HomeMy WebLinkAboutMIN COUNCIL 2018-09-19 2016-2018 Hawaii County Council
491h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
September 19, 2018
INVOCATION: Pastor Barney Munnalall of Lifewater Church gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:10 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff,
Acting Chair.
ROLL CALL:
Present: Ms. Valerie T. Poindexter, Chair
Ms. Karen Eoff, Vice Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile Medeiros David, Member
Mr. Dru Mamo Kanuha, Member
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Ms. Eileen O'Hara, Member (via videoconference from Hilo)
Absent & Excused: Mr. Herbert M. "Tim" Richards, III, Member
Ms. Jennifer Ruggles, Member
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: allegiance.
(At this time, Ms. Poindexter led the Council in the Pledge
of Allegiance.)
PETITIONS, The Acting chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES OF
MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Acting Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS:
Hawaii County Council-49 September 19,2018
The following individuals registered to speak and came forward when called by
the Chair:
Jessanie Marques: Res. 672-18 (Comm. 1048), comment.
(representing Ka`u Rural
Health Community
Association)
Colonel Deb Lewis: Res. 673-18 (Comm. 1049); and
(representing Hawaii Res. 674-18 (Comm. 1050), in support.
Veteran's Day Parade)
Colonel Deb Lewis: Res. 675-18 (Comm. 1051);
(representing Hawaii Island Res. 676-18 (Comm. 1052); and
Women's Leadership Forum) Res. 677-18 (Comm. 1053), in support.
Dwight J. Vicente: Res. 665-18 (Comm. 1038);
Res. 669-18 (Comm. 1045);
Res. 673-18 (Comm. 1049);
Res. 681-18 (Comm. 1062);
Bill 160, Draft 2 (Comm. 959.3); and
Bill 182 (Comm. 1034), comment.
Jose Jazmin: Bill 187 (Comm. 1061), in support.
Rene Siracusa: Bill 182 (Comm. 1034), in support.
(representing Hawaii
County 2011 Redistricting
Commission)
Christine Hijirida: Res. 674-18 (Comm. 1050);
(representing Hawaii Island Res. 675-18 (Comm. 1051); and
Women's Summit) Res. 676-18 (Comm. 1052), in support.
Deanna J. K. Kackley: Res. 674-18 (Comm. 1050);
(representing Hawaii Island Res. 675-18 (Comm. 1051); and
Women's Leadership Forum) Res. 676-18 (Comm. 1052), in support.
Abolghassem Abraham Sadegh: Res. 665-18 (Comm. 1038);
Res. 668-18 (Comm. 1044);
Res. 669-18 (Comm. 1045);
Res. 670-18 (Comm. 1046);
Res. 671-18 (Comm. 1047);
Bill 160, Draft 2, (Comm. 959.3); and
Bill 184 (Comm. 1038), comment.
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Hawaii County Council-49 September 19,2018
Farrah-Marie Gomes: Res. 674-18 (Comm. 1050);
(representing Hawaii Island Res. 675-18 (Comm. 1051); and
Women's Leadership Forum) Res. 676-18 (Comm. 1052), in support.
Robert Yamada: Bill 160, Draft 2, (Comm. 959.3), comment.
Kale Gumapac: Bill 160, Draft 2, (Comm. 959.3), comment.
(representing Aha Kanaka
Moku O Keawe)
Recess: At 10:08 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 10:24 a.m.
ACTING CHR. EOFF: Okay, Council Members, are we ready in Hilo?
MS. LEE LOY: Yes, Chair.
ACTING CHR. EOFF: Alright, I'll call the meeting out of recess and we'll go
back to business today. I've been requested to take Bill 182 out of order, and I
will do that if there are no objections. I'll just do the Minutes first and then we'll
go into Bill 182. May I have a motion to approve the minutes of September 7,
2016?
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval of Ms. David moved to approve the Minutes of
Minutes: September 7, 2018. Seconded by Ms. Poindexter and
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
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Hawaii County Council-49 September 19,2018
Vote on Approval of Ms. Poindexter moved to approve the Minutes of
Minutes: August 22, 2018. Seconded by Ms. David and
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff–7.
Noes: None.
Absent: Council Members Richards and Ruggles –2.
Excused: None.
ACTING CHR. EOFF: Mr. Clerk, could you please read Bill 182?
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order.
Bill 182: AMENDS CHAPTER 36, ARTICLE 1, ARTICLE 4, AND ARTICLE 5, OF
THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO MAXIMUM COUNCIL DISTRICT DEVIATION IN ANY
REDISTRICTING PLAN
Amends Section 36-6 and Section 36-8 by increasing the maximum council
district deviation from 4.99 percent to 5.99 percent for any proposed Council
District, and repeals Section 36-9, Alternate Plan Requirements.
Reference: Comm. 1034
Intr. by: Ms. O'Hara
Approve: GREDC-9
Motion to Approve: Ms. O'Hara moved to pass Bill 182 on first reading and
adopt Governmental Relations and Economic Development
Committee Report No. 9. Seconded by Mr. Kanuha.
