HomeMy WebLinkAboutMIN COUNCIL 2019-05-08 2018-2020 Hawaii County Council
11th Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
May 8, 2019
INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:09 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting
Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Chair
Ms. Karen Eoff, Vice Chair
Ms. Maile Medeiros David, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Valerie T. Poindexter, Member
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Lee Loy led the Council in the Pledge of
Allegiance.)
PETITIONS, The Acting Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Acting Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Acting Chair:
Hawaii County Council-11 May 8,2019
Jeno Enocencio: Bill 49, Draft 2 (Comm. 198.4), comment.
Peter Kubota: Res. 148-19 (Comm. 245), in support.
(representing Friends of
Drug Court)
Abolghassem Abraham Res. 150-19 (Comm. 248), comment; and
Sadegh: Bill 51 (Comm. 201), comment.
Dwight J. Vicente: Bill 47, Draft 2 (Comm. 196.3), comment;
Bill 48 (Comm. 197), comment;
Bill 49, Draft 2 (Comm. 198.4), comment;
Bill 58 (Comm. 224), comment; and
Bill 69 (Comm. 259), comment.
Grayson Hashida: Res. 148-19 (Comm. 245), in support.
(representing Hawaii State
Judiciary)
Zackery Meno: Res. 148-19 (Comm. 245), in support.
Joseph Wike: Res. 148-19 (Comm. 245), in support.
Keoni Cassidy: Res. 148-19 (Comm. 245), in support.
Adolfo Pascubillio: Res. 148-19 (Comm. 245), in support.
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval of Mr. Richards moved to approve the Minutes of April 10,
Minutes: 2019. Seconded by Ms. Poindexter and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Page 2
Hawaii County Council-11 May 8,2019
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
ACTING CHR. EOFF: I had been asked, actually yesterday, to take the three
housing itemsthey're Bills 50, 51, and 59—out of order. And I believe
Mr. Gyotoku is in the Hilo Chambers. So, Mr. Clerk, could you read Bill 50?
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order:
Bill 50: 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- HOME Program account ($482,731);
and appropriates the same to the following accounts: Habitat for Humanity—
Puna Self-Help Housing ($451,221); Tenant Base Rental Assistance Program
($6,104); and Office of Housing and Community Development Administration
($25,406).
Reference: Comm. 200
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Motion to Approve: Ms. David moved to pass Bill 50 on second and final
reading. Seconded by Mr. Richards.
ACTING CHR. EOFF: Is there any discussion?
MS. DAVID: No, I believe this passed through two readings. So, I just ask for
your continued support.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
Vote on Bill 50: The motion to pass Bill 50 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Page 3
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Bill 50 is adopted. Bill 51.
Bill 51: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Federal- Block Grant account ($2.5 million) and
the Block Grant - Program Income account ($100,000); and appropriates the same
to the following accounts: Hale Ohana Domestic Abuse Shelter—Renovations
($280,500); West Hawaii Domestic Abuse Shelter—Renovations ($195,250);
West Hawaii Homeless Emergency Shelter Improvements ($600,000);
Kulaimano Elderly Housing—Phase III Renovations ($284,250); Kiheipua
Family Shelter—Certified Kitchen Construction ($200,000); Hale Maluhia
Shelter—Accessibility Improvements ($300,000); Boys and Girls Club —
Accessibility Improvements ($240,000); and Administration, Planning & Fair
Housing ($500,000).
Reference: Comm. 201
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Vote on Bill 51: Ms. David moved to pass Bill 51 on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 51 is adopted. Bill 59.
Page 4
Hawaii County Council-11 May 8,2019
Bill 59: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants —Na Kahua Hale O Ulu Wini
Assessment Center Program account ($1.5 million); and appropriates the same
to the Na Kahua Hale O Ulu Wini Assessment Center Program—State account.
Funds would be used to develop, operate, and administer an assessment center for
families that are transitioning to permanent housing.
Reference: Comm. 226
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Vote on Bill 59: Ms. David moved to pass Bill 59 on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 59 is adopted. Mr. Gyotoku, was that all that you
were waiting for?
(Note: At this time, Housing Administrator Neil Gyotoku came forward
to address the members of the Council, via videoconferencing from Hilo.)
MR. GYOTOKU: Neil Gyotoku, Housing Administrator. Yes, it was. That's all
we were waiting for. Thank you.
ACTING CHR. EOFF: Thank you very much for coming down.
MR. GYOTOKU: Thank you very much.
ACTING CHR. EOFF: And then, would it be all right if we took Bill 47? It's at
first reading.
Page 5
Hawaii County Council-11 May 8,2019
Bill 47: AMENDS SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP),
(Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—FORTY ACRES
(A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PU'UKAPU
HOMESTEADS 2ND SERIES, WAIMEA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY: 6-4-017:043
(Applicant: 64-560 Mamalahoa, LLQ (Area: 10.94 Acres)
The Leeward Planning Commission forwards its unfavorable recommendation for
this change of zone, which would allow the applicant to apply for subdivision of
the parcel and create a flag lot. The property is located approximately .42 miles
west of White Road and 150 feet east of Pu`u Manu Place.
