really do apologize. CHR. POINDEXTER: Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. A lot of people here in this room know that I've been a planner for a very long time and I will be supporting this, but I have that concern that the way the language is, is that for that particular property it recommends a change to the LUPAG, which is our Land Use Pattern Allocation Guide. Once we adopt this as an ordinance, that becomes leverage for that property to be pushed into a downzoning because it's going to be used as a sword and a shield and that is my big concern. And that, for me, falls into a takings issue. So, I just wanted to air that. I will be supporting this `cause I can see how this law could be used to leverage a downzoning. The rest of the plan is phenomenal. I really like how it's put together, the policies, how they've been identified. The action items, the kokua items. This is topnotch. It's just that, that one parcel that seemed to be targeted. But I'm not going to throw the baby out with the bathwater. So with that, I yield. I do, for the record, want to leave that as my large concern. So, thank you, I yield. CHR. POINDEXTER: Thank you. Council Member Richards. MR. RICHARDS: Thank you, Chair. Hearing the Councilman and Councilwoman raising concerns, and that's why I wanted the clarification read in there. Let's hear from Planning. We have the Director in the house, and we have the other two representatives. I'd like to hear the intent in addressing the concerns of the two Council Members. (Note: At this time, Planning Director Michael Yee came forward to address the members of the Council.) MR. YEE: Good morning. Michael Yee, Planning Director. This debate regarding what is guidance and what is mandated has gone on. It went through the Ka`u CDP and now on Hamakua. Clearly, you've heard from Corporation Counsel, from me, from my staff that we're clear about what we're really suggesting as changes and not mandating. I hear the concern that, clearly, could it be leveraged for changes? I can't deny that there will be those that may choose to do that. But I will also say there are entitlements to the property owner, and those Page 10 Hawaii County Council-46 August 8,2018 are in place. So, do we set this up that there's going to be some friction and fights down the way? Could be, but that exists everywhere throughout the island on many different projects. It's clear with this Administration that we value the vision of communities, and we've tried to express that here. Obviously, visions are not always in total agreement that, that's what's reflected today. I think we've written it to try to avoid the legal wranglings around a taking. We certainly didn't want to put us into that situation someday where we're having to fight that fight, too. Again, time will tell if we did a perfect job about that. But I think we've written it in a way to avoid that. CHR. POINDEXTER: You still have the floor. MR. RICHARDS: Actually, I'd like to yield to the two Council Members that have—they have any further questions for the Director. CHR. POINDEXTER: Okay. Any other discussion before I close? Okay. Council Member Eoff MS. EOFF: I think we have learned, I mean this is, what, the fourth CDP that's been—fifth? This is the fifth. And we did have some issues, and I think you put in, like you said, enough clarity to keep us from having the takings issue. So, I'd like to compliment all of you for that and for the hard work of the steering committee and everybody that was involved. I think it's open enough that we can figure out going forward how to make sure that everybody's rights and everybody's wishes are taken into consideration as things unfold for the development in the area of Hamakua. So, I just want to say thank you, and I'll be supporting adoption. CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: Mahalo, Chair. I really want to echo my appreciation for all that the Planning and the steering committee have done in Hamakua. Similar concerns were raised when the Ka`u CDP came over to this board, and I really agree that you folks were very aware of the things that are being raised here again today about public property rights, the owner's rights, takings, and that sort of legal questions. I think you've done your due diligence because you've had many CDPs to finetune this process. That's what I want to thank you folks for doing because you folks could have just processed this as normal and left it up to litigation down the road. But I think you have sincerely tried to address the issues that have been a concern to this body. Page 11 Hawaii County Council-46 August 8,2018 And I do not support any process or procedures that would even risk takings for anybody because everybody has their rights. But I appreciate the fact that you folks have done the best that you can. I remember Leana noting in prior discussions that our General Plan is controlling as far as in comparison to CDPs. So, in your General Plan process, which is coming up, I really see that you folks can even further finetune this process so that concerns like Ms. Lee Loy's and Mr. Chung's can be addressed further and maybe we can come up with something that's really great in both the CDPs and the General Plan process. So again, mahalo so much for all of your guys' hard work and for the concerns that this body is raising because they're valid concerns. But sometimes, those things have to be settled in a different venue `cause we can't anticipate what they will be at this point in time. So, thank you. Mahalo. CHR. POINDEXTER: Thank you. Council Member Chung. MR. CHUNG: I just have a question, and certainly I'm not urging any of my colleagues to vote against this. I'm just sharing my thoughts. I've always been told to vote my conscience, so that's what I'm doing. But, Mike, not that it's going to change my decision, but how would your department process an application of that property for an industrial use right now? What would happen? MR. YEE: It certainly has its entitlements to what it's zoned for. Within any application for anything, we always—there's a piece of the evaluation that seeing alignment with CDPs is always just one piece of it. It's fairly improbable, I would say, that if people are meeting their entitlements, they're doing something within the zoning, that the CDP, although it may not be an alignment there, would result in a recommendation for me to go against their entitlements `cause that's inviting a series of appeals down the road. So, the likelihood is just very slim that if they stay within the bounds of what they're entitled to, that we can move against that. MR. CHUNG: Okay. So, the process MR. YEE: Now, I will say there was a comment made earlier that could the CDP use to try to change land use? Could, but I think there's enough transcript here to show that, that certainly was not the intent either. MR. CHUNG: Okay. Well, as I said, it's not going to change my decision. Because notwithstanding the transcript here, I meanactually, the transcript would only be, I guess, relevant if there is some ambiguity in this. But to me, I'm confused but it could be interpreted another way. Even if your department was to process, and again I'm not trying to urge anyone here, I'm just stating my Page 12 Hawaii County Council-46 August 8,2018 concerns for the record. But even if your department was to process it and even if it were to be approved ultimately, it still opens the door for a lawsuit;just like what happened in Kona. I don't think the Council really took these things into consideration. `Cause after ten years of works, it's very easy for the Council to just say, "We're going to defer to the hard work of the community because we want to do that." Sometimes, we don't take as close a look at all of the legal ramifications that could come up. Now, we've learned from that time, and of course we came to the Ka`u CDP which generated a lot of discussion and then we got this one. If not for this parcel and the circumstances by which it was determined to be now in open or desired to be open, I'd be voting for this thing wholeheartedly. But this is very concerning to me. Thank you. Oh and, yeah, never mind. CHR. POINDEXTER: Okay, Council Member Ruggles. MS. RUGGLES: Thank you for the discussion moving these concerns out. First, thinking about what happened in Kona with what happened with the previous CDP that we adopted, I think the issue there was that their CDP had "shalls" that were interpreted as law by the judge. And this committee has made it very clear to us that where you put the "shalls,"you made sure had already existing law so that we weren't creating any new law to be in conflict with the existing laws. You guys were very clear. You outlined even where the "shalls" were and what they were in specific and what laws they were already referring to that already existed. So, I think you've done your due diligence when it comes to legality, and I'm not concerned about that. I just want to thank the testifiers for