HomeMy WebLinkAboutMIN COUNCIL 2018-10-17 2016-2018 Hawaii County Council
51" Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
October 17, 2018
INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center 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
Ms. Eileen O'Hara, Member
Mr. Herbert M. "Tim" Richards, III, Member
Absent & Excused: 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. Lee Loy led the Council in the Pledge of
Allegiance.)
Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Poindexter.
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 (Note: At this time, Ms. Eoff, Mr. Kanuha, and Ms. David presented a Certificate
EXPRESSIONS OF of Merit for the 40th anniversary of the Ironman World Triathlon.)
CONDOLENCE:
Recess: At 9:19 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 9:21 a.m.
Hawaii County Council-51 October 17,2018
(Note: At this time, Ms. David, Mr. Kanuha, and Ms. Eoff presented a Certificate
of Merit to Oshima Bros. Inc. dba"Oshima Store"and three generations of
Oshima `ohana for their contributions to the economy, history, and social
well-being of the families of Kona and its visitors.)
Recess: At 9:32 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 9:36 a.m.
Relinquish Chair: At this time, Chair Poindexter relinquished the chair to Acting Chair Eoff
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: The following individuals registered to speak and came forward when called by
the Acting Chair:
Sandra K. Claveria: Res. 708-18 (Comm. 1105), in support.
Frank Salamanca: Res. 708-18 (Comm. 1105), in support.
Rene Siracusa: Res. 705-18 (Comm. 1102), in support.
(representing Malama O Puna)
Jon Olson: Res. 690-18 (Comm. 1072), in support.
Donni Sheather: Res. 724-18 (Comm. 1121), in support.
Colonel Deb Lewis: Res. 702-18 (Comm. 1099), in support;
(representing Hawaii Island Res. 703-18 (Comm. 1100), in support;
Women's Leadership Forum Res. 715-18 (Comm. 1112), in support; and
and Hawaii Island Veterans Res. 717-18 (Comm. 1114), in support.
Day Parade)
Miriam S. Guerrero: Res. 707-18 (Comm. 1104), comment.
(representing Big Island
Filipino Community Council)
Norman Arancon: Res. 707-18 (Comm. 1104), in support;
(representing Sakada Day Res. 708-18 (Comm. 1105), in support;
Celebration Committee— Res. 709-18 (Comm. 1106), in support;
University of Hawaii at Hilo) Res. 710-18 (Comm. 1107), in support; and
Res. 716-18 (Comm. 1113), in support.
Suzanne Kruppa: Res. 690-18 (Comm. 1072), in support.
Page 2
Hawaii County Council-51 October 17,2018
Farrah-Marie Gomes: Res. 703-18 (Comm. 1100), in support; and
(representing Hawaii Island Res. 717-18 (Comm. 1114), in support.
Women's Leadership Forum)
Jen Lawson: Res. 723-18 (Comm. 1120), in support.
(representing Waikoloa Dry
Forest Initiative)
Russell Bellman: Res. 690-18 (Comm. 1072), in support.
(representing Pahoa Village
Center and Suds `n Duds
Laundromat)
Leslie Lai: Res. 690-18 (Comm. 1072), in support.
(representing Kaleo's
Bar & Grill)
Lorraine Mendoza: Res. 707-18 (Comm. 1104), in support;
(representing Sakada Day Res. 708-18 (Comm. 1105), in support;
Committee) Res. 709-18 (Comm. 1106), in support;
Res. 710-18 (Comm. 1107), in support;
Res. 711-18 (Comm. 1108), in support;
Res. 712-18 (Comm. 1109), in support;
Res. 713-18 (Comm. 1110), in support;
Res. 714-18 (Comm. 1111), in support; and
Res. 716-18 (Comm. 1113), in support.
Glenn Carvalho: Res. 707-18 (Comm. 1104), comment;
Res. 708-18 (Comm. 1105), comment;
Res. 709-18 (Comm. 1106), comment;
Res. 710-18 (Comm. 1107), comment; and
Res. 716-18 (Comm. 1113), comment.
Norman Gaspar: Bill 186 (Comm. 1059), in opposition;
Bill 193 (Comm. 1088), in opposition; and
Bill 194 (Comm. 1089), in opposition.
Joseph Kekedi: Res. 728-18 (Comm. 1127), in support.
Greggor Eagan: Res. 702-18 (Comm. 1099), in support;
Res. 703-18 (Comm. 1100), in support;
Res. 717-18 (Comm. 1114), in support; and
Res. 728-18 (Comm. 1127), in support.
(See Comm. 1127.8)
Page 3
Hawaii County Council-51 October 17,2018
Abolghassem Abraham Res. 729-18 (Comm. 1130), in opposition;
Sadegh: Bill 190 (Comm. 1075), comment; and
Bill 195 (Comm. 1090), comment.
Dwight J. Vicente: Res. 662-18 (Comm. 1033), comment;
Res. 690-18 (Comm. 1072), comment;
Res. 691-18 (Comm. 1074), comment;
Res. 702-18 (Comm. 1099), comment;
Res. 708-18 (Comm. 1105), comment;
Res. 709-18 (Comm. 1106), comment;
Res. 710-18 (Comm. 1107), comment;
Res. 720-18 (Comm. 1117), comment; and
Res. 729-18 (Comm. 1130), comment.
Joyce Alberta Folena: Res. 690-18 (Comm. 1072), in support;
Res. 709-18 (Comm. 1106), comment; and
Bill 191 (Comm. 1076), in support.
Gregory T. Smith: Res. 690-18 (Comm. 1072), in support;
Res. 705-18 (Comm. 1102), in support;
Res. 708-18 (Comm. 1105), in support;
Res. 720-18 (Comm. 1117), in support;
Res. 728-18 (Comm. 1127), in support; and
Bill 191 (Comm. 1076), in support.
Amedeo Markof£ Res. 690-18 (Comm. 1072), in support.
(representing Puna Gallery
and Gift Emporium and
Mainstreet Pahoa Association)
Robert Yamada: Res. 729-18 (Comm. 1130), in support.
(representing Aha Kanaka
Moku O Keawe)
Christine Hijirida: Res. 703-18 (Comm. 1100), in support;
(representing Hawaii Island Res. 708-18 (Comm. 1105), in support;
Women's Leadership Summit) Res. 715-18 (Comm. 1112), in support;
Res. 717-18 (Comm. 1114), in support; and
Bill 191 (Comm. 1076), in support.
Mary Rose Krijgsman: Res. 704-18 (Comm. 1101), in support.
(representing Rainbow Friends
Animal Sanctuary)
Page 4
Hawaii County Council-51 October 17,2018
Linda Books: Res. 704-18 (Comm. 1101), in support.
(representing Rainbow Friends
Animal Sanctuary)
Chris Leonard: Res. 711-18 (Comm. 1108), in support;
(representing New West Res. 712-18 (Comm. 1109), in support;
Broadcasting Corporation - Res. 713-18 (Comm. 1110), in support; and
KWXX) Res. 714-18 (Comm. 1111), in support.
Kale Gumapac: Res. 729-18 (Comm. 1130), comment; and
(representing Aha Kanaka a statement on all other resolutions.
Moku O Keawe)
Recess: At 11:27 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 11:39 a.m.
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:
Res. 729-18: AUTHORIZES THE ACCEPTANCE OF A HAWAII KINGDOM COAT OF
ARMS BRONZE PLAQUE TO BE DISPLAYED IN THE OFFICE OF THE
MAYOR
Donated by Mr. Ed Vasquez, with an estimated value of$4,000.
Reference: Comm. 1130
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. Poindexter moved to adopt Res. 729-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Ms. Urban, from the Mayor's Office, can you please
come forward?
(Note: At this time, Executive Assistant Donna Urban-Higuchi, Office of
the Mayor, came forward to address the members of the Council.)
ACTING CHR. EOFF: Did you have some information to provide, or shall I just
open it up to the Council Members for discussion or questions?
MS. URBAN-HIGUCHL (Inaudible).
ACTING CHR. EOFF: Did you have any information to provide to us? I know
you wanted to speak.
Page 5
Hawaii County Council-51 October 17,2018
MS. URBAN-HIGUCHL Well, first of all, yes I do. So, my name is
Donna Urban-Higuchi. I'm one of the executive assistants of Mayor Harry Kim.
First of all, thank you for submitting or, rather, introducing the resolution
authorizing the acceptance of a Hawaii Kingdom coat of arms bronze plaque for
the Office of the Mayor.
I do have a few words to say about the artist who designed this Hawaiian royal
coat of arms. His name is Ed Vasquez, a very talented sculptor, made two
castings of the Hawaiian royal coat of arms. He gave one to the Mayor's Kona
office a few years ago. And when he moved back to California, he decided to
give the County of Hawaii his own copy. It shows the kapu twins, royal
counselors to King Kamehameha, at either side of the crest, the same coat of arms
found on the gates at `Iolani Palace. It's a very well-made piece that will find its
final home in the County of Hawaii, specifically in the Office of the Mayor in
Hilo.
ACTING CHR. EOFF: Thank you. Any questions, Council Members? Seeing
or hearing none, then, all in favor of adopting Resolution 729, please say "aye."
Vote on Res. 729-18: The motion to adopt Res. 729-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—7.
Noes: Council Member Chung— 1.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Thank you very much.
Res. 719-18: 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
ANEKONA OULI KANEHOA VFD COMPANY FOR EXPENSES
ASSOCIATED WITH THE FINAL PHASE OF THE CONSTRUCTION OF A
GARAGE FOR THE 9-BRAVO VOLUNTEER FIRE COMPANY IN
WAIKOLOA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Hawaii Fire Department, Training and
Volunteer Fire Other Current Expenses account.