MR. KANUHA: Ms. O'Hara, you have the floor.
MS. O'HARA: Okay, I don't know if there are any additional questions from the
Council. We hashed this through pretty well in committee. I think everybody
understands why this deviation has to be changed, but if there are any remaining
questions, Ms. Siracusa is standing by in the Pahoa office to answer any questions
that the Council might have. I just ask for your support. Thank you.
ACTING CHR. EOFF: Thank you. Council Members, any questions? Okay,
hearing none, I don't have a question, but I do have a comment. I understand the
reason why this may help. The thing that I just wanted to comment on is that it
still requires—the law still requires that the overall plan does not deviate any
more than 10 percent overall. So, if any one district does end up going plus or
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Hawaii County Council-49 September 19,2018
minus all the way up to 5.99, it would mean that a district somewhere else would
have to be very tight and be as low as, I think it's 3.99. So, it's just something to
keep in mind that we hope this will help in some cases, but it's still, the overall
plan will need to stay within the 10 percent deviation. All those in favor please
say "aye."
Vote on Bill 182: The motion to pass Bill 182 on first reading and adopt
(Approved) Governmental Relations and Economic Development
Committee Report No. 9 was carried by the following
voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Okay, there's also people waiting, I'm told, for Bills 178
and 179. So, let's go to 178.
Bill 178: AMENDS ORDINANCE NO. 07-166, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—ONE ACRE (A-la) TO MULTIPLE FAMILY
RESIDENTIAL—5,500 SQUARE FEET (RM-5.5) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:015
(Applicant: Michelle A. Mitchell (formerly Malulani, Inc.)
(Area: approximately 1.278 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to request an additional five-year time extension to complete
construction of a medical clinic on the property. The property is located on
Ponahawai Street, approximately 650 feet east of its intersection with
Komohana Street.
Reference: Comm. 1025
Intr. by: Ms. Eoff(B/R)
First Reading: September 5, 2018
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Hawaii County Council-49 September 19,2018
Vote on Bill 178: Ms. David moved to pass Bill 178 on second and final
(Adopted) reading. Seconded by Mr. Kanuha and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Bill 179.
Bill 179: AMENDS ORDINANCE NO. 08-20, WHICH RECLASSIFIED LANDS FROM
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEYS: 2-2-036:025 AND 026
(Applicant: Dien-Jung Lin (formerly Dien-Jung Nekoba)
(Area: 39,771 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to request a time extension for completion of construction
and payment of the water commitment fee. The properties are located on
Kekuanao`a Street and Hinano Street.
Reference: Comm. 1026
Intr. by: Ms. Eoff(B/R)
First Reading: September 5, 2018
Vote on Bill 179: Ms. Lee Loy moved to pass Bill 179 on second and final
(Adopted) reading. Seconded by Ms. Poindexter and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: I'm going to take Bill 185, but while we're over here,
Mr. Clerk, and Mr. Kern is waiting, can you just read in Bill 177?
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Hawaii County Council-49 September 19,2018
Bill 177: AMENDS SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES
(A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PAPA`ALOA,
NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:023
(Applicant: Charles and Kitura Andrus) (Area: approximately 11.06 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to apply for subdivision of
the property into two lots. The applicants currently reside in a home on one lot
and plan to convey the other lot to their children. The property is located on
Kihalani Homestead Road.
Reference: Comm. 1024
Intr. by: Ms. Eoff(B/R)
First Reading: September 5, 2018
Vote on Bill 177: Ms. Poindexter moved to pass Bill 177 on second and final
(Adopted) reading. Seconded by Mr. Kanuha and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Please read Bill 185.
Bill 185: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Increases revenues in the State Grants —Glass Recycling Program account
($5,854); and appropriates the same to the Glass Recycling Program—State
account, for a total appropriation of$117,730. Funds would be used by the
Department of Environmental Management to offset a portion of the cost of glass
collection and reuse.
Reference: Comm. 1040
Intr. by: Ms. David (B/R)
Approve: FC-138
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Hawaii County Council-49 September 19,2018
Vote on Bill 185: Ms. David moved to pass Bill 185 on reading and adopt
(Approved) Finance Committee Report No. 138. Seconded by
Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: I guess we'll just start at the top.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 665-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS PURSUANT TO HAWAII REVISED
STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY
POLICE DEPARTMENT
Funds in the amount of$113,387 would be used to purchase a driving simulator
for the Police Department's Emergency Vehicle Operator Course as well as
remedial training of employees involved in traffic collisions.
Reference: Comm. 1038
Intr. by: Ms. David (B/R)
Approve: FC-136
Vote on Res. 665-18: Ms. David moved to adopt Res. 665-18 and Finance
(Adopted) Committee Report No. 136. Seconded by Ms. Poindexter
and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 667.
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Hawaii County Council-49 September 19,2018
Res. 667-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
FRIENDS OF HOKULE`A AND HAWAIILOA FOR HOKULE`A'S RETURN
OF NA POHAKU TO PU'UKOHOLA HEIAU AT KAWAIHAE
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1043
Intr. by: Mr. Richards
Motion to Approve: Ms. Poindexter moved to adopt Res. 667-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Mr. Richards isn't here, but, does anyone else have any
comments? I have a similar resolution on the next one, so, I can speak to it when
we get there. Okay, all in favor please say "aye."
