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HomeMy WebLinkAboutMIN COUNCIL 2016/10/05 2014-2016 Hawaii County Council 51" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 5, 2016 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 Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member (came in later) Mr. Danny Paleka, Member (came in later) Ms. Margaret Wille, Member Absent & Excused: Ms. Maile "Medeiros" David, Member Mr. Dennis "Fresh" Onishi, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Poindexter presented a Certificate of Merit to EXPRESSIONS OF Morris "Mo" Mathews for his credentials in sports participation and community CONDOLENCE: service with 82 years of swimming.) Recess: At 9:19 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:20 a.m. (Note: At this time, Ms. Poindexter presented a Certificate of Merit to Dr. Momilani(Momi) Naughton for receiving The National Society Daughters of Hawaii County Council-51 October 5,2016 the American Revolution Historic Preservation Recognition Award. Her vision guided the way to the preservation of the history and heritage along the Hamakua coast and North Hawaii communities.) (Note: At this time, Ms. Poindexter presented a Certificate of Merit to Dr. Billy Bergin for his knowledge and love for Hawai`i's ranching heritage, which qualified him for The National Society Daughters of the American Revolution Historic Preservation Medal.) Recess: At 9:35 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:38 a.m. 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: Brett Curtis: Bill 239 (Comm. 1046), comment. (representing YWAM Ships Kona) Jay T. Kimura: Res. 659-16 (Comm. 1070), comment. (representing Hawaii County Economic Opportunity Council) Donald Ellison: Bill 239 (Comm. 1046), in opposition. (representing YWAM Ships) Susan B. Rice: Res. 647-16 (Comm. 1054), in support. (representing Society for Kona's Education and Art) Zaheva Knowles: Res. 653-16 (Comm. 1063), in support. (representing West Hawaii Mediation Center) Timothy C. Weber: Res. 650-16 (Comm. 1058), comment. (representing Young Men's Christian Association) Page 2 Hawaii County Council-51 October 5,2016 Danielle Johnson: Res. 650-16 (Comm. 1058), comment. (representing Young Men's Christian Association) Mike Miyahira: Res. 650-16 (Comm. 1058), comment. (representing Young Men's Christian Association) Harvey Tajiri: Res. 646-16 (Comm. 1053), in support. (representing Friends of Lili`uokalani Gardens) K. T. Cannon-Eger: Res. 646-16 (Comm. 1053), comment. (representing Friends of Lili`uokalani Gardens) Delani Osorio: Res. 657-16 (Comm. 1067), comment. (representing Big Island Housing Foundation) David Kurohara: Res. 650-16 (Comm. 1058), in support. (representing Young Men's Christian Association) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Mr. Paleka moved to approve the Minutes of January 22, Minutes: 2016. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 3 Hawaii County Council-51 October 5,2016 Res. 657-16: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT (AGREEMENT) WITH THE PROPERTY OWNERS/PROPERTY MANAGERS OF SELECTED PROJECTS FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM AS OFFERED THROUGH A PUBLIC NOTICE DATED APRIL 13, 20, AND 27, 2016 The Office of Housing and Community Development has selected the following proposed projects: Mohouli Senior Residences, Phase 4 (32 vouchers), Kaiaulu O Waikoloa(15 vouchers), and Hale Kikaha(up to 23 vouchers). Reference: Comm. 1067 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 657-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Eoff MS. EOFF: Ms. Akiyama CHR KANUHA: Ms. Hirota. MS. EOFF: Ms. Hirota. (Note: At this time, Housing and Community Development Specialist Sharon Hirota came forward to address the members of the Council.) MS. HIROTA: Good morning. MS. EOFF: Sharon, you might just give us a brief explanation. MS. HIROTA: Sure. We're asking Council approval for Resolution 657-16. Earlier this year in April, we published a public notice announcing the availability of project-based vouchers that would become available. And so, we had three applicants that submitted proposals. After a committee review, we issued a recommendation to our housing administrator to allow the attachment of these vouchers once the projects are completed. So, Mohouli Senior Residences, Phase 4, we're awarding 32 vouchers. Kaiaulu O Waikoloa, which you heard from Ms. Osorio, we would like to award 15 vouchers. And Hale Kikaha, which is the County's development of the studio units in Kailua-Kona, which will be ready for occupancy sometime in November, Page 4 Hawaii County Council-51 October 5,2016 we'd like to award up to 23 vouchers. So, there are 23 under construction, and so we're working with the service providers to determine the exact amount of vouchers we would like to attach. The project-based voucher is very similar to the Section 8. It provides rental assistance to those living at those units. For Kaiaulu as well as Hale Kikaha, we will do wrap-around services in hopes that individuals, after receiving these services, will be able to find other affordable units with housing assistance outside of these projects and then we would be able to help others within the community. MS. EOFF: Okay, thank you. So, the money is from the Federal government, but it comes from the State to us. MS. HIROTA: The money is actually directly from the Federal government to our County. MS. EOFF: Oh, okay. Thank you. CHR KANUHA: Thank you, Ms. Eoff Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. I was just wondering, if you can just give a simple update on your attempt to get other vouchers from other counties, was that successful? MS. HIROTA: Actually, it was successful. So as of July 1st, HUD (United States Department of Housing and Urban Development) approved our request to allow Kauai County to transfer 200 Housing Choice Vouchers to our County. MR. ILAGAN: And none of those were—these are ours? MS. HIROTA: The 200 is additional funding, yes. MR. ILAGAN: Outstanding job. And it's good for not only community, but I just want to say thank you for doing an outstanding job. MS. HIROTA: Thank you. CHR KANUHA: Council Members, any other discussion? Okay, hearing or seeing none, all in favor of the motion to approve say "aye." Page 5 Hawaii County Council-51 October 5,2016 Vote on Res. 657-16: The motion to adopt Res. 657-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. MS. HIROTA: And thank you for taking me out of order. I appreciate it. CHR KANUHA: Thank you. Res. 646-16: 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 LILI`UOKALANI GARDENS FOR THE MAINTENANCE AND IMPROVEMENT OF LILI`UOKALANI GARDENS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1053 Intr. by: Mr. Onishi Motion to Approve: Mr. Paleka moved to adopt Res. 646-16. Seconded by Ms. Eoff. CHR KANUHA: Council Members, we do have members from the public that did testify earlier. If you have any questions, I'll leave it open to you guys. I know Mr. Onishi would have loved to be here to introduce this bill and advocate on behalf of his