Reference: Comm. 1116
Intr. by: Mr. Richards
Page 6
Hawaii County Council-51 October 17,2018
Motion to Approve: Mr. Richards moved to adopt Res. 719-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: Yeah, if I could have 9-Bravo come up real quick. Go on,
Guido. Mr. Shattuck, you too.
(Note: At this time, Guido Giacometti, President of Anekona Ouli
Kanehoa VFD Company, and Mike Shattuck, Captain of 9-Bravo
Volunteer Fire Company, came forward to address the members of the
Council.)
MR. RICHARDS: Just real quick, if you could give a brief description of what's
going forth. Chair, with a little bit of latitude, I'd like to include their
descriptions, and we'll call up the fire chiefs momentarily, but also your
resolution, Chair, um
ACTING CHR. EOFF: It's 725.
MR. RICHARDS: 725. If you'd just, since we're talking about the same thing,
just have a very brief overview of what's going on and then I'll make a few
comments. Go ahead.
MR. GIACOMETTL Certainly. Good morning, Council Members. I'm
Guido Giacometti. I'm the president of Anekona Ouli Kanehoa VFD Company.
We call it "AOK." What we do is support the volunteer fire company 9-Bravo.
9-Bravo has been very active in South Kohala, North Kona, and other areas,
assisting the regular department, who several members are here today, I presume
to show their support of what we are trying to do as a nonprofit.
We've purchased one large off-road surplus military truck, which is important in
wildfire prevention. We are also completing a development of a 2,000-square-
foot facility for storage of the vehicles and equipment for 9-Bravo. As I believe
most of you know, we've been at this for several years. We are virtually pau.
Thank you. There was a lot of help from the community, including funding from
public and private grants, donations, and many in-kind contributions.
So, why we're here today is to ask for and hope for the allocations that
Councilman Richards and Councilwoman Eoff have proposed to you today for
assistance in completing the final work so we can get an occupancy permit. Once
AOK has that occupancy permit for this facility, we'll come back to you and ask
you to accept the facility as a donation to the County for use by the Fire
Department. I'd be happy to answer any other questions you may have.
Page 7
Hawaii County Council-51 October 17,2018
MR. RICHARDS: Okay, thank you, Guido. Mike, do you have any comments?
Identify yourself by name.
MR. SHATTUCK: Good morning. I'm Mike Shattuck. I'm a volunteer with
9-Bravo, the captain of that company. We work in conjunction with HFD
(Hawai`i Fire Department). Basically, our job is to support them any time they
are called out. As a result, though, we end up going out a lot with them. Most of
the time, we do wildland fires, some structure fires occasionally.
The two of the apparatus that we have are off-road-capable vehicles, and that's
really where we do our major work. One Guido obtained for us. It's an old
military transport converted to an off-road 6X6 tanker. It's kind of unusual in the
sense that we can carry 1,200 gallons of water on that vehicle and get very deep
into the fire off-road, which the truck has proven quite capable. In fact, HFD is
actually looking at acquiring—they acquired one apparatus similar to that and
another one as well. We have seven volunteers in our company. We're on call
24/7 with dispatch. That basically says it all. Okay.
MR. RICHARDS: Okay, thank you, Mike and Guido. I'd like to call up the
chiefI'm going to say this wrong Pestra? Am I saying that correctly?
ACTING CHR. EOFF: Perreira.
MR. RICHARDS: Perreira? Did I say that right? Yeah. And Captain Ichimura.
Just as they're coming up, I just want to say this is 9-Bravo. This is something
Guido has been saying has been forthcoming for some time. It is an all-volunteer
group. It's unique in a sense that it has a wildfire fighting capability. And as was
stated, we had that 18,000-acre wildfire hit the Waikoloa area.
The capabilities of our volunteer fire departments in conjunction with working
with the fire department, I think the synergy between there is probably a little
unique. In fact, they've worked quite well together. The apparatus Captain Mike
was talking about was brand new in the Waimea fire house. Was that 9-Alpha?
Is that the correct terminology for the one in Waimea?
MR. PERREIRA: Station 9.
MR. RICHARDS: And that fire truck hit the ground and then went to work in
two days or something like that. So, the need to have this there is great. And so,
as a councilman for the district, and I have to thank Councilwoman Eoff also
because she borders our district, and all these fire apparatuses fight in that area.
So, with that, as Guido says, we're almost there; we're almost done.
Page 8
Hawaii County Council-51 October 17,2018
And so, with that, the 5,000 from District 9 and from District 8 should put you to
the finish line, we hope. So with that, Chief or Captain, do you have any
comments about 9-Bravo?
(Note: At this time, Assistant Chief Robert Perreira and Captain Michael
Ichimura, Fire Department, came forward to address the members of the
Council.)
MR. PERREIRA: Assistant Chief Robert Perreira. We just want to thank not
only 9-Bravo and their volunteers but also the community for their efforts in
supporting our community, supporting our fire department. We're just very
thankful and very appreciative of all their efforts to help us to protect our
community. So, thank you, guys. If there's anything I can do to help it move
forward, we'll get it done.
MR. RICHARDS: Thank you, Chief. Captain, any comments?
MR. ICHIMURA: Mike Ichimura, Fire Captain. I think Guido, Mike, and
Chief Perreira pretty much summed it well. But I want to start off with thanking
you for all your support. I know particularly Councilwoman Poindexter really
recognizes some of our Hamakua companies. We have companies islandwide.
But I also wanted to point out that Company 9-Bravo, it's a little-known fact that
they pretty much cover islandwide. They've been known to be called up
particularly because of their apparatus and skills, all the way to Mark Twain
Estates.
MR. RICHARDS: Wow.
MR. ICHIMURA: And they roll. They go and they work `em, and they do a
great job. Other than that, I think they all do a pretty good job in any situation.
What Guido and Mike are completing here, I also wanted to mention it serves a
great purpose because of their apparatus and their location. With this new garage,
what they're going to do is, actually, not only make the company more effective
but it will also help protect their apparatus. Thank you.
MR. RICHARDS: Okay, thank you. So, with that, I'll yield. But I guess that
this is great. We're actually getting something completed here and look forward
to getting that turned over the County. I yield.
ACTING CHR. EOFF: Thank you, Mr. Richards. Any other comments or
questions? No? Well, I'll just speak to this one so that you guys can go if you
want. But I just want to say thank you very much for approaching us and for the
opportunity to be able to support such a great project. Like Mr. Richards said,
knowing that our dollars help make something really happen and something
Page 9
Hawaii County Council-51 October 17,2018
tangible on the ground that will help our community, I feel really good about
being part of that. And thank you to all your volunteers, and thank you, Guido,
for your commitment to this project. Your perseverance, exactly. So, then, all in
favor please say "aye."
Vote on Res. 719-18: The motion to adopt Res. 719-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: The resolution is adopted. Thank you, guys. Thanks for
your patience all morning.
MR. PERREIRA: Thank you.
MR. ICHIMURA: Thank you.
Res. 728-18: URGES THE HAWAII CONGRESSIONAL DELEGATION AND THE
UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE
AGENCY TO WORK COLLECTIVELY TO LIFT THE CAP ON THE
NONINSURED CROP DISASTER ASSISTANCE PROGRAM DUE TO THE
CATASTROPHIC CIRCUMSTANCES FACED BY THE HAWAII ISLAND
AGRICULTURE INDUSTRY
The $125,000 per crop year cap is insufficient to cover the expenses needed to
clear, replant, fence, purchase inventory, and rebuild infrastructure that will be
required to recover from the lava disaster, which has affected cattle ranches,
papaya farms, and other forms of agriculture.
Reference: Comm. 1127
Intr. by: Mr. Richards
Waived: GREDC
(Note: Comm. 1127.1, from Council Member Herbert M. "Tim" Richards, III,
dated October 15, 2018, transmitting proposed amendments to Res. 728-18, was
circulated.)
Motion to Approve: Mr. Richards moved to adopt Res. 728-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Mr. Richards.
Page 10
Hawaii County Council-51 October 17,2018
MR. RICHARDS: Thank you, Chair. This is pretty straightforward, and we've
had testimony from Mr. Eagan concerning this. The long and short of it, it's
working through the political process to help get our farmers relief efforts in the
greater Puna district. There's been a lot of displaced farming, and there's a cap
on how much the Federal government is allowed to give. It's been worked on
before, as I understand, and has been waived previously. But facing what we're
facing now in estimates, Councilwoman O'Hara shared with me there's an
estimate of somewhere between a 28-to-$30-million loss in that area now. I
suspect that's a low number because I'm quite sure people participating in that
survey, I guess 50 percent. So, I think it's probably twice that.
If we don't help these farmers, we will lose these farmers and they won't come
back. So, we have to work hard to get them there. So, with that, I ask for your
support. This will be transmitted to our Federal delegation, and I will be
communicating with them to urge them. One note, Senator Hirono has been
working on this previously. Did not get it done for this effort, but this will help
reaffirm her efforts going forward. So, with that, I ask for my colleagues'
support.
ACTING CHR. EOFF: Thank you. Any other comments or questions?
Ms. O'Hara.
MS. O'HARA: I just want to thank Joe for coming over. I know it's a long drive
from the other side and to come over and support this effort by letting us hear
your story. And if I can share a little bit, he did receive compensation to the limit,
I believe, that they're currently allowed and it only covered 5 percent of his
inventory costs. So, that just gives you a picture of how hard hit the folks are who
have lost lands to lava and also lost crops. So, I'll be supporting this, and I hope
that Mr. Richards gets very active in his interactions with the congressional
delegation `cause all of this stuff takes a push. So, thank you for doing this.