Vote on Res. 667-18: The motion to adopt Res. 667-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 668.
Res. 668-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
FRIENDS OF HOKULE`A AND HAWAIILOA FOR THE HOKULE`A'S
CEREMONIAL RETURN OF NA POHAKU TO PU'UKOHOLA HEIAU IN
WEST HAWAII
Transfers $1,000 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. 1044
Intr. by: Ms. Eoff
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Hawaii County Council-49 September 19,2018
Motion to Approve: Ms. Poindexter moved to adopt Res. 668-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Thank you very much. This program was after the
Hokule`a and Hikianalia traveled around the world. They brought back Pohaku
and this is a ceremony, and I ask for your support. I was very happy to be able to
help support and facilitate something that's culturally significant and an
educational event for the island, so, mahalo. All in favor please say "aye."
Vote on Res. 668-18: The motion to adopt Res. 668-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 669-18.
Res. 669-18: 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 WEST
HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION
ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE FOR THE
SCATTERING GARDEN AT THE WEST HAWAII VETERANS
CEMETERY-PU'U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA
Transfers $3,000 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. 1045
Intr. by: Ms. Eoff
Motion to Approve: Ms. Poindexter moved to adopt Res. 669-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Just a little bit of background. I did help fund the
scattering garden at the West Hawai'i Veterans Cemetery many years back. This
is to further enhance the area by being able to purchase name plates to identify
and honor those people who wish to scatter ashes for their loved ones in that
garden. So, I ask for your support. All in favor please say "aye."
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Hawaii County Council-49 September 19,2018
Vote on Res. 669-18: The motion to adopt Res. 669-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 670.
Res. 670-18: 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 WEST
HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION
ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE FOR THE
SCATTERING GARDEN AT THE WEST HAWAII VETERANS
CEMETERY-PU'U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1046
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 670-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Do have any further comments?
MR. KANUHA: No,just ask for your support. I'm always happy to help out the
West Hawai'i Veterans Cemetery and those who take care of this amazing place.
ACTING CHR. EOFF: Okay, thank you. All in favor please say "aye."
Vote on Res. 670-18: The motion to adopt Res. 670-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
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Hawaii County Council-49 September 19,2018
ACTING CHR. EOFF: Resolution 671.
Res. 671-18: 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
WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND
EXPANSION ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE
FOR THE SCATTERING GARDEN AT THE WEST HAWAII VETERANS
CEMETERY-PU'U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA
Transfers $2,000 from the Clerk-Council Services –Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 1047
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 671-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any further comment?
MS. DAVID: Yes, I just would like to ask for my colleagues' support and also
mention to—thank Dale Ross for always reaching out to us and keeping us
informed on the needs of this valuable cemetery. So, mahalo, Ms. Ross.
ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in
favor please say "aye."
Vote on Res. 671-18: The motion to adopt Res. 671-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff–7.
Noes: None.
Absent: Council Members Richards and Ruggles –2.
Excused: None.
ACTING CHR. EOFF: Resolution 672.
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Hawaii County Council-49 September 19,2018
Res. 672-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA`U
RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE
8TH ANNUAL FLOATING LANTERN CELEBRATION
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1048
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 672-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any comment?
MS. DAVID: Just ask for your support on this worthwhile contingency request.
Thank you.
ACTING CHR. EOFF: Thank you. All in favor please say "aye."
Vote on Res. 672-18: The motion to adopt Res. 672-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 673.
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Hawaii County Council-49 September 19,2018
Res. 673-18: 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
BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT
COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2018 HAWAII
ISLAND VETERANS DAY PARADE
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1049
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 673-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Just ask for your support. Mahalo.
ACTING CHR. EOFF: Okay, all in favor please say "aye."
Vote on Res. 673-18: The motion to adopt Res. 673-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Next is Resolution 674.
Res. 674-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE FOR THE 2018 HAWAII ISLAND WOMEN'S LEADERSHIP
SUMMIT
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1050
Intr. by: Ms. David
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Hawaii County Council-49 September 19,2018
Motion to Approve: Ms. David moved to adopt Res. 674-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Comment?
MS. DAVID: I just ask for your support. Thank you.
ACTING CHR. EOFF: Okay, all in favor please say "aye."
Vote on Res. 674-18: The motion to adopt Res. 674-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Next is Resolution 675-18.
Res. 675-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE
2018 HAWAII ISLAND WOMEN'S LEADERSHIP SUMMIT
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1051
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 675-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Would you like to comment?
MS. LEE LOY: No,just asking for everyone's support. Thank you.
ACTING CHR. EOFF: Okay, thank you. All in favor please say "aye."
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Hawaii County Council-49 September 19,2018
Vote on Res. 675-18: The motion to adopt Res. 675-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Next is Resolution 676.