resolution, but he can't be here. Okay. I'm glad to be able to support this and look forward to the good work that you guys do in the community. MR. ILAGAN: Actually, Mr. Chairman, I wasn't sure if the public's aware. Isn't the centennial or isn't this year a chain of events that you guys have in store? Or could you come up and just explain that, so that way anybody who's watching can be informed of the activities that's happening? (Note: At this time, K. T. Cannon-Eger, representing Friends of Lili`uokalani Gardens, came forward to address the members of the Council.) Page 6 Hawaii County Council-51 October 5,2016 CHR KANUHA: Press your button on the microphone and just say your name. MS. CANNON-EGER: And move a little bit closer. CHR KANUHA: And say your name one more time for the record. MS. CANNON-EGER: K. T. Cannon-Eger, President of Friends of Lili`uokalani Gardens. Yes, a centennial doesn't come around every year, so why not have a party for a year? That's my thinking. So, let's have a party that involves the entire community in different ways. We're starting with a Buddhist memorial service, 100 years since Queen Lili`uokalani passed away this month, Sunday, October 30'h, at Hilo Betsuin. There is an art stroll in January that will involve our art community, our visitors, entertainers, eating places all on Banyan Drive, seeking to lift up that end of town as much as "first Friday" lifts up Downtown Hilo. There are events for the tea house. There's an international group of Japanese landscape gardeners who are planning a convention here. There's a floral design course. There's a bright idea to ask everyone who ever got married in Lili`uokalani Gardens to come back and renew their vows. There's a queen's birthday ceremony. There's all kinds of events. So, at least one event every month for the next year. Thank you. CHR KANUHA: Thank you. Mr. Eagan, anymore discussion? Council Members, any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 646-16: The motion to adopt Res. 646-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Thank you. Page 7 Hawaii County Council-51 October 5,2016 Res. 650-16: 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 ISLAND OF HAWAII YMCA FOR THE YMCA FAMILY VISITATION CENTER PROGRAM Transfers $2,500 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. 1058 Intr. by: Mr. Onishi Motion to Approve: Ms. Eoff moved to adopt Res. 650-16. Seconded by Mr. Paleka. CHR KANUHA: Council Members? Ms. Eoff MS. EOFF: Mr. Onishi just asked me to make sure that Mr. Kurohara and anyone else was able to give their information, which I think we've heard from them. So, I just want to urge us to approve this for Mr. Onishi and the YMCA (Young Men's Christian Association). CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 650-16: The motion to adopt Res. 650-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members David, Ragan, and Onishi—3. Excused: None. Bill 239: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds the County parking lot between Kuakini Highway and Likana Lane, from 2 a.m. to 5 a.m., to Schedule 29 (Parking prohibited during certain hours on certain streets; tow away zone), Subsection (0, Kona. Reference: Comm. 1046 Intr. by: Mr. Kanuha Approve: PWPRC-49 Page 8 Hawaii County Council-51 October 5,2016 Motion to Approve: Ms. Poindexter moved to pass Bill 239 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 49. Seconded by Ms. Eoff CHR KANUHA: Council Members, I open it up to discussion. This is my bill, but I'll let you guys all speak first before I speak. And we do have members from the surrounding area of the parking lot here as well to answer any questions that we have. Ms. Poindexter. MS. POINDEXTER: Yeah, I'd like to call up the gentleman who had testified earlier. I have some questions. (Note: At this time, Brett Curtis, representing YWAM Ships Kona, came forward to address the members of the Council.) MS. POINDEXTER: And if you could just put your mic on and then state your name just for the record. MR. CURTIS: Brett Curtis from YWAM Ships. MS. POINDEXTER: Thank you. When you testified, you talked about all of these wonderful things that YWAM does and I'm sure you do. You talked about the services that you give back, I guess, to our public. I don't know if those are free services. You talked about primary care physicians. So, do you provide free primary care or ? Because, I've never heard of that. I've been working a lot: West Hawaii Community Health Center, target population, Medicare-Medicaid, uninsured. And now I'm hearing that you haveI mean, you just stated. So, I'm just kind of wondering what are you providing for the people of Hawaii County that are services that you said you were either donating or ? MR. CURTIS: From Kona, we are giving back to the islands of the pacific. It's not in Kona town. So, we have medical ships. MS. POINDEXTER: Okay. So, I was just talking about the County of Hawaii people. MR. CURTIS: No. MS. POINDEXTER: Okay, no. Okay, so that I needed to make clear because the perception, when you testified, it was the perception that you were here in Kona and providing all these things to Kona. So, you're not, okay. MR. CURTIS: We are training in healthcare. MS. POINDEXTER: So, you're using it as a training center. Page 9 Hawaii County Council-51 October 5,2016 MR. CURTIS: Yes. MS. POINDEXTER: Okay. So, that's the perception I wanted to make clear to the public. So, you're not giving services to our people in the County of Hawaii. Okay. Hosting police, firefighters, you said, for the Ironman and all. Are they being charged or is it free of service that you guys are giving them the ? MR. CURTIS: They pay for their room. MS. POINDEXTER: They pay for it. MR. CURTIS: Yes. MS. POINDEXTER: Okay, so it's being paid for. MR. CURTIS: Yes. MS. POINDEXTER: Okay. So, that's another—'cause I thought, the way you testified, I thought it was all like free services. Okay. MR. CURTIS: No. It's about half price, but, yes. MS. POINDEXTER: So, when you guys lease the Hukilau, you guys knew that you had eight parking stalls. MR. CURTIS: Yes. MS. POINDEXTER: Okay, so you were very aware of that. Okay. MR. CURTIS: With the assumption that the lot at the back, yeah. MS. POINDEXTER: With the assumption. MR. CURTIS: Yes. MS. POINDEXTER: Okay, that's a real strong word, "assumption." You made that assumption. You're a big company. I would expect you to do your homework on that, but MR. CURTIS: We did. MS. POINDEXTER: Okay. And then I heard your attorney or volunteer attorney say it became run down when it was vacant. You guys don't want it to get run Page 10 Hawaii County Council-51 October 5,2016 down again. So, I'm assuming that when he said it became run down and if you guys let it go, you don't want it to become run down again. So, you guys have put money into renovations. MR. CURTIS: Yes, we have. MS. POINDEXTER: You have, okay. MR. CURTIS: So, that was between the last business that leased it. And when it was vacant, they couldn't fund it to operate as a hotel. So, that's when we took it over. It had homeless in it, yeah. MS. POINDEXTER: Okay. So, I'm not saying that the County could do that, could work out an agreement. But then, part of what I heard the last time from a business owner, too, that they were real frustrated because that parking lot was always full and there was—and from the people themselves, the public, that it was always full. MR. CURTIS: Yes, we are too, yes. MS. POINDEXTER: So, I guess because of the, maybe some abuseI'm not saying by you guys or whoever—of not allowing our regular customers or our people to come and park in their public parking lot because it'sthey're paying for it; our community, it's a public parking lot. So, our community pays for it. MR. CURTIS: Yes. MS. POINDEXTER: So, I'm just concerned. If they are, you're requesting some parking spaces, you guys are willing to pay for those spaces. MR. CURTIS: Yeah, we're not asking for parking spaces to be just for us. We're just asking that if we have our cars in the lot overnight when no one else is there, that we won't get towed between two and five. MS. POINDEXTER: Oh, yeah, but what goes forI mean, if we're having our people got to abide by those rules, why would we allowI cannot see us not it's about being fair. MR. CURTIS: Yeah, I think two things, No. 1, is that our business was—"our business," I'm sorry, the Hukilau was established in the `50s before the parking code came in. So, the city allowed 79 rooms to only have 8 lots because of the lot next door. And so, for years for the six decades, it's been viable because of the use overnight in that lot. Page 11 Hawaii County Council-51 October 5,2016 MS. POINDEXTER: Right. And we know things change and businesses there. And I guess because of maybe some abuses there and that our people don't have the same opportunity to use that lot like others have been using it, or even the businesses there not having their customers be able to park becauseso, something has to be done. MR. CURTIS: In the day, I don't think anything's going to change in the day because the ones who are in there overnight are such a small amount. MS. POINDEXTER: Yeah, but every amount counts because even when it comes to parking in Downtown Hilo, when I want to go have lunch down there, one parking stall counts. MR. CURTIS: Absolutely. MS. POINDEXTER: So, thank you. MR. CURTIS: And we're frustrated too. MS. POINDEXTER: Yeah. So, thank you. I just needed to clear that perception. Because when you came up, it seemed like you guys came here to give free services and that we should—the public shouldn't change that. MR. CURTIS: No, I think what I was trying to communicate was that what we are doing for the pacific right out of Kona is a very unique thing. We are delivering, so far this year, 48,000 healthcare services to those who don't have access to it. MS. POINDEXTER: Right. So, what I would strongly recommend because healthcare services are desperately needed on this island, especially dentistry, and I see on your website you have dentistry, I would strongly suggest that you hookup with the FQHC's, the Federally Qualified Health Centers on this island and partner up with them because we do need those types of services. So if you indeed say you're here for the people of the pacific, please include us, okay? MR. CURTIS: Yes. MS. POINDEXTER: Thank you. MR. CURTIS: Absolutely. CHR KANUHA: Thank you, Ms. Poindexter. Mr. Eagan. Page 12 Hawaii County Council-51 October 5,2016 MR. ILAGAN: I just wanted to know some details, and maybe I need to ask our Public Works. But first let me ask you, how many parking spaces would you use or take? MR. CURTIS: Overnight? We have eight of our own, and we have been self- restricting 18 out of the 120-some that are there overnight. We don't allow any more than 18 to go to the lot at night. And we would be happy to help in any way we can with community service to monitor to do a speaking to people who are living in their vehicles in that log, which in four years I think I saw twice. So, it's not a huge problem for that, I think. But we would do whatever we can to help and be a part of the solution. We want to be good citizens. We want to help. We realize that the parking situation in the day for us is extremely—it's the same as everybody else. It takes a lot. So, we want to seek how can we move forward but not shut our business down. MR. ILAGAN: Thank you. CHR KANUHA: Mr. Paleka. MR. PALEKA: I'm quite familiar with that property. I understand the history, that seaside hotel and the business that operated that establishment before you. They have enjoyed a certain kind of—having the parking available because the public facility was open overnight. Now this change, we're closing from 2 a.m. was basically because of complaints from the public. Can I ask you, Mr. Chair, was that basically the ? CHR KANUHA: There's been complaints for decades, decades of complaints that led up to this;public businesses, residents, frustrated. When they go in the morning, there's no parking, or anytime at that. MR. CURTIS: Our lawyer, giving testimony from Kona, had recommended that if there were vehicles for more than 24 hours, that they be towed. I think that's very fair. Because if someone's parking there and going to the airport and not paying the long-term parking like they should out there and are staying there or those who have abandoned vehicles or sleeping overnight there, that might be one option to push forward rather than everyone getting towed at 2:00 in the morning away from there. I'm seeking a modification that would allow us to move forward, and emptying out the parking lot every night is not going to stop any of the congestion during the day. It might for two or three vehicles that got towed. But MR. PALEKA: Is there a possibility to work with the County in coming up with some sort of win-win? I like Valerie's suggestion: get involved with the healthcare services with our community and really trying to show Page 13 Hawaii County Council-51 October 5,2016 MR. CURTIS: To respond to Mrs. Poindexter, we do provide physicians and nurses to Aloha Urgent Care on a regular basis. So, we are engaged in the local. Aloha Urgent Care is just up from the University of the Nations, a block on the left. MR. PALEKA: Okay. `Cause I hear my (inaudible) and he's familiar with the area. And if there's been complaints, offering to work some of MR. CURTIS: If they are legitimate, I have the same complaint. They go home at the end of business hours, and we have to survive down there 24/7. MR. PALEKA: I want everybody to win. That's my take. I mean, even the landowner, the individual who actually owns the land, this would be in their interest too. MR. CURTIS: We think with overnight permits just for a restricted amount would be a win-win so that the bill can move forward. MR. PALEKA: Okay, if I have more questions. I'll yield to my other colleagues. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I have a question maybe you can answer, because I'm not familiar with that park. I know where it is. Is it a paved parking lot? It's free? CHR KANUHA: Free. MR. CHUNG: Therein lies the problem, right? Okay. Generally, I don't like to turn my back on businesses, right. And I really don't know what your operations are all about. Is it like just a regular hotel? MR. CURTIS: Yes, it's a hotel. We're a hotel code. We have 79 rooms. MR. CHUNG: Okay. So, it's basically the same thing that the Hukilau was doing before. MR. CURTIS: Yes. MR. CHUNG: Okay. As I said, I like to support businesses, but Ms. Poindexter raised a good point. You guys took over the lease knowing what the situation was. I'm really going to defer to Mr. Kanuha on this matter. See, if it was a rezoning or something like that, we all use our own good judgment. But this is something that directly relates to his community, the health and welfare of it. But what I would suggest, though, Mr. Chairman, is maybeI support you all the Page 14 Hawaii County Council-51 October 5,2016 way on this, okay—but if you can get the two sides, the people who are pushing for this, to maybe talk. There might be some kind of middle ground on this one. Because, my understanding of the problem is that people are parking there because it's free and then just leaving their cars there. But I don't think that's the situation for these guys. There might be some way of working this out, but I don't want to put you on the spot. I'm with you all the way. Whatever you do, I'll support. Thank you. CHR KANUHA: Thank you. Ms. Eoff MS. EOFF: Yeah, I was hoping have you been able to speak to anyone from the Department of Public Works, if there's any other options for parking in this area? MR. CURTIS: No, we have not. And as far as the map that we can see, it was suggested that we park at old airport, but that would not work at all. But we would be happy to pay for, if there were, permits that were needed. We, again, want to be good citizens and seek a win-win. MS. EOFF: I'm not really familiar with all the options, but it might be worth discussing them with the Department of Public Works. And what about that underground parking next to Bubba Gump's? Is that open at night for pay? I know you have to pay there, but is that an overnight parking? CHR KANUHA: I think that's a private parking lot. MS. EOFF: You pay, but CHR KANUHA: Yeah, I have no idea. MS. EOFF: I just was thinking, is that an option where maybe 18 cars could park at night? It's not that far away. CHR KANUHA: Just as a point of information, there's places that we have been trying to work with, private entities, about this situation to try to remedy some of the impacts that this would have on not only the YWAM, but other entities around that parking lot. So, that has been in the works. It's just there's just limited in the village, period. But just as a point of information. MR. CURTIS: Yes. The parking structure there would probably work well, but it would take a while to put up and would end up being a moneymaking thing for the County. The issue overnight, however we resolve this, is not going to solve any of the issues in the day. And it's in the day when people have their problems. It's not when they're at home in their place sleeping at night. Page 15 Hawaii County Council-51 October 5,2016 For those of us in the Hukilau complex, having 79 rooms that was approved by the authorities with only eight, assuming again there's no records because of the flood back several decades ago destroyed our records, but there's no communication about the lot in the back. But it would be naturally assumed only viable because of that lot. So, this would be a huge change for us, and we're the only business down there that's been going since the `50s. The others may not reach a litmus test of grandfathering in but that's what we would like to see happen. And we'd be happy to pay for whatever the County would need. MS. EOFF: It seems to me that the owner of the building should be working with the department at this point, Public Works, to find some kind of a solution. MR. CURTIS: I guess I'm the guy that wakes up in the morning with the idea of having to close my business down. MS. EOFF: Okay. Well, I'd like to hear what the Chairman has to say at this point. Thank you. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah,just one quick thing. I don't want to come across that it's only you that is saying that you, if you're causing that, because we know there's a lot of other businesses as well. And then what we've got to consider is, once you do one agreement with one then you've got to be open to do an agreement with all of the others as well, then there goes the parking again. So, I know that's going to be the struggle, but I'm hoping that Council Chair Kanuha will be able to help work that out with whatever he's working with. And I trust that he will. The other thing is I want you to leave me your business card because we're going to get you connected to the dentistry and services with this group that I'm working with who's doing a mobile dental van, that we need services out for the kids who have no insurance, and even adults without insurance. It's a big problem on Hawaii Island. So in a way, the good "miss"here is that you came and now I have a contact and a resource from you. So, thank you very much. MR. CURTIS: You're very welcome. CHR KANUHA: Thank you. I guess I'll speak now. I know we've got our rules, so I can't, you know, but real quickly, I explained a lot the last time we had the Committee meeting. And kind of by doing that, I got to see exactly where the problems lie. And when the paper came out, I got calls like there's no tomorrow Page 16 Hawaii County Council-51 October 5,2016 from YWAM, from Kona Seaside, from different places surrounding the parking lot. And it kind of weeded out who were the responsible parties of why this parking lot's full. So, I'm not sayingI'm being sympathetic to everybody in that area, and I'm also being sympathetic to the residents that live in this community, have been living in this community for not only a few years, for decades, for hundreds of years. My family's been there in that particular spot for over 500 years. So, you can understand my sympathies where it lies, not to my family but to my community. And that's why, after hearing from everybody, hearing from the businesses, hearing from the residents, I said, "You know what? We've got to do something because this has been happening for decades." MR. CURTIS: Thank you. CHR KANUHA: And now we're lying with the problem. How do we fix the problem? And this was one of the things that we came up with, not only with myself, with Administration, with a few businesses that said, "You know what? We're sick and tired of our people not being able to come to downtown, come and enjoy what's happening in this particular area." Because, people are moving away. There's a lot of issues happening, and there's no parking. So, this was a way to kind of see what really is the driving force behind why there's no parking, especially in this parking lot. And YWAM, again, isn't the only one that's contributing to the problem. The Kona Seaside, they've told me several times that they tell their guests that if there's no parking in their parking lot, that there's the overflow parking lot