coming out again and following through with this after nine years. I think we're going to actually pass it this time. Thank you. MR. YEE: Quick comment. It'd be disingenuous for me to sit up here and take any credit for this. This was long in the making, years prior to me coming to here. So, April, Bethany, Leana, all the Planning staff, all the community that had been with this for years deserve all the credit. I just want to go on record for that. Thank you. CHR. POINDEXTER: Thank you. Okay. So, I'll close it up by saying that I'm real proud of the community for standing united in protecting what we have left and wanting to preserve our lifestyle and our cultural heritage. `Cause, we've seen—born and raised in that community, since the demise of the sugar industry I've seen what has happened: People coming in and bought up land real cheap because there were no comparables. So, our lands sold cheap. People developed on the coastline. And like Mr. Nishimoto had stated up here, our ocean resources, our food sources were being affected. Page 13 Hawaii County Council-46 August 8,2018 And you look throughout the coastline—the landslides, the instabilities everything that's going on there because we didn't have something like this in place to say, "Hey, let this be the guide. Let the people tell you that have lived here on this coastline what we'd like to see so we can protect our place for generations to come so that our kids can live here. Should we become isolated because the bridges go out or the barges even stop coming, we can survive in our community because we have our clean waterways, we have our ocean resources, we have our hunting grounds, whatever it is to survive that we've always done in Hamakua." Because when the plantation had strikes, we had a family of six, we were poor. No money coming in, but we survived because of the cultural lifestyle and we lived off our land. We want to continue that. I saw that in all of the years that our committee—thank you so much for being those voices, listening to the people who came and then having your discussion. It was a great process. Now, you're turning it back over to the community to say, "Here. Action committee, now this is your guide and let's start looking at this and managing it." So, thank you to the entire community for sticking it out and sticking together `cause united we stand, divided we fall. Thank you so much, and thank you for the Planning Department especially because you had great leadership and making sure we stayed on task. So, thank you very much. MR. CHUNG: I'm so sorry. CHR. POINDEXTER: Okay. Council Member Chung. MR. CHUNG: Not to belabor the point, Mike, I'm going to give you guys one last chance to grab my vote, okay, `cause I want to. I read this document as thoroughly as I could, but maybe I missed something. Is there anything in this document that specifically relates to that property, why it was changed and that this is merely a wish or a request on the part of the community, and it does not affect any zoning or entitlements on that property? If there is something like that, I will vote for it. I couldn't find anything in there, Mike. MR. YEE: Michael Yee, Planning Director. Referring to page 30, I see the rationale of theoh, it was in the Hamakua's CDP policy rationale. Sorry, I'm not sure if you have that. MR. CHUNG: I'm looking at it right here, yeah. MR. YEE: Okay. Exhibit 2. I'm going to have actually staff address this `cause they were working in detail on this. MR. CHUNG: It does reference those TMKs (Tax Map Keys). Page 14 Hawaii County Council-46 August 8,2018 MS. GLOOR: Leana Gloor, Planning Department. On page 30, the rationale. "The Hakalau and Wailea communities" oh, I need to go a little bit lower. ,'For the Hakalau coastal area, the CDP land use guide map designates the current LUPAG Industrial area to be designated as LUPAG Open to convey the preferred land use for that area. Currently, the LUPAG Industrial designation stretches across multiple parcels, including a County-owned parcel and several residential parcels. "There are three shoreline parcels with County Industrial zoning, one of which is owned by the County" in "TMK: 2-9-002:080 and contains the steep gulch and Hakalau beach park area, and the other two,"which TMKs end in 079 and 081, "are privately owned and possibly intended for redevelopment. Note: While the CDP recommends changing the designation for these parcels to LUPAG Open, the land maintains its underlying Industrial zoning and its associated permitted uses (The CDP does not have authority to change zoning). "Due to the site's proximity to the ocean and Hakalau Stream, this parcel is no longer seen as ideal for heavy industry and, therefore, the proposed designation conveys that the County Planning Department would likely support a zoning change to a less intensive use, such as LUPAG Open. The designation of LUPAG Open was chosen as the community's preference after lengthy discussions relating to protecting coastal resources, viewshed preservation, and a desire for preserving open space." And it relates to guiding principles for proposing LUPAG changes under the rationale for Policy 1. That relates to that. Also, on Section 2.2, page 28, Policy 1 and page 33 relates to if there is a direct conflict between the CDP and the General Plan, the General Plan including the LUPAG shall be controlling. So, that's stated in numerous locations of the CDP, and that relates to that map representation as well for Hakalau Point. Does that answer your question? MR. CHUNG: I mean, yeah, that's exactly what I was looking at, quite frankly, but I was still trying to synthesize it in my own mind how that played into my concerns. Because, it kind of gets us back to square one. How about this: there was a gentleman who came up here earlier and said that if the property was sold then the entitlements would be—that's not correct, right? MS. GLOOR: That's not correct. I'm not sure where that idea came from, but that's not MR. CHUNG: But he did say that, right? MS. GLOOR: He said that, but I'm just not MR. CHUNG: Yeah, that can't be true. Page 15 Hawaii County Council-46 August 8,2018 MS. GLOOR: No. MR. CHUNG: I mean, even within the context of the CDP? MS. GLOOR: Right. There's nothing written about that. I don't know where that came from. MR. CHUNG: You know what, Madam Chair? Can I have, like, a five-minute recess? Would that be okay? CHR. POINDEXTER: Sure. We're taking a five-minute recess. Recess: At 10:38 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:44 a.m. CHR. POINDEXTER: Council Member Chung, you had the floor. MR. CHUNG: Yeah, thanks for giving me my five minutes to think. I actually took about a minute, and I'm going to be supporting this now. It's better to get a unanimous vote. But I still have concerns, and it is our responsibility to look at these things critically, balancing everything and all the work that the community has put in place. I'm just going to take this one statement: The CDP does not have authority to change zoning. I believe that to be true, but I don't know how this thing is going to be interpreted if it does become a court action. And if it does become a court action, we're not going to be around. It's going to be other people who have to pick up the pieces. Hopefully, it doesn't get to that point. But I really appreciate all your hard work and the community's hard work. I'll be voting "yes" on this. CHR. POINDEXTER: Thank you, Mr. Chung, for brining up those good points and having a great discussion `cause I think that's important as well. So, thank you for that. So, I think we're ready for the vote. All those in favor of adopting Bill 161, say "aye." Vote on Bill 161: The motion to pass Bill 161 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 16 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: The CDP is adopted. Thank you very much. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 636-18: AUTHORIZES A GRANT OF EASEMENT 5-41 ON, THROUGH, AND/OR OVER A PORTION OF KAOMOLOA ROAD, LOT R-1 OF FILE PLAN 1683, TAX MAP KEY NO.: 6-7-003, FOR SEWER PURPOSES TO WAIMEA WASTEWATER COMPANY, INC., SITUATED AT LALAMILO AND WAIKOLOA, WAIMEA, DISTRICT OF SOUTH KOHALA, ISLAND, COUNTY AND STATE OF HAWAII The roadway contains an area of approximately 860 square feet, and would be used for a sewer easement to serve the Lualai Subdivision, with an anticipated sales price of less than $1,000. Reference: Comm. 980 Intr. by: Ms. David (B/R) Approve: FC-124 Motion to Approve: Ms. David moved to adopt Res. 636-18 and Finance Committee Report No. 124. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: We already approved this in Committees, and I would defer to Mr. Richards at this point in time. MR. RICHARDS: Yeah, thank you and thank you, Chair. Just asking for approval. This is cleaning up a little bit of paperwork as we go through, and this is a development in Waimea town. It's just getting our paperwork in order. So, it was, I think, a little bit of an oversight some years ago, and they've discovered it, corrected it, and going forward. So, I ask for your support. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Page 17 Hawaii County Council-46 August 8,2018 Vote on Res. 636-18: The motion to adopt Res. 636-18 and Finance Committee (Adopted) Report No. 124 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: Resolution 636-18 is adopted. Res. 641-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 992 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 641-18. Seconded by Ms. David. CHR. POINDEXTER: Council Member Eoff MS. EOFF: Thank you, Madam Chair. I just wanted to say that Wreaths Across America is observed every year now on the third Saturday in December. And it's observed at about 1,400 locations across the country in coordination with the wreath-laying ceremonies at Arlington National Cemetery. This year, it will be on December 15'h, and the event is to honor our fallen heroes and all of those who put their lives on the line for our freedoms. I found out about the efforts here in West Hawaii from the Civil Air Patrol Kona Squadron, I think my first term, when they were trying to raise money for the wreaths. So, this will probably be my fifth or sixth time I'm helping to support their fundraising efforts. The Civil Air Patrol is made up of cadets that are ages approximately 12-15 years old, and they fundraise and organize the placing of the wreaths on each and every grave at the West Hawaii cemetery. Page 18 Hawaii County Council-46 August 8,2018 So, I'm very honored to be able to help support these efforts and attend their ceremony, which starts about 7 a.m. on that Saturday morning. But if you can attend, it's very beautiful to see the graves all decorated and the whole cemetery covered in holiday wreaths. So, thank you, Madam Chair. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 641-18: The motion to adopt Res. 641-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter–9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 641-18 is adopted. Res. 642-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAII TO ASSIST WITH EXPENSES RELATED TO THE MILOLII YOUTH FISHING TOURNAMENT Transfers $500 from the Clerk-Council Services –Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 993 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 642-18. Seconded by Ms. O'Hara. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, thank you. The CRF (Contingency Relief Funds), I mean this resolution is self-explanatory. Very happy to help the D.A.R.E. program, especially for the kids and the families in Miloli`i. I want to just say mahalo to Sergeant Roy Valera and the D.A.R.E. program and its partnersHI-PAL (Hawai`i Isle Police Activities League), DLNR (Department of Land and Natural Resources), and the Miloli`i Village Community Association—for hosting this tournament for the kids and families of Miloli`i. So, I ask for your support. Mahalo. Page 19 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 642-18: The motion to adopt Res. 642-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 642-18 is adopted. Res. 643-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,000 TOWARDS ENSURING THE CONTINUITY OF ESSENTIAL AIR SERVICE AT THE WAIMEA-KOHALA AIRPORT Donated by the Kohala Coast Resort Association, these funds are part of the community contributions required by the U.S. Department of Transportation and would be administered by the Department of Research and Development. Reference: Comm. 1001 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 643-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. I will defer to Council Member Richards, also, but before I do, I just want to say mahalo to the Kohala Coast Resort for their donation. So, I yield. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thank you, Chair. I'll take a little bit of latitude here if I may just talk about all of them at once. CHR. POINDEXTER: Sure. MR. RICHARDS: We're going to be talking about 643, 644, 645, 646, and 648. All the comments are going to be the same, so I won't bore you with repeating the same thing over and over. Long story short, this has to do with the Page 20 Hawaii County Council-46 August 8,2018 Waimea-Kohala airport in Waimea. We discussed this in Committee previously. In order to maintain an underserved area with Federal funding, we had to have funding coming from the community. A big shout out to Kohala Coast Resort for stepping up to the plate and offering a very substantial donation, as well to Riley, Frankie, and Patti. And as well, Polynesian Poly-ad. What this does is we get the community support combined with contingency funds from myself and also the Mayor's Office, putting enough together to get about a 5 percent share of the overall, which is a little right around $400,000. That affords keeping the Federal funding coming forward to keep the Waimea airport, which is an underserved airport, going. Now going forward, we're hoping this is the only year in that the fells have got things streamed out and actually our State Department of Transportation also. But we needed to do that to keep the funding going and the renewal of the contract. Next year, assuming everything comes forward and things work out, then we won't be faced with this expense again. Had we allowed this to lapse, literally it would have taken an act of Congress to reengage the contract. So, that's why this was so important, and I ask my colleagues for your support. CHR. POINDEXTER: Okay, thank you. Council Member Ruggles. MS. RUGGLES: Thank you. I just had a question. Is the airport on County land or something? I'm just curious why we're accepting the donation. CHR. POINDEXTER: Ron Whitmore is here. Ron, did you want to come up? (Note: At this time, Research and Development Deputy Director Ron Whitmore came forward to address the members of the Council.) MR. WHITMORE: Good morning, Council Members. Ron Whitmore, Deputy Director of the Department of Research and Development. Actually, Tim can probably answer that question. MR. RICHARDS: I can help. CHR. POINDEXTER: Okay. Do you want to have Tim, or you want to go ahead MR. WHITMORE: Sure. CHR. POINDEXTER: Okay. Council Member Richards, go ahead. MR. RICHARDS: Thank you, Chair, and thanks, Ms. Ruggles. This is a weird one. What it had to do was the fells—we're one of two airports in the nation that Page 21 Hawaii County Council-46 August 8,2018 fell into this very goofy designation, and the fells said, "Well, you just have your town take care of it." But we don't have that structure. We have a County structure, not a township structure. So, there's an accommodation made because of our governmental structure within the County, and they needed the local government support along with private support. That's why you see private donations combined with funds coming from the County rather than our township because we don't have townships. So, it's a little bit of a tweak. MS. RUGGLES: I see. Thank you for the explanation. MR. RICHARDS: Did that help, Ron? CHR. POINDEXTER: Thank you. Council Member Kanuha. MR. KANUHA: I don't want to take too much time on this, but that was kind of my question as well: How does it all work out between the donation to the County and that monies are going to the airport, which is in the—yeah, that was my whole question. MR. RICHARDS: This has all been vetted through R&D (Department of Research and Development) and Corp. Counsel because there was ayou're exactly right and your questions are very accurate, but it was sorted out and we didn't do anything unless we got it all approved through. And there is a way to do it legally. And so, procedurally it's there. I can't quote you song and verse. Corp. Counsel—but it's all been vetted. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 643-18: The motion to adopt Res. 643-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter–9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 643-18 is adopted. Page 22 Hawaii County Council-46 August 8,2018 Res. 644-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $50 TOWARDS ENSURING THE CONTINUITY OF ESSENTIAL AIR SERVICE AT THE WAIMEA-KOHALA AIRPORT Donated by Riley Smith, these funds are part of the community contributions required by the U.S. Department of Transportation and would be administered by the Department of Research and Development. Reference: Comm. 1002 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 644-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: I think Council Member Richards explained these resolutions very well, and I just would like to say mahalo to Riley Smith. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 644-18: The motion to adopt Res. 644-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 644-18 is adopted. Res. 645-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $50 TOWARDS ENSURING THE CONTINUITY OF ESSENTIAL AIR SERVICE AT THE WAIMEA-KOHALA AIRPORT Donated by Frankie Pang, these funds are part of the community contributions required by the U.S. Department of Transportation and would be administered by the Department of Research and Development. Reference: Comm. 1003 Intr. by: Ms. David (B/R) Waived: FC Page 23 Hawaii County Council-46 August 8,2018 Motion to Approve: Ms. David moved to adopt Res. 645-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes,just a mahalo to Frankie Pang for the donation. Thanks. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor, say "aye." Vote on Res. 645-18: The motion to adopt Res. 645-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 645-18 is adopted. Res. 646-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $100 TOWARDS ENSURING THE CONTINUITY OF ESSENTIAL AIR SERVICE AT THE WAIMEA-KOHALA AIRPORT Donated by Patti Cook, these funds are part of the community contributions required by the U.S. Department of Transportation and would be administered by the Department of Research and Development. Reference: Comm. 1004 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 646-18. Seconded by Ms. O'Hara. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, mahalo Patti Cook for her donation and ask for your support. CHR. POINDEXTER: Okay. Seeing no other discussion, all those in favor say Ic aye. Page 24 Hawaii County Council-46 August 8,2018 Vote on Res. 646-18: The motion to adopt Res. 646-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 646-18 is adopted. Res. 647-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE The memorandum of agreement with the Department of Research and Development would establish and operate a local project under the AmeriCorps Volunteers in Service to America program focusing on transportation, affordable housing, energy, and economic self-sufficiency, and includes a cost-sharing agreement of$78,478 of Federal investments and $14,666 of County funds. Reference: Comm. 1005 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 647-18. Seconded by Ms. O'Hara. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. We have Mr. Whitmore here to answer any questions, but generally this is a memorandum of agreement with the CNS (Corporation for National and Community Service) to establish a VISTA (AmeriCorps Volunteers in Service to America)program here. If anyone else has questions, Mr. Whitmore would be glad to answer them but I ask for your support. CHR. POINDEXTER: Okay, any other discussion? Seeing or hearing none, all those in favor say "aye." Page 25 Hawaii County Council-46 August 8,2018 Vote on Res. 647-18: The motion to adopt Res. 647-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 647-18 is adopted. Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the Council Rules: 5-day hold for reconsideration. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, it was requested so that we could expedite the MOA (Memorandum of Agreement) agreement. 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 hold for reconsideration was carried by the following voice Council 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. Res. 648-18: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $542 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Polynesian Adventure Tours, LLC, this donation would be used for the Pana`ewa Rainforest Zoo and Gardens. Reference: Comm. 1006 Intr. by: Ms. David (B/R) Waived: FC Page 26 Hawaii County Council-46 August 8,2018 Motion to Approve: Ms. David moved to adopt Res. 648-18. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I just want to say mahalo to Polynesian Adventure Tours and maybe defer to Ms. Lee Loy if she has any comments. No? All right, mahalo. CHR. POINDEXTER: Okay, all those in favor say "aye." Vote on Res. 648-18: The motion to adopt Res. 648-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 648-18 is adopted. Res. 649-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Funds in the amount of$160,000 would be used towards the Solid Waste Division's Electronic Waste Recycling program. Reference: Comm. 1007 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 649-18. Seconded by Ms. O'Hara. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes. I see Director Kucharski is here. If anyone has questions regarding this recycling resolution for the recycling program. They requested a waiver to expedite the receipt of funds. So, I see Ms. O'Hara's light on, Director. So, if you could please come up and I'll yield. Page 27 Hawaii County Council-46 August 8,2018 (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) CHR. POINDEXTER: Okay. Council Member O'Hara. MS. O'HARA: I'm just going to ask Mr. Kucharski to give us a brief overview of what the $160,000 is going to result in, in terms of e-waste. MR. KUCHARSKI: Bill Kucharski, Director of DEM (Department of Environmental Management). Our e-waste program is the collection of old electronic devices to go into recycling. We generally have a recycling contractor pick them up. It's been historically Mr. K's. I think he's the only electronic recycler around. This is the grant from the State that allows us to contract for those services. It's ongoing. I don't have the tonnage of the electronic devices that have been diverted from our landfills. I could get that, but if you've ever lifted an analog television, I can tell you that you'll feel a lot of weight. But this grant is something that allows that program to continue. Without it, we probably would not have the funds to have these specific collections. MS. O'HARA: When you say "specific collections," are we not collecting it on a regular basis year-round? Or how is it being run? MR. KUCHARSKI: Yes, the material can be dropped off at transfer stations but then it has to be processed. This contract allows that to be processed, and it's a continuous set. We also have some special electronic days that go in for the pickups. But essentially this isinternally, we cover the cost of the collection but the processing of the waste is what this is for, as I understand it. MS. O'HARA: So, e-waste can be dropped off at any transfer station? MR. KUCHARSKI: I have to verify that. I know that there are special days that you can drop that off We do the collection and then it's picked up by the processor. MS. O'HARA: Okay. I just—again, it's about public education and awareness of the program so that the people can make use of this. We all have electronic waste and more in today's world. So, it's nice to know that they can be recycled and weighed at our transfer stations. So,just asking fora good public awareness campaign on that as well. MR. KUCHARSKI: Heard and understood. Yes, ma'am. Page 28 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 649-18: The motion to adopt Res. 649-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 649-18 is adopted. Res. 651-18: 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 HAWAII ISLAND PORTUGUESE CHAMBER OF COMMERCE CULTURAL AND EDUCATIONAL CENTER FOR THE 140TH ANNIVERSARY OF THE ARRIVAL OF THE FIRST PORTUGUESE IMMIGRANT FAMILIES TO HAWAII Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 1009 Intr. by: Ms. Poindexter Motion to Approve: Ms. Eoff moved to adopt Res. 651-18. Seconded by Mr. Richards. CHR. POINDEXTER: If there's no questions, I think it's self-explanatory. I just ask for your support. Okay, all those in favor say "aye." Vote on Res. 651-18: The motion to adopt Res. 651-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 29 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: Resolution 651-18 is adopted. Res. 652-18: DIRECTS THE CLERK OF THE COUNTY OF HAWAII TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 18-76, RELATING TO FISCAL IMPACT STATEMENTS, ON THE 2018 GENERAL ELECTION BALLOT Ordinance No. 18-76 proposes an amendment to the Hawaii County Charter that would require that any proposed amendment or revision to the Hawaii County Charter be accompanied by a Fiscal Impact Statement. Reference: Comm. 1011 Intr. by: Ms. Poindexter Motion to Approve: Mr. Richards moved to adopt Res. 652-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member Chung, do you have any ? No? Okay. MS. EOFF: I do. CHR. POINDEXTER: Council Member Eoff MS. EOFF: So, this would go on the 2018 ballot, right? This directs CHR. POINDEXTER: Yes. MS. EOFF: And then if the voters adopt it, it would apply to the measures that will come forward from this current Charter Commission, correct? MR. MAEDA: It would be effective MS. EOFF: Because, their measures would come on the 2020 ballot. MR. MAEDA: Yes, that's correct. This is MS. EOFF: But then this would require them MR. MAEDA: This is separate from what the Charter Commission is doing. MS. EOFF: No, I know, but once this isif this is adopted, then whatever measures come forward from MR. CHUNG: Yeah, let me answer that. Yes, it will. CHR. POINDEXTER: Council Member Chung. Page 30 Hawaii County Council-46 August 8,2018 MS. EOFF: The 2020 Charter Commission, they would make sure that the Finance Department has enough time MR. CHUNG: Yes. MS. EOFF: To prepare this fiscal impact statement. So, I think they just need to add that to their calendar for their scheduling to make sure they give Finance enough time MR. CHUNG: If it's passed. MS. EOFF: Yeah, if it passes. CHR. POINDEXTER: Well, good point. Okay, any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 652-18: The motion to adopt Res. 652-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 652-18 is adopted. Page 31 Hawaii County Council-46 August 8,2018 Res. 653-18: AUTHORIZES THE ADOPTION OF USDA FORM RESOLUTION 1780-27 PROVIDING FOR A UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) LOAN TO FINANCE CERTAIN PUBLIC SEWER SYSTEM IMPROVEMENTS FOR THE LONO KONA SUBDIVISION, NORTH KONA, HAWAII; AUTHORIZES THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT FOR COSTS OF SUCH PUBLIC SEWER SYSTEM IMPROVEMENTS; AND AUTHORIZES THE MAYOR, THE DIRECTOR OF ENVIRONMENTAL MANAGEMENT, THE DIRECTOR OF FINANCE, AND THE CHAIR OF THE COUNTY COUNCIL TO TAKE ALL ACTIONS NECESSARY TO FACILITATE SUCH LOAN AND GRANT Authorizes a loan agreement with the USDA not to exceed $3,699,000 and a grant agreement not to exceed $1,071,000 to fund a portion of the costs of constructing a public sewer system for the Lono Kona Subdivision. Funds are needed due to higher than anticipated project costs. Reference: Comm. 1014 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 653-18. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, I believe we have Director Kucharski here to answer any questions. If not, I defer to Mr. Kanuha. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you. I do urge you, members of the Council, to support this. Just a simple question of when are we going to—is this project going to get started? (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. KUCHARSKI: Bill Kucharski, Director of DEM. Currently, we have the contractor selected. These funds are to cover the increased cost that we got from the last bid that we have. And of thatagain, we're getting money as a grant of about 25 percent of the overrun account. We are waiting for approval from the USDA (United States Department of Agriculture) to contract, and we're—since this is a modification to the original Page 32 Hawaii County Council-46 August 8,2018 grant, an addition, and there's been an administration change for the management, things are not going as quickly as we had hoped with getting all of the paperwork and the documents cleared on this. It's not a hold up from the County. It's a hold up from the USDA. We are ready to start going. The last information I saw, we were asked not to start construction until such time as the loan documents were signed and issued. And we're checking to see whether that means "sign the contract" or "break ground." But we are ready to go whenever USDA drops the flag and says that the race has started. That's the best answer I can give you, sir. MR. KANUHA: I appreciate that explanation. I mean, we've been seeing these resolutions and bills to support this for a really long time. And the community's been kind of harping on me for some action, especially. Just trying to figure out what's going on. So, I appreciate all of your guys' hard work. I know there are some issues with USDA. But hopefully, there's a light at the beginning of the tunnel for this to start soon. So, thank you. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 653-18: The motion to adopt Res. 653-18 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Resolution 653-18 is adopted. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend 5-day hold for reconsideration. Seconded by Mr. Kanuha Council Rules: and 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: The waiver is granted or approved. Page 33 Hawaii County Council-46 August 8,2018 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 154 AMENDS CHAPTER 20, ARTICLE 3, SECTION 20-31, BY ADDING NEW (Draft 2): DEFINITIONS AND SECTION 20-38, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY RENAMING, AMENDING AND ADDING NEW SUBSECTIONS AND SUBPARAGRAPHS Extends the authority of the Department of Environmental Management to take into custody and dispose of abandoned or derelict vehicles from certain private roadways in the interest of public health and safety, in accordance with Chapter 290, Hawaii Revised Statutes, and requires that the department's director develop and implement an educational outreach program on the disposition and reporting of abandoned or derelict vehicles. Reference: Comm. 941.6 Intr. by: Ms. O'Hara Approve: EMC-6 Motion to Approve: Ms. O'Hara moved to pass Bill 154, Draft 2, on first reading and adopt Environmental Management Committee Report No. 6. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member O'Hara. MS. O'HARA: Thank you, Chair. We've debated this bill before, so everybody's pretty familiar with it. We amended it when it came back from the Environmental Management Commission to add a public outreach component and substituted "director"for "abandoned vehicle coordinator"in certain places of the bill. So, those were changes that we already made and approved, and I just ask for your support on this as we need to get this moving as quickly as possible. I would also like to say that while it may be the opinion of our current Corporation Counsel that this bill needed to be codified, it was not the previous Administration's Corporation Counsel's opinion. So, it's not as if we've been operating illegally, but we have since March 1 of this year not been able to remove vehicles. And as Ms. May pointed out, they are piling up. I've been in the upper Puna subdivisions recently and there are abandoned vehicles being left, yes, in the middle of the roadways, impeding people's traffic and emergency vehicles. We've got to get them moving on this ASAP (As Soon As Possible). So, I ask for your support. Thank you. MR. CHUNG: Can I CHR. POINDEXTER: Thank you. Council Member Chung. Page 34 Hawaii County Council-46 August 8,2018 MR. CHUNG: As a question of Mr. Kamelamela, actually? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. CHUNG: But, Bill, since you're here, thank you very much for the hard work on the composting contract. I heard it's almost at the finish line. No, but you, Joe MR. KAMELAMELA: (Inaudible). MR. CHUNG: I know, I know. I thanked you already yesterday. MR. KAMELAMELA: Oh, yeah. Good morning, Chair and members of the County Council. My name is Joseph Kamelamela, Corporation Counsel. MR. CHUNG: I just wanted to make sure that since we're doing things on private property that it's okay from a legal standpoint, and if you can explain why. MR. KAMELAMELA: Yes, it is because the way that we receive the funding, the purpose is to tow vehicles. And the way the statute is written, it doesn't make a distinction of whether it's private or public roads. MR. CHUNG: I mean, not that I'm against it. I'm just trying to see if we can use that rationale in other applications. MR. KAMELAMELA: Sorry. MR. CHUNG: We have to talk. CHR. POINDEXTER: Okay. Any other questions? Council Member Kanuha. MR. KANUHA: Kind of related to this but, Bill, did you kind of want to just give us a little blurb about the abandoned vehicle program and how people are able to bring their abandoned vehicles to your guys' locations? (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. KUCHARSKI: Yes, sir. The abandoned vehicle program probably accounts for, other than transfer stations, recycle bins being full or mixed. We receive more calls on that than any other program that we manage. Our ability to go into private subdivisions and pick up I think is something that we absolutely need to do. As far as the process, we're still dealing with and working with police to try and streamline the whole ticketing and citation process. It's really a burden on Page 35 Hawaii County Council-46 August 8,2018 them. We're trying to get that moved through, and we'll probably be back if we need a code change. I'm not certain we do, but we're going to be checking on that. The process that we have right now is what's called the Amnesty Program. It's a limited program in that it's limited to the registered owner of the vehicle. You can't just bring your neighbor's vehicle in and say, "Would you crush this for me?" You have to show ownership. Given some of the long memories in Hawaii, that's not as farfetched as you might imagine. But we do have that restriction. You do have to show that you have legal title. We're also dealing with Motor Vehicle. There are situations where title has been transferred, but people have not paid any of their registration fees; and saying, "What do we do when they bring that vehicle? How do we manage that?" So, there's nothing that simple, and there's nothing that doesn't have additional problems associated with it. So, that is one of the things that has held up us getting this out sooner. So, we're working on that. That program is out. We're looking at getting these vehicles picked up and brought in. The problem of having vehicles dropped in the middle of the road, this is, in