Res. 676-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE FOR THE 2018 HAWAII ISLAND WOMEN'S LEADERSHIP
SUMMIT
Transfers $300 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1052
Intr. by: Mr. Chung
Vote on Res. 676-18: Mr. Chung moved to adopt Res. 676-18. Seconded by
(Adopted) Mr. Kanuha and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 677.
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Hawaii County Council-49 September 19,2018
Res. 677-18: 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
BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT
COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2018 HAWAII
ISLAND VETERANS DAY PARADE
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1053
Intr. by: Mr. Chung
Vote on Res. 677-18: Mr. Chung moved to adopt Res. 677-18. Seconded by
(Adopted) Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 678.
Res. 678-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS
AND RECREATION, RECREATION DIVISION, FOR RECREATIONAL
ACTIVITIES, SPECIAL EVENTS, AND MISCELLANEOUS SUPPLIES AND
EXPENSES IN DISTRICT 1
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Recreation Division Other Current Expenses account.
Reference: Comm. 1054
Intr. by: Ms. Poindexter
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Hawaii County Council-49 September 19,2018
Vote on Res. 678-18: Ms. Poindexter moved to adopt Res. 678-18. Seconded by
(Adopted) Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 681 is next.
Res. 681-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY
(USGS)
Provides $45,472 from the Department of Public Works to the USGS to continue
the cooperative flood-monitoring program on Hawaii Island.
Reference: Comm. 1062
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 681-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any comments? Hearing noneI'm sorry
MR. CHUNG: Is there anyone from Public Works there?
MS. DAVID: I believe Mr. Thompson, Keone Thompson is in Hilo.
MR. CHUNG: Yeah. Keone, good morning.
(Note: At this time, Public Works' Civil Engineer Keoni Thompson came
forward to address the members of the Council.)
MR. THOMPSON: Good morning, Keone Thompson from Department of Public
Works, Engineering Division.
MR. CHUNG: I know this is an annual thing, but it's taken on a lot more
significance, given what happened a few weeks ago and what we anticipate will
actually be happening more often, given what's happening with our environment.
Can you tell us what's going to happen? What is this all about? Explain a little
bit more.
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Hawaii County Council-49 September 19,2018
MR. THOMPSON: Okay, so this—we're in partnership with USGS (United
States Geological Survey) to—this isso, for gauges, to record the peak steam
flow in the streams and we use this data to help design culverts and bridges in
those areas.
MR. CHUNG: Is it going to take into consideration what occurred during our
latest tropical storm?
MR. THOMPSON: Definitely. Yes.
MR. CHUNG: When are you guys going to get the results of all of this?
MR. THOMPSON: The ones that we participate in it's just peak flow for the
year, so, USGS compiles the data and they make publications and release it to the
public. So, usually for the year or so. It's not real time like the other ones, but
this one's just gathering data and stuff throughout the year.
MR. CHUNG: But, it also—the request also said planning and designing of flood
management systems such as bridges, culverts and levees, so, we can anticipate
that will all be included in there, too, not just studies and data, right?
MR. THOMPSON: Definitely. We use the data for all the flood plain designs.
MR. CHUNG: Of course, we're all in favor of this, we just, since it was waived
from committee, we wanted to at least get a little bit more information. Thank
you, Keone.
MR. THOMPSON: Okay, thank you.
ACTING CHR. EOFF: Any other comments? Ms. Lee Loy.
MS. LEE LOY: Thank you, Keone, for being here, and Allen, our Chief Engineer
just also walked in. Mr. Chung, thank you for raising this issue because we did
see a lot of water coming from mauka to makai. I understand the data collection,
so, are we going to be retooling our flood maps like our rezones? We saw areas,
too, that were actually flooded or saw enormous amounts of water that were kind
of mapped in x zones. So, are we going to be redoing all of those maps with this
new data, or is this just an assessment for the bridges, culverts, and levees?
(Note: At this time, Department of Public Works Director Allen Simeon
came forward to address the members of the Council.)
MR. SIMEON: Allen Simeon, Director of Public Works. Thank you for the
question and this opportunity to come and see you. As far as remapping the flood
zones, I think that is a conversation that we need to have with FEMA (Federal
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Hawaii County Council-49 September 19,2018
Emergency Management Agency) or DLNR (Department of Land and Natural
Resources). Our flood person, Bryce Harada, is in touch with them and recently
just came from a class on the mainland. Part of the requirements is basically for
the areas that the buildings were substantially damaged, there are some
requirements. But again, as far as remapping, that's a conversation that we need
to have with FEMA or DLNR, our partners.
MS. LEE LOY: Thank you, gentlemen. I yield.
ACTING CHR. EOFF: Thank you. Mr. Kanuha.
MR. KANUHA: Thank you and great questions. I know Hawai'i County is
going to be contributing $45,000 of this, but how much is the overall cost that
USGS is going to contribute? Is it like they're going to contribute $45,000 as
well? I know they're going to be doing the collection of this data, but, how much
are they spending?
MR. THOMPSON: So, for the eight that we are contributing to, the eight gauges,
we pay 75 percent of the cost.
MR. KANUHA: We pay 75 percent of the cost?