ACTING CHR. EOFF: Ms. Lee Loy.
MR. RICHARDS: Oh, excuse me. Thank you. I do also have an amendment I'd
like to put forth. Communication 1127.1
Motion to Approve: Mr. Richards moved to amend Res. 728-18 with the
contents of Comm. 1127.1. Seconded by Ms. Lee Loy.
MR. RICHARDS: The long and short of it, it specifies some of the things I
mentioned concerning Senator Hirono and thanking our Federal delegation for
their efforts to get this thing done.
ACTING CHR. EOFF: Okay. Any other discussion on that? Seeing none, all in
favor of the amendment please say "aye."
Page 11
Hawaii County Council-51 October 17,2018
Vote on Motion to The motion to amend Res. 728-18 with the contents of
Amend: Comm. 1127.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Now, we can go back to the main motion, as amended.
MR. RICHARDS: I would like to thank Mr. Eagan for bringing this to my
attention and helping us get this thing done. Again, I ask for your support, and I
will be asking for a waiving of Rule
MR. HENRICKS: Can we suspend the rule that doesn't allow for further
discussion on voting after something's been amended first? And then if that
passes then we can go onto other things.
MR. RICHARDS: Okay.
MR. HENRICKS: We're at the impasse right now where something's been
amended, and we're supposed to halt.
ACTING CHR. EOFF: Okay. So, now we need a motion by Mr. Richards and
seconded by Ms. Poindexter to suspend the 5-day—
MR. HENRICKS: No, to suspend
ACTING CHR. EOFF: No, to suspend holding it over because this is the last
reading.
MR. HENRICKS: Rule 24.
ACTING CHR. EOFF: Okay, Rule 24.
Page 12
Hawaii County Council-51 October 17,2018
Vote on Motion to Mr. Richards moved to suspend Council Rule 24 to waive
Suspend Council the holdover for the substantive amendment of
Rules: Res. 728-18. Seconded by Ms. Poindexter and carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Now, we can continue to discuss.
MR. HENRICKS: The main motion, as amended.
ACTING CHR. EOFF: The main motion, as amended.
MR. RICHARDS: I've got nothing further to add. I just ask for your support.
ACTING CHR. EOFF: Okay. Are there any other comments? Okay, seeing
none, all in favor please say "aye."
Vote on Res. 728-18: The motion to adopt Res. 728-18, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 728, as amended, is
adopted.
MR. HENRICKS: Now would be a time that Mr. Richards could make the
motion to suspend Rule No. 15.
Page 13
Hawaii County Council-51 October 17,2018
Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive
Suspend Council the five-day hold for reconsideration. Seconded by
Rules: Ms. O'Hara and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Okay, now we can move on.
MR. RICHARDS: Thanks, everyone.
Res. 662-18: ACCEPTS A GRANT OF PEDESTRIAN PUBLIC ACCESS EASEMENTS,
IDENTIFIED AS TAX MAP KEYS: 5-3-007:010 (POR.) AND 5-3-007:041
(POR.), SITUATED AT HALAWA, PAPAA, AND NAPAPA`A, DISTRICT OF
NORTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII, FROM VIPASSANA HAWAII, A HAWAII NONPROFIT
CORPORATION AND INHABIT LLC, A DELAWARE LIMITED LIABILITY
COMPANY
The granting of pedestrian public access easements is a result of a settlement
agreement between the County and Surety Kohala Corporation entered into on
April 4, 2002.
Reference: Comm. 1033
Intr. by: Ms. David (B/R)
Approve: FC-141
Motion to Approve: Ms. David moved to adopt Res. 662-18 and Finance
Committee Report No. 141. Seconded by Mr. Richards.
ACTING CHR. EOFF: Any questions, Council Members, for Mr. Yeh?
MS. DAVID: Vice Chair, I just wanted to note that this passed out ofI don't
have any questions for Mr. Yeh, but this already passed Committee with eight
ayes, unanimous. So, I ask for your continued support.
ACTING CHR. EOFF: Thank you. Any other comments? Hearing none, all in
favor please say "aye."
Page 14
Hawaii County Council-51 October 17,2018
Vote on Res. 662-18: The motion to adopt Res. 662-18 and Finance Committee
(Adopted) Report No. 141 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Thank you, Mr. Yeh, for your patience as well.
Bill 191: 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 Federal Grants —State Homeland Security Program
Fiscal Year 2018 account ($120,000); and appropriates the same to the State
Homeland Security Program Fiscal Year 2018 account, for a total appropriation of
$720,000. Funds would be used for retrofitting hurricane shelters and key County
facilities, providing upgrades to the emergency operations center, to continue
coordination and collaboration with the island's community, and to provide
Community Emergency Response Team training.
Reference: Comm. 1076
Intr. by: Ms. David (B/R)
Approve: FC-148
Motion to Approve: Ms. David moved to pass Bill 191 on first reading and
adopt Finance Committee Report No. 148. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any questions or discussions, Council Members? Would
you like to bring Talmadge up or are we good? Well, I hear no questions, so all in
favor please say "aye."
Vote on Bill 191: The motion to pass Bill 191 on first reading and adopt
(Approved) Finance Committee Report No. 148 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Page 15
Hawaii County Council-51 October 17,2018
ACTING CHR. EOFF: Thank you.
Bill 190: 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 Federal Grants —Housing Choice Voucher Program
account ($53,293); and appropriates the same to the Voucher Rental Subsidies
account for a total appropriation of$18,948,293. Funds would be used for Housing
Assistance Payment subsidies.
Reference: Comm. 1075
Intr. by: Ms. David (B/R)
Approve: FC-147
Motion to Approve: Ms. David moved to pass Bill 190 on first reading and
adopt Finance Committee Report No. 147. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any discussion, Council Members, or questions?
Hearing none, all in favor please say "aye."
Vote on Bill 190: The motion to pass Bill 190 on first reading and adopt
(Approved) Finance Committee Report No. 147 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Bill 186: 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 Federal Grants —Housing Choice Voucher Program
account ($170,000); and appropriates the same to the Voucher Rental Subsidies
account for a total appropriation of$18,895,000. Funds would be used for the
Housing Assistance Payment subsidies.
Reference: Comm. 1059
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Page 16
Hawaii County Council-51 October 17,2018
Motion to Approve: Ms. David moved to pass Bill 186 on second and final
reading. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Any questions or comments? Hearing none, all in favor
please say "aye."
Vote on Bill 186: The motion to pass Bill 186 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Recess: At 12:08 p.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 12:52 p.m.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
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 October 5,
Minutes: 2016. Seconded by Mr. Richards and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Page 17
Hawaii County Council-51 October 17,2018
Vote on Approval of Ms. David moved to approve the Minutes of September 19,
Minutes: 2018. Seconded by Ms. Poindexter and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 690-18: REQUESTS AN AMNESTY PERIOD FROM JANUARY 2019 THROUGH THE
END OF FISCAL YEAR 2019-2020, DURING WHICH TIME REAL
PROPERTY TAX RATES FOR PROPERTIES ZONED COMMERCIAL WHERE
A LEGAL BUSINESS OPERATES OR PLANS TO OPERATE IN PAHOA AND
VOLCANO VILLAGE, THAT CONTINUE TO BE NEGATIVELY IMPACTED
BY THE 2018 LAVA EVENT, SHALL BE ASSESSED AT THE MINIMUM
TAX RATE
Requests relief from the full assessment of real property taxes as a means to support
businesses that report substantial financial losses due to the recent volcanic activity.
Reference: Comm. 1072
Intr. by: Ms. O'Hara
Negative: FC-142 (Due to a vote of 1-aye, 7-noes,
1-absent)
(Note: Comm. 1072.1, from Council Member Eileen O'Hara dated October 12,
2018, transmitting a news article from the Hawaii Tribune-Herald, was
circulated. Comm. 1072.2, from Council Member Eileen O'Hara dated
October 16, 2018, transmitting proposed amendments to Res. 690-18, was also
circulated.)
Motion to Approve: Ms. O'Hara moved to adopt Res. 690-18. Seconded by
Ms. Poindexter.
Page 18
Hawaii County Council-51 October 17,2018
ACTING CHR. EOFF: Ms. O'Hara.
MS. O'HARA: Thank you. I know that this did not receive a very positive
response at Council, although there were a couple of kanalua-noes. And so, I'm
hoping that people might be willing to reconsider. I have brought forth an
amendment, and I would like at this time to introduce Communication
No. 1072.2. I believe everybody has a copy.
ACTING CHR. EOFF: Yes, I think we have it in our folder. Do I have a second?
Motion to Amend: Ms. O'Hara moved to amend Res. 690-18 with the contents
of Comm. 1072.2. Seconded by Mr. Kanuha.
ACTING CHR. EOFF: Ms. O'Hara.
MS. O'HARA: Just explaining what that amendment does, it effectively narrows
the range of time over which this tax relief would be extended to just the second
half of this fiscal year. The impact on the County, then, is a loss of revenues of
approximately 200,000, according to our Real Property Tax office. And the
reason for doing that is, one, I really wanted to see if people could provide some
relief in the immediacy. We aren't getting any relief in Puna in any immediate
manner, and the government really hasn't done anything directly to help in terms
of economic development.
Now, we've heard from a number of business owners today. In the past, we heard
from Jon McElvaney at the first hearing, and he is the project manager for the
new Puna Kai shopping center, which is being, it's under construction. So, he's
valiantly trying to keep that going and ensure tenancy.