addition to being illegal, it's just irresponsible and it is something that—this poses another issue for us other than the fact that they're vehicles. They create unsafe conditions, and people are just totally ignoring the law and doing the cheapest thing of just dropping them somewhere. We need to get some method of enforcement that would stop that from occurring and having some penalties associated with that illegal disposal of those vehicles. Now, we have money to dispose of them, and right now, it's very difficult because of the high price; we're paying $680. It used to be that they were charging the residents about 200. My understanding is that, that is now up to the 6 or $700 mark. This is a reflection of the scrap market, there being none since China—we're not shipping the scrap to China. It's not their fault. It's just the market. And so, dealing with that, that's making this cost-effective just to dump. And when there's no penalties associated with the dumping, there's even a greater incentive not to do the right thing. That's sort of where we are. I don't know that, that answers your question. I didn't mean to go into MR. KANUHA: Well, thank you. There's a lot of things associated with this that we need to work on. But I'll justI mean, thank you for that explanation. I was just trying to, for the amnesty program, the dates that you guys are doing it and when it's going to end. MR. KUCHARSKI: The dates, we started on the first of August, and I believe it's going to the first of October. There will be people have to make Page 36 Hawaii County Council-46 August 8,2018 reservations, essentially a reservation because the scrap dealers will only process five vehicles a day. So, there needs to be an appointment to bring those in once everything is approved. But if we need to extend past the—we'll accept the people saying they want to dispose by October, but we'll continue until all those vehicles are disposed of properly. We were looking at another to be able to have people bring vehicles in, but we found that, that required a resolution from Council. By the time we got that, we anticipate 154 will be available. So, it didn't make sense for us to burden you with two bills to do the same thing that would happen at the, essentially concluded about the same time. MR. KANUHA: Thank you for explaining that. I'll yield. CHR. POINDEXTER: Thank you. Council Member O'Hara. MS. O'HARA: Just one small question `cause this is what I'm asked most often by constituents is, we're passing the bill for first read. Two weeks from now, we pass the second read. How soon will the department resume taking abandoned vehicles from private roads? MR. KUCHARSKI: The abandoned vehicle personnel are currently taking a look at the number of vehicles that we will have that will have to be removed. Our contractors can only take so many vehicles at a time, and sometimes we have a hard time catching up to just the public roads, never mind the private roads. I can't give you a date when we'll be finished, but we will be starting as soon as we have the legal authority to do so. MS. O'HARA: Thank you for that. That should be the end of this month, hopefully. I understand it will take you a while to catch up because they're piling up there in the subdivisions in Puna. CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: I just have a question, Director, to follow up with Ms. O'Hara's question. So, what is the limit that the vendor can accept from the County as far as abandoned vehicles? Is it monthly? Is it ? MR. KUCHARSKI: That was for the extra vehicles, for the five a day. They have a contractual obligation to take what we bring them, and we can only tow so many. But the extra vehicles, they have limited. I don't know exactly what their full capacity is, but they're going to be running at it. That's the only thing I'm pretty sure of. MS. DAVID: This vendor, is it located only—where are the locations? Page 37 Hawaii County Council-46 August 8,2018 MR. KUCHARSKI: We have two vendors, one on the Kona side and the other here on the Hilo side. Big Island Scrap and then the other is Business Services Hawaii are the two. MS. DAVID: I just had a just wanted to throw this out there. A constituent had called to suggest whether the County would be, instead of paying the huge disposal fee of$600 per car, whether we would entertain an idea of storing all these vehicles on County property somewhere, and basically the County being the disposal, right, until the market MR. KUCHARSKI: Historically, we are now cleaning up the Hilo vehicle disposal area and in Kona. MS. DAVID: We have been, then? Okay. MR. KUCHARSKI: Yes, ma'am. We are in the process of cleaning them up to the tune of several million dollars. MS. DAVID: That's costing lots more money. MR. KUCHARSKI: It would not be my desire or goal to start that again. MS. DAVID: That's a great explanation. I said I'd check. So, thank you very much. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Bill 154: The motion to pass Bill 154, Draft 2, on first reading and Draft 2 adopt Environmental Management Committee Report (Approved) No. 6 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 38 Hawaii County Council-46 August 8,2018 Bill 162: DESIGNATES TAX MAP KEY: 2-1-003:013 AS "HAPPINESS GARDENS" AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Officially names Happiness Gardens and adds it to the Parks and Recreational Facility Schedule. This park located at the mouth of the Wailoa River where it empties into Hilo Bay was conceived and constructed by Mr. Kazuo Nakamura through donations by the local community, and dedicated on May 11, 1979. Reference: Comm. 979 Intr. by: Ms. Lee Loy Approve: PWPRC-48 Motion to Approve: Ms. Lee Loy moved to pass Bill 162 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 48. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I'm just going to share this because at our Committee meeting, Ms. David, Mr. Richards, and Mr. Chung weren't there. This is just another park in Council District 3 that needed to make it into the list, just like we did with all the other parks. Again, my appreciation to Officer Matt Lewis for taking the time to meticulously go through all of the different parks and making sure that they're in the schedule and that the appropriate actions can be taken in that park. So, I continue to ask for everyone's support. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: A quick question. Who's been maintaining it up to this point? Just the community? MS. LEE LOY: Well, the County has, yeah. MR. RICHARDS: Oh, okay. So, yeah, it makes all the sense, then, yeah. Okay. Enough. CHR. POINDEXTER: Okay, all those in favor say "aye." Page 39 Hawaii County Council-46 August 8,2018 Vote on Bill 162: The motion to pass Bill 162 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 48 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. CHR. POINDEXTER: Bill 162 is approved, moves forward to second reading. Bill 163: 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 State Grants —Hawai`i Tourism Authority account ($145,000); and appropriates the same to the Hawaii Tourism Authority account. Funds would be used by the Department of Research and Development to develop and implement its Ho`okaulike Signage project. Reference: Comm. 983 Intr. by: Ms. David (B/R) Approve: FC-125 Motion to Approve: Ms. David moved to pass Bill 163 on first reading and adopt Finance Committee Report No. 125. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this was approved in Committee, and I ask for your continued support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say "aye." Page 40 Hawaii County Council-46 August 8,2018 Vote on Bill 163: The motion to pass Bill 163 on first reading and adopt (Approved) Finance Committee Report No. 125 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. CHR. POINDEXTER: Bill 163 is approved, moved to second reading. Bill 165 AMENDS CHAPTER 19, ARTICLE 10, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX EXEMPTIONS FOR DISABLED OR UNEMPLOYABLE VETERANS Effective July 1, 2019, removes the phrase "totally disabled" from Section 19-73, and replaces with "100 percent disabled or 100 percent unemployable, or both." Further amends Section 19-73 to exempt disabled or unemployable veterans from all real property tax, where "totally disabled"veterans are currently subject to the minimum tax provided for in Section 19-90(e). Reference: Comm. 989.5 Intr. by: Mr. Kanuha Approve: FC-126 Motion to Approve: Mr. Kanuha moved to pass Bill 165, Draft 2, on first reading and adopt Finance Committee Report No. 126. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member Kanuha. MR. KANUHA: Thank you, Madam Chair. We've had ample discussion about this in the Finance Committee. I'm here to answer questions or the Finance Department can answer questions as well, but I ask for your support. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say "aye." Page 41 Hawaii County Council-46 August 8,2018 Vote on Bill 165: The motion to pass Bill 165, Draft 2, on first reading and Draft 2 adopt Finance Committee Report No. 126 was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. CHR. POINDEXTER: Bill 165, Draft 2, is approved and moves to second reading. Bill 171: 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 State Grants —Electronic Waste Recycling account ($160,000); and appropriates the same to the Electronic Waste Recycling account. Funds would be used towards the Department of Environmental Management, Solid Waste Division's Electronic Waste Recycling program. Reference: Comm. 1007 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 171 on first reading. Seconded by Ms. Lee Loy. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is a companion to Resolution 649 that we already adopted. You want to say something, Director? Please. Thank you. (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. KUCHARSKI: Bill Kucharski, Director of DEM. I just wanted to clarify when the electronic pickups are: The first Saturday of every month at the Waiohinu transfer station; the second Saturday of every month at the Waimea transfer station; the third at the Kealakehe transfer station, and the fourth Saturday in Hilo. That question was asked; I was unable to answer until now. Thank you. CHR. POINDEXTER: Okay, thank you. Okay, any other discussion? Seeing or hearing none, all those in favor say "aye." Page 42 Hawaii County Council-46 August 8,2018 Vote on Bill 171: The motion to pass Bill 171 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. CHR. POINDEXTER: Bill 171 is approved and moves to second reading. Bill 172: 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 State Grants —2018 Lava Disaster Relief—State account ($12 million); and appropriates the same to the 2018 Lava Disaster Relief—State account. Funds would be used to provide immediate relief necessary to protect the health, safety, and welfare of residents in the Lower Puna area. Reference: Comm. 1013 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 172 on first reading. Seconded by Mr. Richards. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and I believe Director Sako is here. If she could come up and give us a brief explanation of the purpose of this bill. Thank you. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Hi, Deanna Sako, Director of Finance. The purpose of the bill is Deanna forgot to appropriate the $12 million generously given to us by the State so that we can spend it. So, we just need an official appropriation. We actually have been spending money on the disaster from other accounts, and we'll shift it here after the appropriation's approved. CHR. POINDEXTER: Council Member Richards. MR. RICHARDS: Thanks, Deanna, for being here. What can we use it for? Page 43 Hawaii County Council-46 August 8,2018 MS. SAKO: It's pretty open. They said for any disaster relating to the people, whether it's shelters or whatnot. But when I talk to their finance director of the State, they're very open to this being used for anything. So, right now, the over time, the guards, the security at the shelters. I mean, we're pretty much all of our expenses we're kind of applying to this. At the same time, we're also applying to FEMA (Federal Emergency Management Agency) for reimbursement. But as we find out with every disaster, the FEMA rules change from time to time. So, we're still not sure what we'll actually get reimbursed for. But either way, we will have a 25 percent match, and the intent is to use this for the 25 percent match. Of course, there's going to be other costs going on. One of the undecisive things right now is if the lava's really stopped or if it's just pausing. So, time will tell with that. Obviously, if we have to continue to do road blocks or public safety or put out fires or whatever it is, we'll continue to charge this. If we're ready to move into the recovery phase and start doing more housing or temporary shelters, I believe this could be utilized for that as well. It's pretty open. MR. RICHARDS: Pretty open. And then as far as, what about financial support? We heard some pretty compelling testimony yesterday from people in Puna, in Pahoa, as far as their businesses. Could this possibly be used for some of that? MS. SAKO: I can go back to look at that. Again, we have a problem with public funds being used for private use. So, we would have to look at a mechanism to do that. I'm not opposed to checking into that, but I just don't want to make false promises either. MR. RICHARDS: No, and I appreciate that. The reason I posed the question is because I think this is where government is supposed to help. And keeping something going to get across a bad issue is one thing, and trying to rekindle business is really tough. So, if you could look into that so we would know. MS. SAKO: We will. MR. RICHARDS: I appreciate that. I yield. CHR. POINDEXTER: Council Member Chung. MR. CHUNG: So, Deanna, this was a grant? MS. SAKO: This was the Governor's Office was able to find $12 million to help us. MR. CHUNG: Executive. MS. SAKO: The executive Page 44 Hawaii County Council-46 August 8,2018 MR. CHUNG: So, do we need a resolution, though, accepting the money? MS. SAKO: No. Based on the disaster proclamations, it was determined that we don't. MR. CHUNG: Okay. MS. SAKO: Yeah, we did check into that. MR. CHUNG: All right, perfect. CHR. POINDEXTER: Thank you. Council Member Kanuha. MR. KANUHA: Thank you. Deanna, what's the approximate amount of money the County has spent so far on this disaster? MS. SAKO: On July 31"when I ran the reports,we were at roughly $5.1 million. That is as accurate as our departments are when entering the data. So, as long as they're using our project accounting code, that's correct. We're still in the process of preparing all the FEMA paperwork. After that, we'll have a more accurate number. But that should be fairly effective. That is payroll up through mid-July. I mean, we paid it out July 31st, but it would be for time worked through mid-July. So, there'll still be more. MR. KANUHA: How does the State or the Governor decide that 12 million is the number to give? MS. SAKO: That's what they had available. Sometimes, it's not a formula. MR. KANUHA: Got you. Thank you. CHR. POINDEXTER: Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Deanna, I heard six and some change that we've spent already up until this point. If we were to assume that the event is done and winding down, what happens to the balance of the money, assuming ? MS. SAKO: That's why I kind of think we would work with the State, but I'm pretty sure it would goI mean, we still have people in the shelter that we need to transition out. We still have recovery efforts thatI'm sorry, guys, but I got really confused on where you left off with some of these Committee meetings yesterday. I know everybody had a long day, but I think you haven't really had the discussion yet on that plan. So, I believe that's coming up later. Page 45 Hawaii County Council-46 August 8,2018 There are many needs to relocate or to determine a future development or community for all those people of Puna. Even if the lava is done erupting, those homes are covered, those lots are covered, those roads are covered, a huge area. So, we're still going to have to continue with the recovery effort, and so the funding would continue to go towards that. MS. LEE LOY: Yeah, absolutely. And we heard a lot of testimony too about the conditions of the gym and the pool. And so, what I heard you say, correct me if I'm wrong, is that these funds are flexible enough that we could put it back into some of our County assets that have been kind of carrying or overcarrying the capacity that it was built for. MS. SAKO: Yes. In addition, I do not have the exact terminology in front of me but FEMA will also cover things that are above normal wear and tear. And because that was a very new facility, we have pictures of how it existed prior to being used as an evacuation shelter. Clearly, it's not in the same condition now. So, I believe that's also an allowable ask of FEMA. I can't, again, guaranty how much they'll give us, but we're definitely asking. We're trying to stretch our dollars as far as possible by getting Federal, State, and any other possible funding. There's been many private donations, including sister cities I believe. So, we're thankful for everyone's support in this disaster. MS. LEE LOY: Yeah, and that's really exciting to hear that these funds are so flexible that we can get our County assets back in shape and then use it for overtime or other incidentals. MS. SAKO: Yeah, `cause evenI knew about the gym floor but I guess I wasn't thinking about the fields and things like that. So, I think it's going to take more probably than we realize. So, it's good to have all these funds available. MS. LEE LOY: Thank you. I yield. CHR. POINDEXTER: Thank you. Council Member O'Hara. MS. O'HARA: Thank you, Deanna, for being here. Yeah, I was wondering when we were going to see the 