MR. THOMPSON: Yes, for these eight. They have a partnership with the State
DOT (Department of Transportation) for other gauges and they also have some
other gauges that they manage on their own totally too. So right now, this is only
for eight that weI have a list of the ones that we are participating in right here,
and I can leave it for you guys.
MR. KANUHA: Okay, thank you. I appreciate that.
ACTING CHR. EOFF: Okay, any other questions from the Council? Seeing
none, all in favor please say "aye."
Vote on Res. 681-18: The motion to adopt Res. 681-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Resolution 682 is next.
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Hawaii County Council-49 September 19,2018
Res. 682-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
AGRICULTURE
Funds in the amount of$10,000 would be used by the Department of Research
and Development to support a needs-assessment of the Waimea agricultural sector
to be used in the development of a master plan of the Kamuela Vacuum
Cooperative.
Reference: Comm. 1063
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 682-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: I have a note that Diane Ley is in Hilo.
MS. DAVID: Yes, and this wasa waiver was requested out of committee, so,
Ms. Ley is in our Hilo Chambers to answer any questions. Or Ms. Ley, could you
please explain—give us a brief explanation of this agreement and the need for
expediting?
(Note: At this time, Research and Development Director Diane Ley came
forward to address the members of the Council.)
MS. LEY: Sure. Good morning, my name is Diane Ley, I'm the Director for the
County Department of Research and Development. The State Department of
Agriculture Chair approached the Research and Development because they know
we work in partnership with the agricultural community, and asked if we would
be able to receive funds to provide for additional work on an ongoing master plan
that is going on for the Kamuela Vacuum Cooling Plant. Or I should say the
Kamuela Vacuum Cooling Plant Cooperative? That's a hui of farmers in the
Kamuela area, primarily vegetable, that work together to bring their product in
and cool it before it gets shipped out to grocery stores on island as well as
statewide. So, a critical piece of infrastructure.
Some of the transitions that are going on within the agricultural sector include
federal laws that are coming down, such as the Food Safety Modernization Act.
So, the producers need to adjust to technology and systems to modernize their
production as well as their processing side, and then they're also going through
the process of looking at succession planning. Many of our farmers are aging out
and want to get out of the business, so, how do we bring along the younger
farmers and get them onto the property onto the farms and greenhouses and
continue production?
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Hawaii County Council-49 September 19,2018
So, this needs assessment is an ongoing project and we'd appreciate the support,
and timely action would be helpful to continue that work.
MS. DAVID: Thank you, Ms. Ley. And this agreement for $10,000 is for the
project coordinator, is that correct?
MS. LEY: Yes, as well as a technician, ag intern.
MS. DAVID: I see. Okay, great. Thank you very much and I yield.
ACTING CHR. EOFF: Any other questions? Thank you. Seeing or hearing
none, all in favor please say "aye."
Vote on Res. 682-18: The motion to adopt Res. 682-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Kanuha, Lee Loy,
O'Hara, Poindexter, and Acting Chair Eoff—6.
Noes: None.
Absent: Council Members Chung, Richards, and
Ruggles —3.
Excused: None.
ACTING CHR. EOFF: Okay then, we did Bill 182, we'll go to Bill 184.
Bill 184: 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 —Local Justice Assistance Grant
(JAG) Program account ($113,387); and appropriates the same to the Local JAG
Program account. Funds would be used by the Hawaii County Police
Department to purchase a driving simulator for its Emergency Vehicle Operator
Course as well as remedial training of employees involved in traffic collisions.
Reference: Comm. 1038
Intr. by: Ms. David (B/R)
Approve: FC-137
Motion to Approve: Ms. David moved to pass Bill 184 on first reading and
adopt Finance Committee Report No. 137. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Ms. David.
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Hawaii County Council-49 September 19,2018
MS. DAVID: This was passed with a positive recommendation out of committee
and I just ask for your continued support.
ACTING CHR. EOFF: Okay, I believe there is someone in Hilo if we have any
questions.
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Captain Wana is here to answer any questions from the
department.
(Note: At this time, Police Captain Amy Wana came forward to
address the members of the Council.)
ACTING CHR. EOFF: Do we have any questions? Aloha, would you like to say
a few words while you're sitting there? We don't have any questions.
MS. WANA: No, I have nothing to add. Thank you.
ACTING CHR. EOFF: Okay, thank you. All in favor please say "aye."
Vote on Bill 184: The motion to pass Bill 184 on first reading and adopt
(Approved) Finance Committee Report No. 137 was carried by the
following voice vote:
Ayes: Council Members David, Kanuha, Lee Loy,
O'Hara, Poindexter, and Acting Chair Eoff—6.
Noes: None.
Absent: Council Members Chung, Richards, and
Ruggles —3.
Excused: None.
ACTING CHR. EOFF: Bill 187.