At the same time, we heard from property owner Colleen Mandala last time. Her
properties are leased to businesses, and she's been trying to give them tax breaks
but she can't continue to do that forever as the landlady, but it's because she
knows her tenants are struggling.
This morning we heard from Suzie Kruppa. She's the owner of Malama shopping
center. She gave us some very good statistics on how it's impacting all of those
businesses, which are all small businesses. She has, at this point, 3,000 square
feet of unleased property because no new tenants are coming in. They're having,
actually, a hard time—she didn't express this, but she told me—they're having a
hard time getting liability insurance right now. So, the likelihood of getting a new
tenant for landlords is very low. So, they have every incentive to help the existing
tenants.
We heard from Pele's Kitchen. We heard from Island Naturals. We heard from
Kaleo's. I've spoken with Luquins, and he's supporting this. We heard from the
Page 19
Hawaii County Council-51 October 17,2018
owners of Black Rock. We've heard from the owners of Sirius Cafe. We heard
from the owners of the Laundromat and Tiffany Edwards Hunt and her husband's
shop, the surf shop. We've heard from these people.
And I have also spoken with the Lava Shack, our resident bar; CJ would support
this, he just didn't make it in. And Boogie Woogie Pizza. We've already lost one
of our pizzerias in Pahoa town. And we have, at this point, lost three businesses
since May 3rd. I know, last timeoh, and we also heard from Jon Olson, who
didn't express it but is the vice-president of Main Street Pahoa. He came in and
testified on their behalf.
Now, last time there was some discussion that this is somehow procedurally
wrong, this method. And there really is nothing procedurally wrong with it. The
Real Property Tax and Finance are not supportive because this means a reduction
in revenues yet once again, and we all know things are very tight. But, for the
200,000, I think this is a worthy reduction, and it would really help my
constituents who are struggling. Many of them have lost their houses trying to
retain their businesses. So, they have personal losses, and those personal losses
are mounting as people are also losing jobs. As you heard from Kaleo's, Leslie
has had to cut back on her hours and staff Everybody in Pahoa town and
Volcano have been doing the same.
So, I really ask for your support. This is just a little tiny effort to try and show
that we, the County Council, are concerned about Pahoa town staying alive in the
short-term. In the long-term, things will hopefully get better. But this is relief
that's needed now. And at the rate that the County is moving, we're not going to
get anything in the near term. We've already blown the chance for a special
session to ask for more money. We had a presentation a month ago about the
lava-viewing site. It's going to take months and months for that to be put up. The
talk of a cultural center.
Again, all of this is going it to take a considerable amount of time. Meantime,
we're losing businesses and turning into a ghost town. And this is not productive.
We, the people of Puna, the entire district represents one-quarter of this island's
population, people. And they need some help now. So, I really want to stress
how important it is to take up this measure, and I ask for your positive support on
this amended version.
ACTING CHR. EOFF: Okay, thank you, Ms. O'Hara. Council Members, any
discussion on the amendment? Seeing none, let's take a vote on amending
Resolution 690 with the contents of Communication 1072.2. All in favor, please
say "aye."
Page 20
Hawaii County Council-51 October 17,2018
Vote on Motion to The motion to amend Res. 690-18 with the contents of
Amend: Comm. 1072.2 was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff–7.
Noes: Council Member Chung– 1.
Absent: Council Member Ruggles – 1.
Excused: None.
Vote on Motion to Ms. O'Hara moved to suspend Council Rule 24 to waive
Suspend Council the holdover for the substantive amendment of
Rules: Res. 690-18. Seconded by Mr. Richards and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff–8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Go ahead, Ms. O'Hara.
MS. O'HARA: Okay, so we're back on the main motion, as amended, and I had
also brought forth a recent article that is numbered Communication No. 1072.1.
You may have read it when it appeared in the paper, but it really speaks to the
struggles of keeping Pahoa town alive and we just gave awards to stores. I really
appreciated the little historic discussion of how a small town developed one
business at a time. And that's what has happened in Pahoa over time, and here we
are losing one business at a time. I'm just telling you it takes a lot to rebuild a
town. So, it's really important that we keep some of our core businesses in place.
I've reached out to all of the major andI'm saying "major"but they're all small
businesses—major businesses in town that have been the anchors of our small
town. And all are in support of this, so it's a very tiny little step. And I've also
reached out in Volcano, although we haven't heard more directly from them. The
same thing is happening up there. It's a very small step, and we're not talking
about a great loss to County revenues considering some of the other expenditures
that are being made in our Administration. So, I think we can afford this, and I
really think it's a gesture that would go a long way towards creating some
goodwill in the Puna district. So, I really ask for your support. Thank you.
ACTING CHR. EOFF: Okay, thank you. I'll open it up to other Council
Members who have comments. Ms. Lee Loy.
Page 21
Hawaii County Council-51 October 17,2018
MS. LEE LOY: Thank you, Chair. I really appreciate what Ms. O'Hara is doing.
She's just scrapping. She's scrapping for her community, and we would do the
exact same thing. That being said, I take exception to her modulating the
conversation we had with Deanna Sako and why my reasons for voting against
this the last time was it was an inappropriate vehicle; it wasn't the right way. This
isn't the proper way for us to legislate. That has not changed with this
amendment as I read through it.
Again, we would do the exact same thing and scrap. I think we have to go about
it a little smarter and in an appropriate policy way. So, I'm going to be voting
against this measure again. Thank you.
ACTING CHR. EOFF: Thank you. Other comments? Ms. Poindexter.
MS. POINDEXTER: Yeah, and I agree with Council Member Lee Loy. I get it
with Council Member O'Hara scrapping for her district. Because, like now, I
want to jump in if that was the right way to go because we had a big business that
closed down in the Waipi`o area that KS (Kamehameha Schools) is looking at a
new person to take care of that property. And a business, or several businesses in
that area are saying they have been so badly impacted by that.
And so, once we do it for one, then we've got to look at all of the entire island and
see what's going on there and if businesses are being affected because of some
type of, you know, whether it be a disaster or whether it just be decisions made by
other landowners that are effecting our businesses and economy. What is fair?
How do we become equitable in helping these businesses? So, I can understand
why this may not be the right way to deal with that. So, at this point, I cannot
support it either. So, thank you.
ACTING CHR. EOFF: Thank you, Ms. Poindexter. Any other comments? I'll
go to Mr. Chung.
MR. CHUNG: Yeah, thank you. I can't go so far as to say that this is
unprecedented because I don't know the history. There might have been a
situation where some sort of similar relief was given in the past. But I do know
this, it would set a bad precedent going forward.
As Ms. Poindexter stated, there are other situations where, due to economic or
macro factors,people have suffered economically in their businesses. For
example, we have Kawailani Street, which is in Ms. Lee Loy's district, but it's
been closed and will be closed for a while due to construction. And it's wreaking
havoc on the few commercial establishments that are in that area. And although
they would like to have some relief too, I'm sure, I don't think we can go that far
either. And that is in Hilo.
Page 22
Hawaii County Council-51 October 17,2018
We want to be driven by some sense of compassion, and I can certainly
understand the arguments being made. We don't want to lose those businesses.
But this thing is really wrapped around some other issues too, I mean with the
vacation rental bill. That's really important. That whole component was
important. It was an economic driver in that Puna area, and I don't know if we're
going to have that come back any time soon.
If there was any inclination on my part to support this bill, it went away with this
amendment because it's so speculative. This thing about planned to be operated
in Pahoa? I cannot support, and that's the reason why I didn't support this
amendment. People have their projections, certainly, and sometimes those
projections fall through. I might have possibly been inclined to show some or to
demonstrate my willingness to help those who actually suffered pecuniary losses
over there. I'm not saying I would have, but I'd be inclined to do it, but not after
this amendment was passed. So, that's my position. Thank you.
ACTING CHR. EOFF: Any other comments? Ms. David.
MS. DAVID: Thank you, Vice Chair. I, basically, was going to express my
concern as far as the precedent setting of this bill. And for that—oh, resolution.
And for that, I really think this is not something that we can legislate. The things
that happened, we, as members of the community, we choose to go into business
on our own. Businesses have certain risks. And now, we add an unforeseen
natural disaster, and we are expecting, now, the government to bear that burden.
I understand what you're saying. Part of my district is in the Volcano area, and I
really believe this is not something that we can legislate. I think our role is to
help the people in Puna with affordable housing and get them placed. Utilize all
of our governmental agencies and social services to get them help.
As far as the businesses go, their income generator is the lava flow. And so,
because it stopped, because it started, it generated income, but that's not
something that's under our control. I know you don't agree with anything that
we're saying. I just think that this is a precedent setting for the entire County of
Hawaii in the way that we put forth legislation to help our communities. So,
based on that, I cannot support this. So, I yield.
ACTING CHR. EOFF: Okay, thank you, Ms. David. Mr. Richards.
MR. RICHARDS: Thank you, Chair. Ms. O'Hara makes a compelling argument
from a compassionate standpoint. And in looking at the businesses and looking at
the impact they've had, I am inclined to support that intent. But, then, I take a
step back and I think about the little businesses on this side that were impacted as
well, and we're not taking into account their impact. And we can argue was it
more, is it less, is it the same? A little hard to measure that.
Page 23
Hawaii County Council-51 October 17,2018
But I know some of the little businesses impacted. In conversations with some of
the little bit bigger businesses, they said, "We've got a little bit more latitude. We
can manage around it. We're not going to make any profit, but we'll keep in
business till, hopefully, we can turn things around."
And so, we're supposed to be fair, and fair across the board as best as possible.