in the County parking lot. They tell every single guest that goes to that hotel. So, it's not only you guys. I'm looking out for the entire community here. And by doing this bill—like I also was looking—being sympathetic to you guys and trying to look for other areas where it could be applicable for you guys to park there with the 18 stalls. Because, if I grant overnight parking for one, I'm going to have to do that for everybody whether it's overnight or during the day. I have to be fair in this whole thing. And that's the problem that I face, is how do I make sure that you can stay in an area but not give you an exception otherwise from everybody else? I want you guys to succeed. I want you guys to be part of this community. And I really feel that you guys do help out a lot, not only here but everyplace else that you guys are going. So, I'm just trying to be fair to everybody. And this was, to me, the fairest way possible without charging for parking. And that was something that the Administration did not want to do. At this point, I have no other solution besides this. And I'm not saying that we might not postpone this. I mean, I really want this to go through today. There is Page 17 Hawaii County Council-51 October 5,2016 going to be another reading for second reading, which at that point we can see what happens between now and then. But I want to assure you and the rest of the people that this might be affecting that we are looking for other solutions. But in the meantime, you guys also need to be looking for other solutions and working with the businesses because I can't do that by myself. You guys need to figure out also if there's other places that can accommodate overnight parking within that area. So, I'm here to work for you. I'm here to do the business of the people. So, that's why this bill came out. And it's something that we have been struggling with for a really long time, and this is finally somebody's doing something about it. So again, my sympathy's to what the situation is right there. I heard the whole "grandfathered in," and I did ask if there was a letter explaining if the County had a contract with Hukilau, and there wasn't. Nothing was produced and so, okay, move on. I also want to know what—we will be finding out, like, are you guys a hotel? Are you guys a dormitory? What's the situation at the Hukilau? MR. CURTIS: We have both. CHR KANUHA: Okay. MR. CURTIS: We have students, and they are coming in to learn healthcare. They're coming in to learn navigation and safety, and they come in for 90 days at a time. So, it's not just overnights only. It's after three months. We also have staff there, too. So, my question back to you, sir, would be could you consider modification that would say, "if the cars are there longer than 24 hours," so we weed out those who are using it incorrectly? That might be a period where we could test and see if that does empty the lot out better and fairer for everyone. So, those who are parking there and going to the airport, those who are going on vacation and they leave their car there, those who are trying to abandon things or park it there. It's meant to be a public lot, yeah. Could we try that first? Because, that would seem to be fair for everybody. CHR KANUHA: To me, it seems a little strenuous on those that will have to do that to figure out—like you said, there's 120 parking stalls there. MR. CURTIS: We can mark a tire, yeah. We could help with that. CHR KANUHA: And really, I think our laws already state that you can't park in a certain area for more than—in a public area for more than a certain amount of time. So, I don't know exactly what law that is but I know they do that already. At this point, I've kind of run out of options with what's going on here, and hence Page 18 Hawaii County Council-51 October 5,2016 the reason why we do this. But that's the concern I had. That's why I put the bill forward. Just understand that we are listening to what you guys are going through. MR. CURTIS: I'm just not sure emptying the parking lot at night's going to do anything for the daytime. CHR KANUHA: Okay, thank you. Ms. Wille. MS. WILLE: Thank you. The district I represent travels down there and looks for parking space. And at the same time, I think making things more inconvenient for automobile, at some point when we get a Mass Transit program in here really, we can think about also making it maybe a little less convenient. But I think I'm going to support this. I don't think ferreting out who's doing what is reasonable. The only other thing to me would be to be charging a substantial fee, which I would not oppose. I'm not opposed. You want to put an additional burden on. Otherwise, it's like we should go out and buy another space, and the County's basically buying a space to subsidize a business. And then why would those businesses—it just keeps going down the line. But I'm just saying, if it was, I don't care, five, $10 a night. Something where it's, "Okay, you can do it but it's going to be costly." So,just wanted to mention that's the only other option I think that is workable. And we want to support everyone. But really, where it's quote, unquote, "for the public,"what does that mean in trying to ? Anyway, I'm not opposed to if it was a significant overnight fee. And then, I think that would also incentivize finding other places without making it a prohibition. I'll support whatever you do. It's your district. CHR KANUHA: Thanks, Margaret. Council Members, some more discussion? Okay. Well, I'm going to ask for the vote, but this still is going through the process and I'd still really love to work with you guys on ulterior methods. And I don't know how it's going to turn out within the next couple of meetings. But at this point right now, I ask for the Council's support in moving this forward to second reading. So, thank you. Council Members, all in favor of approving Bill 239 and sending it to second reading, say "aye." Page 19 Hawaii County Council-51 October 5,2016 Vote on Bill 239: The motion to pass Bill 239 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 49 was carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Thank you. Res. 634-16: RELATES TO A COUNCIL INITIATED IMPROVEMENT DISTRICT TO FACILITATE CONSTRUCTION OF PERMANENT IMPROVEMENTS TO IKI PLACE AT KOHANAIKI HOMESTEADS, KOHANAIKI, NORTH KONA, HAWAII, INCLUDING IMPROVEMENT OF THE WATER DISTRIBUTION SYSTEM TO COUNTY STANDARDS, IN ACCORDANCE WITH CHAPTER 12 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO IMPROVEMENTS BY ASSESSMENTS Initiates the improvement district described above and directs the Manager- Chief Engineer of the Department of Water Supply to prepare and submit to the Council a report pursuant to Chapter 12, Article 2, Section 12-10(a), of the Hawaii County Code. Reference: Comm. 1035 Intr. by: Ms. Eoff Approve: FC-75 Motion to Approve: Ms. Eoff moved to adopt Res. 634-16 and Finance Committee Report No. 75. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. We had some discussion last time, but you want to add anything today? (Note: At this time, Manager-Chief Engineer Keith Okamoto came forward to address the members of the Council.) MR. OKAMOTO: Keith Okamoto, Manager-Chief Engineer, Department of Water Supply. No, not really anything more to add. MS. EOFF: Okay, thank you. Well, I just want to thank you guys for working with my office and with this community on this water improvement district. And I'm hoping that things can progress. Anything I can do to make the process go, Page 20 Hawaii County Council-51 October 5,2016 just let me know. I think it's a really good example of a way that a community can improve their situation without burdening all the taxpayers but by using this process. I'm happy to be able to have initiated this wonderful district. MR. OKAMOTO: Okay, thank you. CHR KANUHA: Thank you, Ms. Eoff Council Members? Ms. Wille? No? Okay. Mr. Paleka. MR. PALEKA: I am totally in favor of any development district project that helps our communities fulfill the needs that they really feel are desperately needed in their area. So, thank you, Keith, and thank you, Karen, for working so hard on this type of measure because it's greatly needed. Thanks, Keith. CHR KANUHA: Thank you, Mr. Paleka. Any other discussion? Okay. Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 634-16: The motion to adopt Res. 634-16 and Finance Committee (Adopted) Report No. 75 was carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Thank you. Bill 234: AMENDS CHAPTER 14, ARTICLE 14, DIVISION 3, SECTION 14-86 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO STREET NAMES Allows for two streets in the same judicial district but with different zip codes to share the same name. Reference: Comm. 1025 Intr. by: Mr. Eagan Approve: PC-75 (Note: The following were circulated: Comm. 1025.1, from Council Member Greggor Eagan dated September 29, 2016, transmitting a review of the legislative history of Section 14-86 of the Hawaii County Code, as well as maps indicating the locations of zip code zones and judicial districts for Hawaii Island; Page 21 Hawaii County Council-51 October 5,2016 Comm. 1025.2, from Council Member Greggor Eagan dated September 30, 2016, transmitting proposed amendments to Bill 234; and Comm. 1025.3, from Fire Chief Darren J. Rosario dated October 3, 2016, transmitting testimony in opposition to Bill 234.) Motion to Approve: Mr. Eagan moved to pass Bill 234 on first reading and adopt Planning Committee Report No. 75. Seconded by Ms. Poindexter. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. At this time, I'm going to postpone Bill 234 to the next Council meeting. There'll be a lot more discussion at that time, and there'll be the key department personnel to have those discussions with. Vote on Motion to Mr. Eagan moved to postpone Bill 234 to October 19, Postpone: 2016. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Eoff, Eagan, Poindexter, Wille, and Chair Kanuha—5. Noes: None. Absent: Council Members Chung, David, Onishi, and Paleka—4. Excused: None. CHR KANUHA: Motion passes. Bill 231: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—TEN ACRES (A-10a) AT KALOKO, NORTH KONA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 7-3-048:001 (Applicant: James Juvik) (Area: 21.22 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels. The applicant intends to continuously use the lots as residential/agricultural, with existing houses on each lot. Reference: Comm. 1000 Intr. by: Mr. Eagan (B/R) First Reading: September 21, 2016 Page 22 Hawaii County Council-51 October 5,2016 Motion to Approve: Mr. Eagan moved to pass Bill 231 on second and final reading. Seconded by Ms. Eoff CHR KANUHA: Mr. Eagan, any discussion? MR. ILAGAN: Thank you, Mr. Chairman. The applicant's here. He's been here for all the readings, but I just wanted to send him home and approve this bill. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 231: The motion to pass Bill 231 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Poindexter, Wille, and Chair Kanuha—5. Noes: None. Absent: Council Members Chung, David, Onishi, and Paleka—4. Excused: None. CHR KANUHA: Motion passes. Thank you. 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. (Note: Items in this category were taken up previously, out of order.) Res. 617-16: ACCEPTS THE DEDICATION FOR ROADWAY PURPOSES OF LOT A-2-A-5 IDENTIFIED AS TAX MAP KEY: 2-8-007:095, SITUATED AT MAKAHANALOA AND PEPE`EKEO, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, FROM CONTINENTAL PACIFIC, LLC The lot contains an area of 1.082 acres and would be used for roadway purposes. Reference: Comm. 1017 Intr. by: Ms. Poindexter Approve: PWPRC-48 Page 23 Hawaii County Council-51 October 5,2016 Vote on Res. 617-16: Ms. Poindexter moved to adopt Res. 617-16 and Public (Adopted) Works and Parks and Recreation Committee Report No. 48. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Res. 644-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO A DREAM COME TRUE TO ASSIST WITH ITS FUNDRAISING EVENTS TO HELP MAKE DREAMS COME TRUE FOR SERIOUSLY ILL CHILDREN ON HAWAII ISLAND Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Hawaii Fire Department, Protection Other Current Expenses account. Reference: Comm. 1051 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 644-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: I just ask for your support. Thank you. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 644-16: The motion to adopt Res. 644-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. Page 24 Hawaii County Council-51 October 5,2016 CHR KANUHA: Motion passes. Res. 645-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO A DREAM COME TRUE FOR AN ICE CREAM PARTY TO RAISE FUNDS FOR SERIOUSLY ILL CHILDREN ON HAWAII ISLAND Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Hawaii Fire Department, Protection Other Current Expenses account. Reference: Comm. 1052 Intr. by: Ms. David Motion to Approve: Ms. Eoff moved to adopt Res. 645-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Ms. David just asked me to ask you all for your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 645-16: The motion to adopt Res. 645-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Page 25 Hawaii County Council-51 October 5,2016 Res. 647-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SOCIETY FOR KONA'S EDUCATION AND ART TO ASSIST WITH EXPENSES ASSOCIATED WITH MARKETING VARIOUS SOUTH KONA EVENTS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 1054 Intr. by: Ms. David Motion to Approve: Ms. Eoff moved to adopt Res. 647-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I urge us to support this, and we heard from the people from SKEA (Society for Kona's Education and Art) earlier today. So, thank you. CHR KANUHA: Thank you. Any other discussion, Council Members? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 647-16: The motion to adopt Res. 647-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 26 Hawaii County Council-51 October 5,2016 Res. 649-16: 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 2016 HAWAII ISLAND VETERANS DAY PARADE 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. 