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Hawaii County Council-49 September 19,2018
Bill 187: PROVIDES FOR THE COST OF PUBLIC SEWER SYSTEM
IMPROVEMENTS IN"IMPROVEMENT DISTRICT NO. 20 —LONO KONA
SUBDIVISION," DISTRICT OF NORTH KONA, COUNTY OF HAWAII,
FIXES THE PORTION OF THE COST TO BE ASSESSED AGAINST
BENEFITED ASSESSMENT UNITS, ADOPTS FINAL ASSESSMENT ROLL,
IMPOSES ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT
ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDES FOR
PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZES
FURTHER ACTIONS BY THE DIRECTOR OF FINANCE
Creates a special fund to be known as "Improvement District No. 20—Lono Kona
Subdivision," into which the funds for the costs of the improvements and all
money collected by the Director of Finance for assessments levied by this
ordinance shall be placed (the total estimated cost of the authorized improvements
in the Improvement District is $2,437,000).
Reference: Comm. 1061
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 187 on first reading.
Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Mr. Kanuha, do you have any ?
MS. DAVID: Chair?
ACTING CHR. EOFF: Ms. David.
MS. DAVID: I believe Director Sako is in Hilo, and she might want to explain or
give us a brief explanation of the waiver request and the time element of this bill.
Thank you, Ms. Sako.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning, Deanna Sako, Director of Finance. Yes, thank you
very much for waiving this. This is finally the last piece to get the Lono Kona
improvement district finalized and moving along. We're still working with
USDA (United States Department of Agriculture) but we believe the final
document should be forthcoming and when they start charging us for the loan, we
want to be able to bill the improvement district participants right away. So, this is
kind of the final piece. This project has been ongoing for a long time. Chris gave
me a timeline but I think it dates back to 2011. So, we're happy that this is finally
coming to a conclusion.
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Hawaii County Council-49 September 19,2018
MS. DAVID: Thank you very much for that and congratulations on this long
lengthy project. I yield. Mahalo.
ACTING CHR. EOFF: Okay, any other comments? Mr. Kanuha.
MR. KANUHA: Thank you Madam Chair. Again, I ask for your support. This
has been a lengthy process and a lot of different variables involved. I'm just
looking forward to getting this project going. Mahalo, Deanna, for all of your
hard work and everybody who has been involved in this.
MS. SAKO: Yeah, we really want to thank DEM (Department of Environmental
Management) for all of their hard work in this project also. Thank you.
ACTING CHR. EOFF: I guess I'd just like to ask or make a comment about the
testifier's concern today, that vacant lots were also being assessed. I do
understand that when you create an improvement district, every lot has to share
equally in the cost. So, I don't know if you've spoken to Mr. Jasmine or if he
understands that.
MS. SAKO: The methodology was approved back in 2014, so, that would have
been the time to protest that. But, we did have a consultant that helped us with
that process and looked at how many single-family equivalents each lot had, and
so, we do believe it's a fair and equitable method.
ACTING CHR. EOFF: Okay, thank you. All in favor please say "aye."
Vote on Bill 187: The motion to pass Bill 187 on first reading was carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Bill 188.
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Hawaii County Council-49 September 19,2018
Bill 188: 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 —Waimea Needs Assessment account
($10,000); and appropriates the same to the Waimea Needs Assessment account.
Funds would be used by the Department of Research and Development to support
a needs-assessment of the Waimea agricultural sector to be used in the
development of a master plan of the Kamuela Vacuum Cooperative.
Reference: Comm. 1063
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 188 on first reading.
Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any questions or comments?
MS. DAVID: Just a comment, Chair, if I may. This bill is companion to
Resolution 682 that we approved previously. Thank you.
ACTING CHR. EOFF: All in favor please say "aye."
Vote on Bill 188: The motion to pass Bill 188 on first reading was carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Mr. Clerk, going to Order of the Day, Second or Final
Reading, Bill 160.
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Hawaii County Council-49 September 19,2018
Bill 160 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY
(Draft 2): CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CODE
OF ETHICS
Amends Section 2-83, Fair Treatment, by adding a requirement that officers and
employees of the County provide accurate and factual information to the public to
the best of each officer's or employee's abilities and knowledge.
Reference: Comm. 959.3
Intr. by: Ms. O'Hara
First Reading: September 5, 2018
Motion to Approve: Ms. O'Hara moved to pass Bill 160, Draft 2, on second and
final reading. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Ms. O'Hara.
Vote on Motion to Ms. O'Hara moved to postpone Bill 160, Draft 2, to the
Postpone: call of the Chair. Seconded by Ms. Poindexter and
carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Okay, Bill 169.
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Hawaii County Council-49 September 19,2018
Bill 169: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Establishes a General Excise Tax Surcharge revenue account and appropriates
$10 million into this account as anticipated revenue, and establishes and applies
these funds to two new General Excise Tax Surcharge Mass Transit expenditure
accounts, as follows: Other Current Expenses ($4,412,145) and Equipment
($3,587,855). The remaining $2 million would be appropriated to the Transfer to
Capital Projects Fund expenditure account to be used for bus shelters and road
improvement projects, including Oneo Lane and the Ane Keohokalole extension.
Reference: Comm. 997
Intr. by: Ms. David (B/R)
First Reading: August 22, 2018
Postponed: September 5, 2018
(Note: There is a motion by Ms. David, seconded by Mr. Kanuha, to approve
Bill 169.)