And I do want to support Puna, Pahoa. And I definitely hear that if we lose
businesses, rebuilding businesses is tough. But I'm also very mindful of the fact
that I think we may have lost businesses outside of that district for the same
reasons. Was it Jack's Tours that we were a casualty of, the tourism problem?
So, though I want to be supportive, I don't think this is the right modality. I'm
not sure about procedural, though I hear the concern on that. But I think we, I
think there's—legislating this for a specific area and for a specific reason as
actually more general I think that is setting a bad precedent going forward. So,
though I want to support Puna and Pahoa, I cannot support it in this method. So, I
will not be supporting. Thank you, I yield.
ACTING CHR. EOFF: Thank you, Mr. Richards. Any other comments?
MR. CHUNG: Chair, I wanted to say something else.
ACTING CHR. EOFF: All right, Mr. Chung.
MR. CHUNG: Let's say I had voted for this measure and it had passed, my vote
in favor of it would have been with the proviso that there's no assurances that I
would vote in favor of the Administration's—'cause right now we're urging the
Administration to do something. And so, if the Administration came back with a
relief plan, my vote in favor would not have guaranteed a favorable vote of the
Administration's action. And conversely, even if I'm voting against it today, if
the Administration on its own comes up with something, it doesn't foreclose the
possibility that I might ratify that action. But what I don't like about this, and I
got some communications from some concerned citizens. They said, "Look, this
is a non-binding resolution. So, what's the harm in passing this?" The harm is
this, I don't want to put the Administration in a position where they have to be the
bad guys. If they want to come up with something, they can do it. But don'tI
don't want to vote in favor of this and we pass it and it goes to them and then they
run the risk of being the bad guys. I just don't like that kind of gain. Thank you.
ACTING CHR. EOFF: Okay, thank you, Mr. Chung. Ms. O'Hara.
MS. O'HARA: Thank you. This might be unprecedented and I suspect that it is,
but it's not out of line with the normal way that we operate. In the context of
property tax relief, the Administration chose to give property tax relief. That did
not come to us for decisions. They chose to give real property tax relief over a
Page 24
Hawaii County Council-51 October 17,2018
wide swath of area in lower Puna where the properties were made inaccessible,
where the properties were inundated with lava, and even where those properties
received issues from gases and tephra. So, that was their choice to do.
When I asked the Mayor to do the commercial zoning, or not zoning but the
commercial real property tax piece, he said he would consider it but never got
back. And we gave up 3.9 million in real property tax revenues in the relief that
the Administration gave. This is only asking for another 200,000. As far as
planned, it's only for a short timeframe. So, I don't understand quite how that
issue plays out for you, Mr. Chung, but it's okay. We're only talking a six-month
period. And the reason "planned," `cause there are some properties that are
paying commercial tax that are in the process of building and they are still paying
property taxes. So, that's kind of why, I guess, that word was changed.
But this is perhaps unprecedented, but I need to remind the Council that this is our
role. We have fiduciary responsibility for this County. And while it's impossible
to do this in a manner that is completely equitable and fair, should we give this
portion back of taxes all across the board to businesses that may have suffered for
a period of time? It is different in Pahoa town. It is different in Volcano Village
than it is over here. You need to recognize that. We are directly impacted,
whereas the other businesses have been indirectly impacted.
The only reason I brought this back was one of our Council Members came up to
me after and said that if I did this amendment and reduced the time that it would
extend to, that she would support it. That's why I brought this back. That's why I
rallied the businesses to come forward and testify yet once again because I really
thought there was a change of mind happening in the Council and recognizing
that this is just a little tiny positive action that we can do for my community, for
the Volcano community. And I really thought we might be able to come to an
agreement on that today. But all I'm hearing is "no." And it's very similar to all
we're hearing from the Administration, "no."
It's really quite sad for the Puna district that that's the outcome of this request.
And I agree this is not a binding resolution. We are urging the Administration to
do so. Now, if they choose not to, they can defend that choice. But you all have
to defend your choice as well. And I'm sorry but I don't think it's going to sit
well with all of the small businesses, all 80 of them, that we have in the area of
Pahoa Village and Volcano Village. I'm sorry, but I really am disappointed that
there isn't a more greater concern. This is not an inappropriate way to do it. We
do our real property tax setting by resolution. And the Administration has already
selected a swath of entities to receive real property tax relief, they just did not
include this particular component at this point. Thank you.
ACTING CHR. EOFF: Any other comments?
Page 25
Hawaii County Council-51 October 17,2018
MR. CHUNG: Madam Chairman, I have a comment.
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: Yeah, thank you. Because, we're all into telling the truth, right,
over here. And that tax relief that was done for that large swath of land—and I'm
not accusing anyone of not telling the truth. I just want to make sure that there's
another side to that story. That was value based. Those lands became zero,
basically. What Ms. O'Hara is looking for in this proposal is something that deals
with an income-based assessment, and there's really no authority for something
like that.
Now, I'm not saying that I'm against any relief for those businesses there, but not
via this mechanism. It could be through grants or some other types of relief, but I
just wanted to make clarification on that representation that the Administration
had given tax relief to certain properties in that area. There's a big difference
between valuation- and income-based assessments. Thank you.
MS. O'HARA: Chair, can I ?
ACTING CHR. EOFF: Thank you, Mr. Chung. Go ahead, Ms. O'Hara.
MS. O'HARA: Mr. Chung, I'm not trying to misrepresent anything about the real
property tax situation in the lower Puna district, and not all the properties are now
valued at zero. The way the valuations were done on residential properties is the
way that we are allowed to do so by Code, which is a valuation based on adjacent
land values, recent sales, etc. And I appreciate how much work the Real Property
Tax office did to kind of come up with the appraised values. But our Code does
allow us to do commercial valuation based on income. Our Code does allow for
that. We're just not doing it.
So, I don't think this is out of—I've had all those discussions with Finance and
Real Property Tax, and I don't think this is unreasonable. This is not an
unreasonable request. It's a small request. And to be honest, the valuation of
properties at zero when there is a perfectly firm structural house that people are
now back to living in, for instance upper Leilani, is giving people cause for great
concern.
So, this is unprecedented. What we're doing here in response to this lava, all of it
is unprecedented. So, I wouldn't say that this would ever set precedence for in
the future unless we have another event that tracks similar to this lava event. I
don't see this setting a precedent for any future events. It may. We can't foretell
the future. But this is not something that's to be modeled after. This is a
Page 26
Hawaii County Council-51 October 17,2018
one-time request of the Administration to please consider this small piece of
commercial tax relief for the businesses that were most directly affected. And
that's all that it is.
So, I feel like we've made a lot out of nothing to be quite honest. But I'm sorry
that the rest of the Council can't see their way to support this, and I'll just keep it
at that. Thank you.
ACTING CHR. EOFF: Council Members, any other comments? Seeing none, I
guess I would just like to add that, yes, I think this whole Council wants to make
sure that all the help that can be given to those businesses will be there for them.
I have concerns about this resolution for many of the same reasons that have been
stated already. And I do remember, I believe it was Lisa or Deanna who
explained to us why the valuation on the businesses was different than those on
the homes. Part of it was what Mr. Chung has already stated. And so, that helped
me to understand the difference there.
I don't know if the better way to go about this would be for us individually to
speak to Finance. The thing is, what this does doesn't really solve their problem
for very long, or at all anyway. It's a small gesture. And the savings that they
will have for this, like one-half of a fiscal year, is kind of minor. I don't see
anything really turning around that fast. I mean, how long would—this would
only request the Mayor to consider it for just half of a fiscal year, but I don't see
how that would really be of a benefit. Because, the amount of time it's going to
take for a business to really turn around is going to be a lot longer than that.
So, I don't know if we want to continue the discussion. I'm kind of torn. I'm
wondering whether it would have been better for you to just keep pursuing
discussions with Finance and the Mayor about this. Maybe, like Mr. Chung had
said, maybe there would—having the effort put in that regard would have brought
a better resolution sooner, rather than going through this which is kind of a
painful process right now because we really don't know what to do. I mean, we
did vote prior and didn't support it, but it's difficult to put us in this position when
we do have compassion. I'm willing to continue discussions if anybody wants to.
I'm not trying to cut it off Mr. Richards.
MR. RICHARDS: Thank you, Chair. It's well pointed out that people are
compassionate. Mr. Chung brought up or made a statement concerning a grant,
and I would be supportive of trying to have some sort of metrics for a grant. And
again, Councilwoman O'Hara, you're right. All of this is unprecedented, and
we're dealing with stuff that is kind of hard to plan for because no one ever would
think we'd be facing something like this.
In my mind, it's a cashflow and I agree that this is a token effort to show the
concern. I got that, but I don't think that the tax relief is going to help so much as
Page 27
Hawaii County Council-51 October 17,2018
some sort of cashflow that they need to have them get in there. And I think by
trying to help them do that—and I don't know what the metrics are and I'm sure
other jurisdictions have dealt within some degrees in what was going on with
some of our states that have been hit with the hurricanes. Was it North Carolina
that had 99 percent of their FEMA (Federal Emergency Management Agency)
money denied? To me, it's a cashflow thing.
And again, I come back to the thing of what is fair to everybody. If we're going
to do a tax relief then I think we need to do a tax relief to everybody. And if
we're going to do that then we have to go back and look at our budget, and I think
it's a wrong path to go down. I think we need to look at some other way
financially of supporting the area and help them get on their feet. I support the
concern, I support the intent, but I don't support the direction. I hear you. I know
you're struggling. And as Councilwoman Lee Loy said, you're fighting hard for
your district. I got it. I hear you. But I think there's got to be a better way to do
it than through a tax thing `cause I don't think that's going to accomplish it,
No. 1, and though it's a token effort, I think it's the wrong direction to go. I yield.