1057 Intr. by: Mr. Onishi Vote on Res. 649-16: Mr. Paleka moved to adopt Res. 649-16. Seconded by (Adopted) Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Res. 651-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO HIGH SCHOOL FOUNDATION FOR THE 2016 HILO HIGH SCHOOL KEY CLUB'S STUDENT EXCHANGE WITH OUR SISTER-CITY, SUMOTO CITY, JAPAN Transfers $865 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1059 Intr. by: Mr. Onishi Vote on Res. 651-16: Mr. Paleka moved to adopt Res. 651-16. Seconded by (Adopted) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. Page 27 Hawaii County Council-51 October 5,2016 CHR KANUHA: Motion passes. Res. 653-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND MEDIATION INC. FOR ITS PEER MEDIATION PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 1063 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 653-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: It's self-explanatory, and Zaheva was here testifying. I ask for your support. Thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 653-16: The motion to adopt Res. 653-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Res. 654-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2016 SURFER'S HEALING HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1064 Intr. by: Ms. Poindexter Page 28 Hawaii County Council-51 October 5,2016 Motion to Approve: Ms. Poindexter moved to adopt Res. 654-16. Seconded by Ms. Eoff. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, it's self-explanatory, too. Great event. I just ask for your support. Thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 654-16: The motion to adopt Res. 654-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Res. 655-16: 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 HAMAKUA HEALTH CENTER FOR THE 2016 HAMAKUA KOHALA HEALTH WELLNESS FAIR Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1065 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 655-16. Seconded by Ms. Eoff. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Again, I think it's self-explanatory in the writing here. And I just ask for your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 29 Hawaii County Council-51 October 5,2016 Vote on Res. 655-16: The motion to adopt Res. 655-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha–6. Noes: None. Absent: Council Members Chung, David, and Onishi–3. Excused: None. CHR KANUHA: Motion passes. Res. 658-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO ACCEPT FEDERAL FUNDS FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into an agreement to accept $12,000 to reimburse the department for overtime costs incurred by staff to research charges identified by the Hawaii Criminal Justice Data Center with overdue dispositions. Reference: Comm. 1068 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 658-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Eoff. MS. EOFF: These are Federal funds. I'm just asking that we support this. MS. WILLE: Say that again, and say a little bit more what it's for. MS. EOFF: The Federal funds are to reimburse us for expenses that were already spent by our Criminal Justice Data Center. MS. WILLE: By our what? Our Criminal MS. EOFF: Justice Data Center. It was overtime staff incurred by—overtime for staff. MS. WILLE: Okay. Thank you. Page 30 Hawaii County Council-51 October 5,2016 CHR KANUHA: Thank you, Ms. Eoff. Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say Ic aye. Vote on Res. 658-16: The motion to adopt Res. 658-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Eagan, Paleka, Poindexter, Wille, and Chair Kanuha—6. Noes: None. Absent: Council Members Chung, David, and Onishi—3. Excused: None. CHR KANUHA: Motion passes. Bill 243: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Appropriates revenues in the Federal Grants —Hawai`i Criminal Justice Data Center—Overdue Disposition account ($12,000); and appropriates the same to the Hawaii Criminal Justice Data Center—Overdue Disposition account. Funds would be used for overtime costs incurred by staff of the Prosecuting Attorney's Office to research charges identified by the Hawaii Criminal Justice Data Center with overdue dispositions. Reference: Comm. 1068 Intr. by: Ms. Eoff Waived: FC Vote on Bill 243: Ms. Eoff moved to pass Bill 243 on first reading. (Approved) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 31 Hawaii County Council-51 October 5,2016 Res. 648-16: 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 2016 HAWAII ISLAND VETERANS DAY PARADE Transfers $700 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. 1056 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 648-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Chung. MR. CHUNG: I just ask for your support. This is one of many such resolutions in support of the Veterans Day Parade. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 648-16: The motion to adopt Res. 648-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Page 32 Hawaii County Council-51 October 5,2016 Res. 652-16: 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 PURCHASING SUPPLIES FOR EDUCATION AND TRAINING FOR LITTLE FIRE ANT PESTICIDE TREATMENTS IN COUNCIL DISTRICT 2 Transfers $1,700 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1060 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 652-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Chung. MR. CHUNG: I just ask for your support. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 652-16: The motion to adopt Res. 652-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Res. 659-16: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL Grant funds in the amount of$96,589 would be used to establish and implement the Little Fire Ant Voucher program. Reference: Comm. 1070 Intr. by: Ms. Eoff Waived: FC Page 33 Hawaii County Council-51 October 5,2016 Motion to Approve: Ms. Eoff moved to adopt Res. 659-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. These are grant funds from the Department of Land and Natural Resources, and the Department of Research and Development is partnering with the HCEOC (Hawai`i County Economic Opportunity Council). And I believe Fresh asked me to just ask for all of your support. CHR KANUHA: Thank you, Ms. Eoff MS. EOFF: Anything more to add? Okay, thank you. CHR KANUHA: Thank you. Mr. Chung. MR. CHUNG: Yeah, thank you, Mr. Chairman. I wanted to say something on behalf of Mr. Onishi who's absent today. He's on the Mainland. But as most of you know, he was instrumental in getting these monies to Hawaii County. He worked with the Hawaii Invasive Species Council, got the support of the state directors of agriculture and transportation, worked with Mr. Sato and Mr. Mende in getting it through, and with the Hawaii County Economic Opportunity Council's Mr. Kimura. So, I just wanted to recognize his efforts in that regard. CHR KANUHA: Thank you, Mr. Chung. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 659-16: The motion to adopt Res. 659-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. I think, Mr. Clerk, Bill 244. MR. HENRICKS: Before we can CHR KANUHA: Oh, wait, hold on. On Resolution 659, I also was asked to suspend our rules for the five-day reconsideration. If I could ask for that suspension of the rules motion? Page 34 Hawaii County Council-51 October 5,2016 Vote on Motion to Ms. Eoff moved to Suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Mr. Paleka Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: That motion passes. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 244: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Adds the Public Works Ane Keohokalole Highway—Hinalani to Kaimanani— Fair Share project for $84,256 to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions ($84,256). Funds would be used for the planning and design of a new major collector road that runs parallel to the Queen Ka`ahumanu Highway. Reference: Comm. 1069 Intr. by: Ms. Eoff 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. Eoff moved to pass Bill 244 on first reading. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Eoff MS. EOFF: I just wanted to thank the department for considering this CIP (Capital Improvement Project) at this time. I know it's the first initial step towards what would be the completion of Ane Keohokalole Highway, Phase 3a very expensive project that may take many years. But to do the plan and design is a good first step that I'm happy to support and grateful that it's being proposed here. So, I ask you to support this. Thank you. Page 35 Hawaii County Council-51 October 5,2016 CHR KANUHA: Thank you, Ms. Eoff. Ms. Wille. MS. WILLE: Can you just explain from what point to what point, what we're MS. EOFF: So right now, Ane Keohokalole Highway goes from Henry Street to Hinalani and then there's a plan for it to continue from Hinalani to Kaiminani, which is Kona Palisades. And then, the Palamanui developer has already put the stubouts from their—it was part of a requirement of their development rezoning. And so, they have a portion of Ane Keohokalole Highway going into their property and across Kaiminani a little ways and then it stops. So, there's a missing segment between Hinalani and Kaiminani that is going to be integral to the bus system and to getting traffic off Pulani Road and off of Queen Ka`ahumanu Highway during the rush hours. We need it now, but I know it's a ways off till completion. But it's, I think, a major part of the Kona CDP (Community Development Plan) and it's a very important road that needs to be started. MS. WILLE: So, it will pass the airport. MS. EOFF: It will go all the way to the airport, yeah. MS. WILLE: So, if you're going from Henry Street on it to the airport, what would your route be? MS. EOFF: You could either go from Kaiminani, you could turn down and then go to the airport, or in another case scenario you could go through Palamanui; there's going to be an exit to Queen Ka`ahumanu Highway. MS. WILLE: So, by when are you going to have this built, Karen? MS. EOFF: Right away—no. MS. WILLE: Okay, thank you. MS. EOFF: As soon as possible, actually. But I've been told it's probably a $40 million road. So, we're going to need some help, and at some point in time, it would go onto the STIP (State Transportation Improvement Program) and then hopefully there'd be an 80/20 split between the State and the County. MS. WILLE: Okay, thank you. CHR KANUHA: Thank you. Council Members, any other discussion? Page 36 Hawaii County Council-51 October 5,2016 MR. PALEKA: Just a comment. CHR KANUHA: Yeah, Mr. Paleka. MR. PALEKA: Just a great job getting this done `cause it's greatly needed. MS. EOFF: I just wanted to see the County initiate the project so we can keep moving on it. MR. PALEKA: Terrific. Thank you, Karen. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 244: The motion to pass Bill 244 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Bill 230: AMENDS CHAPTER 25, ARTICLE 4, DIVISION 5, SECTION 25-4-55 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING FOR PERSONS WITH DISABILITIES The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the zoning code, which would update accessible parking requirements in favor of compliance with applicable Federal and State requirements for a site or facility. Reference: Comm. 999 Intr. by: Mr. Eagan (B/R) First Reading: September 21, 2016 Page 37 Hawaii County Council-51 October 5,2016 Vote on Bill 230: Mr. Eagan moved to pass Bill 230 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Bill 235: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants —Hawai`i County Police Department (HCPD) Roadblock Program Grant account ($11,573); and appropriates the same to the HCPD Roadblock Program Grant account. Funds would be used to increase the number of arrests of drivers operating vehicles while under the influence of alcohol. Reference: Comm. 1042 Intr. by: Ms. Eoff First Reading: September 21, 2016 Vote on Bill 235: Ms. Eoff moved to pass Bill 235 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Page 38 Hawaii County Council-51 October 5,2016 Bill 236: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants —Hawai`i County Police Department (HCPD) Data Grant account ($10,680); and appropriates the same to the HCPD Data Grant account. Funds would be used to purchase Driver's License/State ID readers. Reference: Comm. 1043 Intr. by: Ms. Eoff First Reading: September 21, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 236 on second and final reading. Seconded by Mr. Paleka. CHR KANUHA: Any discussion? Mr. Paleka. MR. PALEKA: Just for clarification, where are these readers being used? Police? Okay, thank you. CHR KANUHA: Okay, thank you, Mr. Paleka. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 236: The motion to pass Bill 236 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Bill 237: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants —Occupant Protection Program account ($343); and appropriates the same to the Occupant Protection Program account. Funds would be used to enforce seat belt and child restraint laws. Reference: Comm. 1044 Intr. by: Ms. Eoff First Reading: September 21, 2016 Page 39 Hawaii County Council-51 October 5,2016 Vote on Bill 237: Ms. Eoff moved to pass Bill 237 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. Bill 238: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants —Speed Enforcement Grant account ($11,068); and appropriates the same to the Speed Enforcement Grant account. Additional funds would be used to purchase a Stalker Speed Awareness Monitor, with a total cost of$103,068. Reference: Comm. 1045 Intr. by: Ms. Eoff First Reading: September 21, 2016 Vote on Bill 238: Ms. Eoff moved to pass Bill 238 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR KANUHA: Motion passes. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) Page 40 Hawai`i County Council-51 October 5,2016 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 11:09 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha— 7. Noes: None. Absent: Council Members David and Onishi—2. Excused: None. CHR. KANUHA: We are adjourned. Council Approval: OCT 1 7 2018 #10 COUNTY LERK SM/dg Page 41