MS. DAVID: Actually, I don't have any comments except that I believe we all
received Communication 997.2 this morning from the Director of Finance, and if
this needs to be placed on the table for discussion or
MS. LEE LOY: Chair? Deanna Sako is here. She is asking that we move
Communication 997.2 for discussion.
ACTING CHR. EOFF: Was that a motion?
Motion to Amend: Ms. David moved to amend Bill 169 with the contents of
Comm. 997.2. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Discussion? Ms. Sako.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Thank you very much. Sorry for the last-minute amendment. As
you might recall when we were here last time, we had just had Hurricane Lane
and we're still trying to assess the full extent of the damage from that hurricane,
and it is substantial. So, we did go back and talk with transit to see if they could
maybe defer some of the items in the Master Plan until the next fiscal year. But,
there are some things that they still need.
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Hawaii County Council-49 September 19,2018
Number one, last time on the amendment to reduce mass transit from the General
Fund was approved, so, we need to get them back into this General Excise Tax
Fund so they can continue to operate.
The second piece is that they really do need the additional buses, and I use that
term broadly. I do not recall if they were the mini buses or the big buses, but they
really do need more buses because we cannot continue to keep leasing the buses,
it's going to run us broke. So, that's a very important piece I really feel like we
need.
The second part, we now are increasing the transfer to capital project funds to
$4.1 million. We did have some other projects designated, but now what we
realize is that we really need to help repair the roads, bridges and any
transportation related items that were damaged during Hurricane Lane. We are
hopeful that we would be getting FEMA assistance. I don't think we got that final
word yet, but, if we do, then this would be utilized for our 25 percent match, and
that will help to reduce the amount we would otherwise have to borrow to have
our match for FEMA. So, we did talk to transit. We worked it out with everyone
and I did text Mr. Richards, although I haven't heard back from him yet.
ACTING CHR. EOFF: Okay. thank you, Ms. Sako. Any other questions,
Council Members?
MS. O'HARA: Over here.
ACTING CHR. EOFF: On the amendment, all in favor please say "aye."
MS. O'HARA: We have some questions over here, Chair.
ACTING CHR. EOFF: I'm sorry. Okay. On the amendment, Ms. O'Hara.
MS. O'HARA: I just wanted to call attention to the fact that I realize Hurricane
Lane has left us with even more damages that we need to address in terms of our
highways and bridges and so on. But in that context, I wanted to remind the
Council that the Mayor had originally budgeted $300,000 for the removal of very
large albizia from Kahakai Boulevard and that funding was not approved in our
very tight budget. So, now that we do have these extra highway funds, and that
was to come from the highway funds, I can see that Ms. Springer Kaye is here
from BIISC (Big Island Invasive Species Committee) to remind us that it would
be really great to allocate some of this fund to that activity. It's very important, as
we have seen from hurricane damage, to mitigate this problem in advance of
further damage. Kahakai Boulevard is a public, county road, so, I just want the
Council to think of that as they allocate this last portion, this $4,105,000.
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Hawaii County Council-49 September 19,2018
ACTING CHR. EOFF: Ms. O'Hara? Can I justI want to check with you. Is
this regarding the amendment?
MS. O'HARA: Yes, it is. It's regarding the amendment because we have now
changed the dollar amount, so, I'm just referring to the dollar amount in the
amendment.
ACTING CHR. EOFF: Okay, Ms. Sako, can you address that?
MS. SAKO: I can go back and talk to Corporation Counsel. We would have to
look at that whole project. I just want to make sure it meets the restrictive
General Excise Tax Fund restrictions or if we would need to use Highway Funds
or some other funds. But, I'll go back and talk to Corporation Counsel about
what would be the most appropriate means. But, because the legal level of the
budget is at the OCE (Other Current Expenses) level, if they say that these funds
can be used for that, we can try and utilize, like I said, either this fund or the
Highway Fund and we can work with Corporation Counsel to see what the best
method would be. And if we need to come back and transfer, we'll definitely do
that.
MS. O'HARA: Thank you. I just wanted to put that in the thought process as we
look at how to expend these funds because while it's not correcting immediate
damage, it's preventing further damage. So, it's all in the same thought patterns.
So, thank you.
ACTING CHR. EOFF: Okay, thank you. Okay, all in favor of amending please
say "aye."
Vote on Motion to The motion to amend Bill 169 with the contents of
Amend: Comm. 997.2 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Now, back to the main motion, Bill 169, as amended.
MR. HENRICKS: Madam Chair, I'm going to allow Mr. Kanuha to do what he's
going to do.
ACTING CHR. EOFF: Mr. Kanuha.
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Hawaii County Council-49 September 19,2018
MR. KANUHA: Just as a point of procedure, do we need to suspend the rules to
hear this?
ACTING CHR. EOFF: We do.
Vote on Motion to Mr. Kanuha moved to suspend Council Rule 24 to waive
Suspend Council the holdover for the amendment of Bill 169. Seconded by
Rules: Ms. Poindexter.
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff–7.
Noes: None.