ACTING CHR. EOFF: Okay, anybody else? Ms. O'Hara.
MS. O'HARA: And that's exactly the point. Mr. Richards just whispered in my
ear we should use the $5 million we have. This money is banked. We could offer
that. It is in the Council special—it's not in the Council's special fund, but a
special fund was set up to receive it. But that money got specific uses that it can
be applied to. So, the way you do that is to shift money around.
This is not going to break the County, this little token as you put it. But while it
seems like a little token, saving a local small business 1,500 to $3,500, which is
what this would realize in real terms, is in the case of a number of them the
difference between going broke and not. And it is done in the consideration that
times will get better. They're hanging on because they believe that times will get
better, and we all believe that this eruption will end and things will improve in
that area. But this is simply a token. And sorry it's not being supported widely,
but I'm not trying to set up the Council to look like the bad guys or set up the
Administration to look like the bad guys.
I'm just telling it like it is in Puna, and I can tell you how many times I've almost
regretted not supporting Ms. Ruggles', we often refer to it as the discrimination
resolution. I didn't support it because I didn't think it was written well. But Puna
continues to receive this kind of fiscal discrimination, and it is happening right
now in terms of the activities this government is not undertaking to assist in that
district. And it isn't our work, County Council, that is effecting that. It just
seems to be an attitude about Puna. We aren't being listened to. Nobody came to
Puna and asked how they felt about the short-term vacation rental bill. Before or
after this event, nobody came to solicit input.
Page 28
Hawaii County Council-51 October 17,2018
When we're doing large actions that affect the districts, we need to be out there
kind of asking, "How is this going to affect?" and studying how it's going to
affect. We can't just go around passing public policy and not look at the wide
range of effects. Because, well-intended policies, and maybe this is one of them,
can have negative unintended consequences. We need to look at it very broadly.
I thought this action was small enough that it avoids pretty much that, and it is
simply a token, as Mr. Richards said. But it could make the difference between
going out of business and not, for many of these small businesses, and that's just
what I'm trying to effect in my district at this point in time. Thank you.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: Yeah. Now, it's kind of strong words saying that we're
discriminating. Because if you say we're discriminating, I would think that this is
discriminating against the rest of us. Because when I look at if we want to
battle for our districts, which I know you are and great that you are, but you
cannot say we're discriminating against your district `cause I can use the same
argument. But that's wrong because what we're looking for is equality in
everything that we do for the entire island.
There's a lot of things in Hamakua I can try to fight for, but is that the right angle
to go and say, "Hey, give us a break on the real property taxes for our businesses
that are failing now and are ready to close too"? Because, the impact, not only
with the leases or things that are happening in that area, but the lava flow has
affected many of us in many different ways.
So, saying "discriminating" is kind of taking it, to me, too far because, if
anything, I would say you're discriminating against the rest of us by not looking
fairly to what's happening around the island. And then, when you say that we
didn't solicit, none of us solicited input for vacation rentals to anybody in Puna,
that is totally false. I've been talking to people who have been affected, who
actually were doing vacation rentals and ended up moving to Laupahoehoe and
into my district and wanted to talk. And I've also called people that live in that
area, and we've been talking about vacation rentals.
So, I don't want the public to hear what Council Member O'Hara is saying and
hold that as truth because we all have been working to try and help with what has
happened in Puna and the Puna people. I can tell you that all of us, I would
guarantee you, all of us have been talking with some people in Puna to try and
help in any way we can. That's who we are. So, I just wanted to publicly state
that, that I don't feel this is what we're considering discrimination. I think if we
vote for this, it may be considered discrimination against other communities. But
I just want to call for the question.
Page 29
Hawaii County Council-51 October 17,2018
Vote on Motion to Ms. Poindexter moved to call for the question. Seconded
Call for the Question: by Ms. Lee Loy and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Vote on Res. 690-18: The motion to adopt Res. 690-18, as amended to Draft 2,
Draft 2 failed by the following roll call vote:
Failed
Ayes: Council Member O'Hara— 1.
Noes: Council Members Chung, David, Kanuha,
Lee Loy, Poindexter, Richards, and
Acting Chair Eoff—7.
Absent: Council Member Ruggles — 1.
Excused: None.
(Note: Due to the negative recommendation in Finance Committee Report
No. 142, the report was adopted.)
ACTING CHR. EOFF: Resolution 690 is defeated.
Res. 691-18: ACCEPTS THE DEDICATION OF ROAD LOTS A, G, AND R-1, IDENTIFIED
AS TAX MAP KEYS: 7-4-024:013 AND 7-4-024:016, SITUATED AT
HONOKOHAU 2ND, DISTRICT OF NORTH KONA, ISLAND AND COUNTY
OF HAWAII, STATE OF HAWAII, FROM MCCLEAN HONOKOHAU
PROPERTIES, A HAWAII LIMITED PARTNERSHIP
The County seeks dedication of these road lots for public roadway purposes,
pursuant to Chapter 23 of the Hawaii County Code.
Reference: Comm. 1074
Intr. by: Ms. David (B/R)
Approve: PWPRC-51
Page 30
Hawaii County Council-51 October 17,2018
Vote on Res. 691-18: Ms. David moved to adopt Res. 691-18 and Public Works
(Adopted) and Parks and Recreation Committee Report No. 51.
Seconded by Mr. Richards and carried by the following
voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 692-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII
Provides $5,000 from the Department of Research and Development to the
University of Hawaii to fund its "Developing New Selections of Native Hawaiian
Plants for the Floriculture and Nursery Industries"project proposal. Funds would
be used to collect,propagate, and evaluate several native and endemic Hawaiian
plants for potential uses in floriculture and nursery industries.
Reference: Comm. 1077
Intr. by: Ms. David (B/R)
Approve: FC-143
Motion to Approve: Ms. David moved to adopt Res. 692-18 and Finance
Committee Report No. 143. Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MR. RICHARDS: Chair?
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: Yeah,just a quick note for a little latitude, please, for 692, 3,
4, and 5. We're talking about education. We're talking about supporting
agriculture going forward. Again, great direction I support.
ACTING CHR. EOFF: Okay, thank you. Any other comments? Hearing none,
all in favor please say "aye."
Page 31
Hawaii County Council-51 October 17,2018
Vote on Res. 692-18: The motion to adopt Res. 692-18 and Finance Committee
(Adopted) Report No. 143 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 693-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII
Provides $7,994.80 from the Department of Research and Development to the
University of Hawaii to fund its "Artificial Insemination as a Tool to Improve
Livestock Genetics in Hawaii County"project proposal. Funds would be used to
conduct training with beef and swine producers on artificial insemination
techniques, record keeping, basic herd management, and preparation of publication
material.
Reference: Comm. 1078
Intr. by: Ms. David (B/R)
Approve: FC-144
Vote on Res. 693-18: Ms. David moved to adopt Res. 693-18 and Finance
(Adopted) Committee Report No. 144. Seconded by Mr. Richards
and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Page 32
Hawaii County Council-51 October 17,2018
Res. 694-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII
Provides $12,000 from the Department of Research and Development to the
University of Hawaii to fund its "Using Taro Breeding to Overcome Disease and
Empower Farmers"project proposal. Funds would be used to release new taro
hybrids, educate producers and the public about the new varieties and their
cultivation, and to educate producers on the taro breeding process.
Reference: Comm. 1079
Intr. by: Ms. David (B/R)
Approve: FC-145
Vote on Res. 694-18: Ms. David moved to adopt Res. 694-18 and Finance
(Adopted) Committee Report No. 145. Seconded by Mr. Richards
and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 695-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII
Provides $7,000 from the Department of Research and Development to the
University of Hawaii to fund its "Applied Research for Grafting Macadamia,
Cacao, and Avocado"project proposal. Funds would be used to conduct training
on four grafting techniques with macadamia nut, avocado, and cacao producers.
Reference: Comm. 1080
Intr. by: Ms. David (B/R)
Approve: FC-146
Motion to Approve: Ms. David moved to adopt Res. 695-18 and Finance
Committee Report No. 146. Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: Just one notation. All these resolutions for the funding to UH
(University of Hawaii) for these projects were all unanimously passed in
Committee. So, I ask for your continued support.
Page 33
Hawaii County Council-51 October 17,2018
ACTING CHR. EOFF: Thank you. All in favor, say "aye."
Vote on Res. 695-18: The motion to adopt Res. 695-18 and Finance Committee
(Adopted) Report No. 146 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 695 is adopted.
Res. 702-18: 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 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1099
Intr. by: Ms. Eoff
Motion to Approve: Mr. Richards moved to adopt Res. 702-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Mr. Richards, would you like to comment now, and
then ?
MR. RICHARDS: I think we got quite a bit of testimony on the veterans and
Veterans Day Parade. It seems to be growing, and I ask on behalf of
Councilwoman Eoff for your support on hers but I'll ask for your support on
mine.
ACTING CHR. EOFF: Thank you. I'll just ditto that and take a vote. All in
favor of Resolution 702, please say "aye."
Page 34
Hawaii County Council-51 October 17,2018
Vote on Res. 702-18: The motion to adopt Res. 702-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Res. 715-18: 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 9); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1112
Intr. by: Mr. Richards
Vote on Res. 715-18: Mr. Richards moved to adopt Res. 715-18. Seconded by
(Adopted) Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Page 35
Hawaii County Council-51 October 17,2018
Res. 703-18: 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 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1100
Intr. by: Ms. Eoff
Motion to Approve: Mr. Richards moved to adopt Res. 703-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Mr. Richards. We have the same situation here too.