12 million in our budget. MS. SAKO: Yeah, sorry. With the disaster, we just got a little busy. MS. O'HARA: Yeah, understood, absolutely. And being busy, FEMA's busy as well. And it seems as though it takes them a long time to reimburse. And Ms. Lee Loy just mentioned the gym floor. I took a tour of the facility on Monday and, yes, the fields need to be redone as well as the gym floor. We're looking at sizable expenditures. And as I was told by Glenn Kokubun, who's our Page 46 Hawaii County Council-46 August 8,2018 District Park Supervisor, his understanding is FEMA will pay maybe up to a hundred percent for damages to facilities. But again, I think you told us that we're still waiting for FEMA reimbursement from 2014. MS. SAKO: Yeah. And that's a big part of having the State money available. It's just a cashflow. MS. O'HARA: Exactly. MS. SAKO: I mean, there's still one of the disasters in 2006 that hasn't been closed out yet. So, it's a very long and time consuming process. The good news is because the State has so many people here helping with the lava disaster, they're able to utilize some of those to start closing out the 2014 grants. So, we're hopeful to see additional funding from that as well in, hopefully, the near future but no guarantees. MS. O'HARA: Thank you. And the point I wanted to make was we need this for our cashflow purposes. We have a lot of big projects that we'll be undertaking when and if the event is deemed over, but as I understand that we have to wait about six months for the geologist to claim it's actually over once it stops. So, we definitely could use this money and more and considerably more. So, I appreciate you putting forth Bill 172. Thank you. CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Bill 172: The motion to pass Bill 172 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 172 is approved, moves to second reading. Page 47 Hawaii County Council-46 August 8,2018 Bill 173: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,699,000 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTING A PUBLIC SEWER SYSTEM SERVING THE LONO KONA SUBDIVISION; FIXES THE FORM, DENOMINATION, AND CERTAIN DETAILS OF SUCH BONDS; PROVIDES FOR THE ISSUANCE AND SALE OF SUCH BONDS; AND PROVIDES FOR OTHER MATTERS OR ACTIONS PERTAINING TO THE ISSUANCE AND SALE OF THE BONDS The sale of$3,699,000 of general obligation bonds to the United States Department of Agriculture (USDA) would allow the County to secure payment of a loan in the same amount from the USDA. Funds are needed due to higher than anticipated project costs. Reference: Comm. 1015 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 173 on first reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: I think this is pretty self-explanatory. If we have questions, Director is available. But I ask for your support. CHR. POINDEXTER: Any other questions? Council Member Kanuha. MR. KANUHA: No, again thank you, Council, for always considering approving these special bonds and really appreciate everybody's patience, and let's get this moving forward. Thank you. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Bill 173: The motion to pass Bill 173 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 48 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: Bill 173 is approved, moves to second reading with nine ayes. Council Member David. MS. DAVID: I'm sorry? CHR. POINDEXTER: Oh. Are we ? Oh, no, this is not a holdover. MS. DAVID: No. CHR. POINDEXTER: Okay. Sorry about that. I thought it was a—okay. Bill 174: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018, TO JUNE 30, 2019 Increases the Environmental Management Lono Kona Improvement District– County project by $3,699,000, for a total appropriation of$4,839,000. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund–Fund Balance and/or Other Sources. The increase reflects an anticipated USDA loan to cover portions of the cost of constructing a public sewer system serving the Lono Kona Subdivision. Funds are needed due to higher than anticipated costs. Reference: Comm. 1016 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 174 on first reading. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, this is companion to Resolution 653 that we already approved, and I defer to Mr. Kanuha. CHR. POINDEXTER: Okay. Council Member Kanuha. MR. KANUHA: Thank you. Just again ask for your support. I did want to also mention to the Council that the Public Works Department completed the Alahou Street connection between Lono Kona and Henry Street. It was a big part of public safety for that subdivision. Also, it was kind of in conjunction with this project as well so when they start construction, the community will have another Page 49 Hawaii County Council-46 August 8,2018 way to get out of their subdivision when a lot of this construction is taking place. So, again, I just wanted to mention mahalo Public Works for doing that project and really supporting this community. CHR. POINDEXTER: Okay, any other discussion? Council Member Richards. MR. RICHARDS: Is that the one that connects to Henry Street? Is that the one right there? MR. KANUHA: Yeah. MR. RICHARDS: Oh, terrific. Good deal. CHR. POINDEXTER: Okay, thank you. All those in favor, say "aye." Vote on Bill 174: The motion to pass Bill 174 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 174 is approved and moves to second reading. Bill 175: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018, TO JUNE 30, 2019 Adds the Environmental Management Lono Kona Improvement District—Federal project for $1,071,000 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable. These funds reflect an anticipated USDA grant to cover higher than anticipated costs of constructing a public sewer system for the Lono Kona Subdivision. Reference: Comm. 1016 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 175 on first reading. Seconded by Ms. O'Hara. Page 50 Hawaii County Council-46 August 8,2018 CHR. POINDEXTER: Council Member David. MS. DAVID: Yes, and this is a companion to the resolution we approved, 653. I ask for your continued support or defer to Mr. Kanuha if he'd like to say anything more. He's done? All right, I yield. CHR. POINDEXTER: Okay, seeing no other lights on, all those in favor say Ic aye. Vote on Bill 175: The motion to pass Bill 175 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. CHR. POINDEXTER: Bill 175 is approved and goes to second reading. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: An item in this category was taken up previously, out of order.) 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) First Reading: July 25, 2018 Page 51 Hawaii County Council-46 August 8,2018 Motion to Approve: Ms. David moved to pass Bill 164 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 164: The motion to pass Bill 164 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 164 is approved, oh, adopted. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend 5-day hold for reconsideration. Seconded by Mr. Kanuha Council Rules: and 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: That waiver's approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-65 NOMINATION OF MICHAEL VITOUSEK TO THE LEEWARD PLANNING (Comm. 987): COMMISSION Requires Council Confirmation by: August 19, 2018 (Section 13-4(1), Hawaii County Charter) Page 52 Hawaii County Council-46 August 8,2018 Motion to Approve: Ms. Eoff moved to adopt Planning Committee Report No. 65. Seconded by Mr. Kanuha. CHR. POINDEXTER: Do you have anything to say, Council Member Eoff? MS. EOFF: No. CHR. POINDEXTER: Okay. All those in favor of the nomination, please say Ic aye. Vote on PC-65: The motion to adopt Planning Committee Report No. 65 (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: This nomination is approved. Mr. Clerk, I think, oh, we have one more. PC-66 NOMINATION OF FAITH YATES TO THE LEEWARD PLANNING (Comm. 988): COMMISSION Requires Council Confirmation by: August 19, 2018 (Section 134(1), Hawaii County Charter) Motion to Approve: Mr. Richards moved to adopt Planning Committee Report No. 66. Seconded by Mr. Kanuha. CHR. POINDEXTER: Council Member Richards, you want to ? MR. RICHARDS: Yeah,just a quick note. Faith Yates is another one. I tell you what. District 9, we've got people with fire and energy, and she's another one. She leads the kupuna group in Kohala, and I tell you I am held accountable by that group. So, I ask for your support. CHR. POINDEXTER: Any other discussion? Seeing or hearing none, all those in favor say "aye." Page 53 Hawaii County Council-46 August 8,2018 Vote on PC-66: The motion to adopt Planning Committee Report No. 66 (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: Okay, so, the nomination of Faith Yates is approved. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 11:54 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 54 Hawai`i County Council-46 August 8, 2018 CHR. POINDEXTER: This meeting is adjourned. Council Approval: SEP ® 5 2018 A46., COUNT CLERK SM/dg Page 55