Absent: Council Members Richards and, Ruggles –2.
Excused: None.
ACTING CHR. EOFF: Okay, now we can go ahead and discuss Bill 169 as
amended. Mr. Chung.
MR. CHUNG: Deanna, can you hear me?
MS. SAKO: Yes, I can.
MR. CHUNG: This might not be 100 percent germane to the subject, but it does
deal with the budget and our capability of paying expenses. Back when the lava
flow was occurring, we heard that we're looking at a shortfall of$5 million.
What's our—you know, I'm hearing all kinds of rumors and they're getting out
into the public. I just want to know what kind of shortfall are we looking at right
now, currently, for next year's budget?
MS. SAKO: The shortfall, when we talked about the $5 million, was the
reduction in revenue for the current fiscal year, based on the lava. For the next
fiscal year right now, it is actually much larger than that because we have
increases in the ERS (Employees Retirement System) rate coming up that we
keep talking about. We have the full impact of GASB (Governmental Accounting
Standards Board) 45 or post-employment benefits for the retirees, as well as other
fringe benefit costs that's the bulk of the additional cost, and not because of the
lava, but just when we had the lava and the reduction in tourism, the real property
tax revenue was not going up as much.
MR. CHUNG: Okay, what's trickling out into the public is basically something
that relates to next year, right?
MS. SAKO: Yes, and departments—we just had our budget kickoff meeting,
departments are still preparing their budgets for next year. So, while we have
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estimates until everyone submits their budgets, we won't have anything more
concrete.
MR. CHUNG: Okay. I can see now it's not totally related to this subject. Thank
you very much. We can talk about it some other time. Thanks.
MS. SAKO: Sure.
ACTING CHR. EOFF: Okay, thank you, Mr. Chung. Ms. Poindexter.
MS. POINDEXTER: Question, Deanna. I don't know if you had an opportunity
to speak with Council Member Richards, but I thought it was my understanding
that we could postpone this until he gets to come back and give some input as
well. But, I don't know if you had an opportunity to speak with him.
MS. SAKO: No, things have been a little hectic with all the various boards,
commissions, and disasters we've been having, but, I did text him this morning. I
believe I said last time that I really couldn't wait until he got back because we had
already passed the General Fund federal budget amendment and effectively
removed mass transit from there. So, they do have Highway Fund to operate
from, but I really do need to kind of get them back in a fund and this would be the
amendment to do that.
MS. POINDEXTER: Okay, thank you.
ACTING CHR. EOFF: Any other comments or questions? I can't see you folks
in Hilo but just speak up if you do. Okay, I'll go ahead and ask for the vote on
Bill 169, as amended. All in favor please say "aye."
Vote on Bill 169: The motion to pass Bill 169, as amended to Draft 2, on
Draft 2 second and final reading was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: Okay, thank you very much, Ms. Sako. That takes us, I
believe, to the end of everything besides our Referral for Executive Session. Is
that right, Mr. Clerk? Okay, will you please read in Communication 1060?
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Hawaii County Council-49 September 19,2018
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
(There were none.)
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 1060: CLAIM AGAINST THE COUNTY OF HAWAI`I/MONA COSTA
From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated
August 21, 2018, requesting an attorney-client confidential discussion to consult
with the Council on a claim submitted by Attorney Rechelle Barbour for
Mona Costa.
Motion to File: Ms. Poindexter moved to close file on Comm. 1060.
Seconded by Ms. David.
ACTING CHR. EOFF: Mr. Kamelamela, can you please come up? I'm going to
ask Mr. Kamelamela to please come forward. Before you make a motion to go
into executive session, let's see whether it would be important for us to do that or
if there's anything we can discuss with Mr. Kamelamela.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good morning, Joseph Kamelamela, Corporation
Counsel. Thank you, Chair, and members of the County Council. If you don't
have any questions about what our recommendation is, then there is no need to go
into executive session.
ACTING CHR. EOFF: Does anyone have questions? Anyone inclined to go into
executive session or not? Okay.
MR. HENRICKS: Madam Chair, before you call that vote, I believe the purpose
of the communication is for the Council to authorize or approve the
recommendations of Corporation Counsel to go into executive session, so, we
would need to have that motion on the floor to accomplish that.
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Hawaii County Council-49 September 19,2018
Vote on Motion to Ms. Poindexter moved to concur with the recommendation.
Concur: of Corporation Counsel regarding Comm. 1060. Seconded
(Approved) by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
Vote on Comm. 1060 The motion to close file on Comm. 1060 was carried by
(Filed): by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, and
Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and, Ruggles —2.
Excused: None.
ACTING CHR. EOFF: May I have a motion to adjourn?
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
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Hawai`i County Council-49 September 19,2018
ADJOURN- There being no further business, at 11:16 a.m., Ms. Poindexter moved to adjourn
MENT: the meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha, Lee Loy,
O'Hara, Poindexter, and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Richards and Ruggles—2.
Excused: None.
ACTING CHR. EOFF: Our meeting is adjourned. Thank you, Council Members.
Council Approval: O C T 1 7 2018
COUNTPERK
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