MR. RICHARDS: Man, I've got allergies bad. We've heard a lot of testimony
on this, and again supporting good direction. I would say the County Council's
ahead on the curve on this one, recognizing leadership on the Council. I ask for
your support.
ACTING CHR. EOFF: Thank you, Mr. Richards. Okay, all in favor please say
Ic aye.
Vote on Res. 703-18: The motion to adopt Res. 703-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Page 36
Hawaii County Council-51 October 17,2018
Res. 717-18: 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 $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Office of Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 1114
Intr. by: Mr. Richards
Vote on Res. 717-18: Mr. Richards moved to adopt Res. 717-18. Seconded by
(Adopted) Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Res. 704-18: 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
RAINBOW FRIENDS ANIMAL SANCTUARY TO SUPPORT ITS
MONTHLY SPAY AND NEUTER CLINICS
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1101
Intr. by: Ms. O'Hara
Motion to Approve: Ms. O'Hara moved to adopt Res. 704-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. O'Hara, any comments?
MS. O'HARA: No,just ask for your support.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Page 37
Hawaii County Council-51 October 17,2018
Vote on Res. 704-18: The motion to adopt Res. 704-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Chung and Ruggles —2.
Excused: None.
Res. 705-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O
PUNA TO ASSIST WITH THE OPERATION MICONIA PROJECT
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expense account.
Reference: Comm. 1102
Intr. by: Ms. O'Hara
Motion to Approve: Ms. O'Hara moved to adopt Res. 705-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any comments?
MS. O'HARA: Just asking for your support.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Vote on Res. 705-18: The motion to adopt Res. 705-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Page 38
Hawaii County Council-51 October 17,2018
Res. 706-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA
2020 TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 10TH PRINCE
KUHIO HO`OLAULE`A FESTIVAL
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1103
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 706-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Comments?
MR. KANUHA: Just briefly. I ask for your support and mark everybody's
calendars for March 23rd, 2019. Please show up and have fun.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Vote on Res. 706-18: The motion to adopt Res. 706-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Res. 707-18: 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 HILO-
HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE
SAKADA DAY CELEBRATION 2018
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1104
Intr. by: Ms. David
Page 39
Hawaii County Council-51 October 17,2018
Motion to Approve: Ms. David moved to adopt Res. 707-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Do you have a comment or
MS. DAVID: No,just ask for your support based on all the testimonies that we
received this morning. Thank you.
ACTING CHR. EOFF: All in favor, say "aye."
Vote on Res. 707-18: The motion to adopt Res. 707-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 708-18: 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 HILO-
HAMAKUA COMMUNITY DEVELOPMENT CORPORATION TO ASSIST
WITH EXPENSES RELATED TO THE SAKADA DAY CELEBRATION 2018
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1105
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 708-18. Seconded by
Ms. David.
MR. KANUHA: Real quickly.
ACTING CHR. EOFF: Sure, go ahead.
MR. KANUHA: Thank you. I ask for your support, of course. The Sakada Day
Celebration will be held on December 161h, 2018, in Hamakua. Correct? Okay.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Page 40
Hawaii County Council-51 October 17,2018
Vote on Res. 708-18: The motion to adopt Res. 708-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 709-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HILO-
HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE
SAKADA DAY CELEBRATION 2018
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1106
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 709-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any other comment?
MS. POINDEXTER: No. I think we heard a lot of testimony, and Council
Member Kanuha just spoke about it. So, thank you.
ACTING CHR. EOFF: Okay, all in favor say "aye."
Vote on Res. 709-18: The motion to adopt Res. 709-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Page 41
Hawaii County Council-51 October 17,2018
Res. 710-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HILO-
HAMAKUA COMMUNITY DEVELOPMENT CORPORATION TO ASSIST
WITH THE SAKADA DAY CELEBRATION 2018
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1107
Intr. by: Ms. O'Hara
Motion to Approve: Ms. O'Hara moved to adopt Res. 710-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any further comments?
MS. O'HARA: Ah, yes, I was disappointed to learn that the Sakada Day
Celebration got moved from its original location at Sacred Heart Church in Pahoa,
but I still want to support it.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
Vote on Res. 710-18: The motion to adopt Res. 710-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Page 42
Hawaii County Council-51 October 17,2018
Res. 716-18: 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 HILO-
HAMAKUA COMMUNITY DEVELOPMENT CORPORATION TO ASSIST
WITH EXPENSES RELATED TO THE SAKADA DAY CELEBRATION 2018
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Research and Development,
Hawaii County Resource Center account.
Reference: Comm. 1113
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 716-18. Seconded by
Ms. David.
ACTING CHR. EOFF: No more comments?
MR. RICHARDS: No more comments.
ACTING CHR. EOFF: All in favor,please say "aye."
Vote on Res. 716-18: The motion to adopt Res. 716-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Page 43
Hawaii County Council-51 October 17,2018
Res. 711-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND CULTURAL AWARENESS PROJECT FOR A
REIMBURSEMENT OF PUBLIC SAFETY AND SANITATION EXPENSES
FROM THE 25TH ANNUAL KWXX HO`OLAULE`A
Transfers $4,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1108
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 711-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. And for Resolutions 712, 13, and 14,just
mahalo. This was an incredible event, and I'm not kidding. Probably
25,000 people were at Downtown Hilo. It's really become a signature event. I
appreciate that these funds are on this particular agenda on a day that we honored
the Ironman for its 40 years of commitment and becoming a signature world-
known event. This year's 25�h annual KWXX is on that same trajectory, I hope.
But I appreciate everyone's support. Thank you.
ACTING CHR. EOFF: Thank you. Any other comments? Hearing none, all in
favor please say "aye."
Vote on Res. 711-18: The motion to adopt Res. 711-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 711 is adopted.
Page 44
Hawaii County Council-51 October 17,2018
Res. 712-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND CULTURAL AWARENESS PROJECT FOR A
REIMBURSEMENT OF PUBLIC SAFETY AND SANITATION EXPENSES
FROM THE 25TH ANNUAL KWXX HO`OLAULE`A
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1109
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 712-18. Seconded by
Ms. David.
ACTING CHR. EOFF: Any discussion?
MR. KANUHA: Briefly.
ACTING CHR. EOFF: Go ahead.
MR. KANUHA: Happy to support this. Even though this wasn't in my district, I
know a lot of people from my district that went to celebrate in Hilo for this
KWXX Ho`olaule`a. So, happy to support the Hawaii Island cultural awareness
project with this support from District 7. So, I'm glad to help out.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Vote on Res. 712-18: The motion to adopt Res. 712-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Page 45
Hawaii County Council-51 October 17,2018
Res. 713-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND CULTURAL AWARENESS PROJECT FOR THE
REIMBURSEMENT OF EXPENSES INCURRED FROM THE 25TH ANNUAL
KWXX HO`OLAULE`A
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1110
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 713-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any comments?
MR. RICHARDS: Quick comment, yes.
ACTING CHR. EOFF: Go ahead.
MR. RICHARDS: I'm also happy to support the Hawaii Island cultural
programs and at the strong encouragement of Councilwoman Lee Loy.
ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye."
Vote on Res. 713-18: The motion to adopt Res. 713-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
Page 46
Hawaii County Council-51 October 17,2018
Res. 714-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND CULTURAL AWARENESS PROJECT FOR THE
REIMBURSEMENT OF PUBLIC SAFETY AND SANITATION EXPENSES
INCURRED FROM THE 25TH ANNUAL KWXX HO`OLAULE`A
Transfers $1,600 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1111
Intr. by: Mr. Chung
Vote on Res. 714-18: Mr. Chung moved to adopt Res. 714-18. Seconded by
(Adopted) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 718-18: 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 REIMBURSE EXPENSES RELATING TO THE 43RD ANNUAL WAIMEA
PANIOLO PARADE AND HO`OLAULE`A
Transfers $2,000 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. 1115
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 718-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any comments?
MR. RICHARDS: Just quick.
Page 47
Hawaii County Council-51 October 17,2018
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: This already occurred. It happened in September,
September 15'h. Each year, we have a paniolo parade in Waimea, home of the
paniolo, and I ask for your support. It's, again, along the same venues of cultural
support. I ask for your support.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Vote on Res. 718-18: The motion to adopt Res. 718-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries.
Res. 720-18: 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
FOR REIMBURSEMENT OF EXPENSES INCURRED AT THE 6TH ANNUAL
HAWAII ISLAND ALL NATIONS POWWOW
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1117
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 720-18. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Do you have any comments or ?
MR. RICHARDS: Yeah,just real quick. Again along the same lines of cultural
support, recognizing all cultures that we have here on the Big Island. My wife is
Choctaw, and so I, again, supporting alloh, and so is Councilman Kanuha. So,
again supporting all cultures.
ACTING CHR. EOFF: Thank you, Mr. Richards. All in favor, please say "aye."
Page 48
Hawaii County Council-51 October 17,2018
Vote on Res. 720-18: The motion to adopt Res. 720-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 720 is adopted.
Res. 721-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ARTIST COLLABORATION TO ASSIST WITH PURCHASING
ART SUPPLIES AND MATERIALS FOR STUDENTS AT KEALAKEHE
AND KAHAKAI ELEMENTARY SCHOOLS
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1118
Intr. by: Ms. Eoff
Motion to Approve: Ms. Poindexter moved to adopt Res. 721-18. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: I've been supporting this for a couple of years now, and I
feel that helping to provide these art supplies for the schools is a good thing for
the keiki. So, I ask for your support. Thank you. Mr. Kanuha.
MR. KANUHA: Thank you, Madam Chair. I'll support this. Hopefully, I think,
maybe my last resolution will be going through. I hope so. If not, then I'll ask
the next Council Member to do something. But anyways, this is a good event that
happened last year as well, and I always hear from the teachers that it's hard
because a lot of the kids, they don't have the supplies they need for school. And a
lot of times the teachers pay for a lot of the supplies, and you know how we're
also dealing with the amount of pay that teachers are currently getting. So, it
takes a lot for them. They really sacrifice a lot for their kids, and they want their
kids to succeed. So, any little bit helps. And this program really does help the
teachers and the students who need these supplies. So, thanks to those who
organize this, and thanks, Ms. Eoff, for always supporting this program.
Page 49
Hawaii County Council-51 October 17,2018
ACTING CHR. EOFF: Okay, thank you, and thank you for your resolution that's
coming. Okay. All in favor,please say "aye."
Vote on Res. 721-18: The motion to adopt Res. 721-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 721 is adopted.
Res. 722-18: 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
GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO ASSIST WITH
EXPENSES RELATING TO THE 4TH ANNUAL DOMESTIC VIOLENCE
SUMMIT
Transfers $2,000 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. 1119
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 722-18. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any comments, Ms. Lee Loy?
MS. LEE LOY: No,just asking for your support. Thank you.
ACTING CHR. EOFF: Okay. Mr. Richards.
MR. RICHARDS: Yeah, I appreciate Councilwoman Lee Loy bringing this
forward. It's a big issue, and we don't talk about it enough I think. So, I
appreciate you doing that. I'll be supporting.
ACTING CHR. EOFF: Okay, thank you, Mr. Richards. All in favor, say "aye."
Page 50
Hawaii County Council-51 October 17,2018
Vote on Res. 722-18: The motion to adopt Res. 722-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 722 is adopted.
Res. 723-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIKOLOA
DRY FOREST INITIATIVE FOR POST-FIRE FOREST RESTORATION
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Hawaii Fire Department, Fire Protection
Other Current Expenses account.
Reference: Comm. 1120
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 723-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments?
MR. RICHARDS: You heard testimony on this, and we have the Waikoloa dry
forest. We lost 18,000 acres in a range fire, but there is a very short window of
opportunity to maybe make a little bit of difference and do some replanting of
some native species. So, that's what this is about, and that's why it was kind of
rushed through. So, I ask for your support. It's all in the right direction. If you
haven't been to that dry forest, they've really done some interesting things with
their pavilion and their walks.
ACTING CHR. EOFF: Okay, all in favor please say "aye."
Page 51
Hawaii County Council-51 October 17,2018
Vote on Res. 723-18: The motion to adopt Res. 723-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Resolution 723 is adopted.
Res. 724-18: 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
WAIMEA PRESERVATION ASSOCIATION FOR TRANSPORTATION
EXPENSES RELATING TO THE RESCUE FOOD PROGRAM IN WAIMEA
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 1121
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 724-18. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments?
MR. RICHARDS: Yeah, again, real quick. You heard what Donnie talked about,
and this is just repurposing food. It's wholesome food. Otherwise, it would be
thrown away. She's taken it upon herself to organize this. It's a great thing
`cause what we're doing is we're slowing down the waste. She made a comment
that 40 percent of the food that is cooked is actually thrown away. This has been
repeated and repeated in universities, everywhere, studying that. We actually
throw away almost half of what we are producing. And so, if we look to the
future, we've got to figure out how to be more efficient with that and here's a
step. I ask for your support.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Page 52
Hawaii County Council-51 October 17,2018
Vote on Res. 724-18: The motion to adopt Res. 724-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries and Resolution 724 is adopted.
Res. 725-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ANEKONA
OULI KANEHOA VFD COMPANY TO COMPLETE CONSTRUCTION OF A
GARAGE FOR VOLUNTEER FIRE COMPANY, 9-BRAVO
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Hawaii Fire Department, Training and
Volunteer Fire Other Current Expenses account.
Reference: Comm. 1122
Intr. by: Ms. Eoff
Motion to Approve: Mr. Richards moved to adopt Res. 725-18. Seconded by
Ms. David.
ACTING CHR. EOFF: I don't know if Mr. Richards has any further comment for
me, but
MR. RICHARDS: No, we talked about this.
ACTING CHR. EOFF: I would just like to,just once again, thank Mr. Richards.
And I'm thankful that I was involved too because, between our two contingencies,
that's $10,000 to get this project just about completed. And as I've found over
the years, those projects that actually have their buildings on the ground or
something very tangible, it's really rewarding to know that we can play a part of
that. So, I ask for your support. All in favor,please say "aye."
Page 53
Hawaii County Council-51 October 17,2018
Vote on Res. 725-18: The motion to adopt Res. 725-18 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Motion carries and Resolution 725 is adopted.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Bill 189: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY
OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIAKEA,
SOUTH HILO, HAWAII TAX MAP KEYS: 2-4-001:177, 185, AND 186
(Applicant: Hawaii Island Community Development Corporation)
(Area: approximately 9.379 acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment for the Mohouli Heights Senior Neighborhood Project, which
seeks to provide affordable housing and other related senior services in South
Hilo. The properties are located 608 feet west of the intersection of Mohouli
Street and Komohana Street.
Reference: Comm. 1064
Intr. by: Ms. Eoff(B/R)
Approve: PC-73
Motion to Approve: Ms. Poindexter moved to pass Bill 189 on first reading and
adopt Planning Committee Report No. 73. Seconded by
Mr. Richards.
ACTING CHR. EOFF: I ask for your continued support. Any comments?
Seeing none, all in favor please say "aye."
Page 54
Hawaii County Council-51 October 17,2018
Vote on Bill 189: The motion to pass Bill 189 on first reading and adopt
(Approved) Planning Committee Report No. 73 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 189 moves to second reading.
Bill 203: 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 Federal Grants —Sexual Assault Nurse Coordinator
account ($623); and appropriates the same to the Sexual Assault Nurse
Coordinator account. Funds would be used to improve the County's response and
victim services involving crimes against women.
Reference: Comm. 1128
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 203 on first reading.
Seconded by Ms. Lee Loy.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Just ask for your support. Thank you.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Vote on Bill 203: The motion to pass Bill 203 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 203 moves to second reading.
Page 55
Hawaii County Council-51 October 17,2018
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Bill 186 was taken up previously, out of order.)
Bill 193: 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 Federal Grants —Hawai`i County Police Department
(HCPD) Data Grant account ($40,000); and appropriates the same to the HCPD
Data Grant account for a total appropriation of$56,520. Funds would be used to
purchase ten mobile data terminal Toughbook computers.
Reference: Comm. 1088
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Vote on Bill 193: Ms. David moved to pass Bill 193 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 193 is adopted.
Bill 194: 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 Federal Grants —Distracted Driving Project account
($4,200); and appropriates the same to the Distracted Driving Project account for
a total appropriation of$62,200. Funds would be used to increase the number of
citations issued for driving while operating an electronic mobile device.
Reference: Comm. 1089
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Page 56
Hawaii County Council-51 October 17,2018
Vote on Bill 194: Ms. David moved to pass Bill 194 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 194 is adopted.
Bill 195: 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 Federal Grants —Hawai`i County Police Department
(HCPD) Traffic Investigation Program account ($34,340); and appropriates the
same to the HCPD Traffic Investigation Program account for a total appropriation
of$105,840. Funds would be used to increase the number of officers trained in
advanced traffic accident reconstruction and other traffic-crash related courses.
Reference: Comm. 1090
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Vote on Bill 195: Ms. David moved to pass Bill 195 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 195 is adopted.
Page 57
Hawaii County Council-51 October 17,2018
Bill 196: 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 Federal Grants —Occupant Protection Program account
($11,000); and appropriates the same to the Occupant Protection Program account
for a total appropriation of$90,000. Funds would be used to increase the number
of seatbelt and child restraint citations issued and to purchase 35 tint meters and a
canopy tent.
Reference: Comm. 1091
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Vote on Bill 196: Ms. David moved to pass Bill 196 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 196 is adopted.
Bill 197: 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 Federal Grants —High Intensity (HI) Impact Grant
account ($126,624); and appropriates the same to the HI Impact Grant account for
a total appropriation of$308,624. Funds would be used to combat the
methamphetamine drug problem in Hawaii County by conducting sting
operations and training police officers in the enforcement of these drug-related
cases.
Reference: Comm. 1092
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Page 58
Hawaii County Council-51 October 17,2018
Vote on Bill 197: Ms. David moved to pass Bill 197 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
ACTING CHR. EOFF: Bill 197 is adopted.
Bill 198: 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 Reimburse Debt Service—Department of Water Supply
account ($201,422); and appropriates the same to the General Serial Bond
Redemption—County account for a total appropriation of$28,857,753. Funds
would be used to pay off the department's Happy Homes United States
Department of Agriculture Loan No. 9.
Reference: Comm. 1093
Intr. by: Ms. David (B/R)
First Reading: October 3, 2018
Vote on Bill 198: Ms. David moved to pass Bill 198 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Ruggles — 1.
Excused: None.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
(There were none.)
Page 59
Hawaii County Council-51 October 17,2018
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There were none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 2:13 p.m., Ms. Lee Loy moved to adjourn the
MENT: meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff— 8.
Noes: None.
Absent: Council Member Ruggles— 1.
Excused: None.
ACTING CHR. EOFF: Thank you, Council Members. This meeting's
adjourned.
Council Approval: NOV 2 0 2018
COU; Y CLERK
SM/dg
Page 60