Reference: Comm. 196.3
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-21
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 47, Draft 2, on first
reading and adopt Planning Committee Report No. 21.
Seconded by Ms. Lee Loy.
ACTING CHR. EOFF: Ms. Kierkiewicz, any discussion? I know Mr. Kern is in
the Chambers there with you.
MS. KIERKIEWICZ: I have no comments, but I can turn the floor over to
Mr. Kern if he'd like to provide us with any updates.
(Note: At this time, Zendo Kern, applicant's representative, came forward
to address the members of the Council, via videoconferencing from Hilo.)
MR. KERN: Good morning, Madam Chair and members of the Hawaii County
Council. Zendo Kern, Planning Consultant, here representing the applicant. No
updates. Seems like we worked out a very good compromise that will be
beneficial to the neighboring property owner. And the applicants are going to
continue with that all the way through here. So, happy to answer any questions
there may be. Otherwise, we thank you for your support. Thank you.
ACTING CHR. EOFF: Thank you, Mr. Kern. Ms. Poindexter, did you have any
comments or questions? No? Okay, thank you. All in favor of Bill 47, Draft 2,
please say "aye."
Page 6
Hawaii County Council-11 May 8,2019
Vote on Bill 47: The motion to pass Bill 47, Draft 2, on first reading and
Draft 2 adopt Planning Committee Report No. 21 was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Bill 47, Draft 2, moves to second
reading. I know Public Works is in the Chambers and so isI have a note
Natasha from Planning for Resolution 120 and Bill [sic] 157. So, Mr. Clerk, can
you read Resolution 120? It's the first one.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 120-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
TRANSPORTATION PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR THE ACCEPTANCE OF THE SUGAR ACCESS
SOFTWARE LICENSE FOR USE BY THE COUNTY OF HAWAII
DEPARTMENT OF PLANNING, DEPARTMENT OF PUBLIC WORKS, AND
MASS TRANSIT AGENCY
Two software licenses would be provided to the County of Hawaii to assist with
quantifying the scoring of transportation projects for accessibility of multi-modal
systems.
Reference: Comm. 211
Intr. by: Ms. Lee Loy
Approve: PWMTC-6
Motion to Approve: Ms. Lee Loy moved to adopt Res. 120-19 and Public
Works and Mass Transit Committee Report No. 6.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Ms. Lee Loy, would you like to go ahead?
Page 7
Hawaii County Council-11 May 8,2019
MS. LEE LOY: Thank you, Chair. I don't have any comments. We did discuss
this in Committee. So, we do have members of Public Works, Planning in the
audience if any of you have any other questions.
ACTING CHR. EOFF: Ms. Kierkiewicz, do they have any comments or anything
they want to add? I know the Director and Deputy Director of Public Works is in
Hilo.
MS. KIERKIEWICZ: They're all smiling.
ACTING CHR. EOFF: Good.
MS. KIERKIEWICZ: They're all smiling. They're here. They're available to
answer questions, but I think we had a robust discussion during Committee.
ACTING CHR. EOFF: Okay, so if there are no questions, we'll go ahead and
take a vote on Resolution 120-19. All in favor, please say "aye."
Vote on Res. 120-19: The motion to adopt Res. 120-19 and Public Works and
(Adopted) Mass Transit Committee Report No. 6 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 120 is adopted. Bill 157.
No, Resolution 157, I'm sorry.
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:
Page 8
Hawaii County Council-11 May 8,2019
Res. 157-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
HEALTH, CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7,
FOR A GRANT TO THE PLANNING DEPARTMENT
Federally-derived funds in the amount of$45,000 would be used to allow staff to
attend Complete Streets training.
Reference: Comm. 258
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 157-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: Yes, I believe the department requested that this be waived out of
Committee. And I think we have some representatives in our Hilo office. We
have, I believe, either Douglas, Natalie, or April Surprenant.
ACTING CHR. EOFF: I think Natasha.
MS. DAVID: Natasha's there?
ACTING CHR. EOFF: From Planning. I have a note that she's in Hilo.
MS. DAVID: Okay. So, Natasha, could you explain the urgency on the request
for the waiver that it come out of Committee and go straight to Council? I sense
that there's a time element on this.
(Note: At this time, Planner Natasha Soriano of the Planning Department
came forward to address the members of the Council, via
videoconferencing from Hilo.)
MS. SORIANO: I do believe that DOH (Department of Health) is trying to use
funds before the fiscal year is over. So, to enter into the agreement—an invoice
before June.
MS. DAVID: I see. So, this is just so that we don't lose the funding, then.
MS. SORIANO: Correct.
MS. DAVID: Okay, great. Thank you. With that, I yield for any other questions.
Page 9
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Council Members, any other questions? Hearing none,
all in favor please say "aye."
Vote on Res. 157-19: The motion to adopt Res. 157-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 157 is adopted. There's a
companion bill for that, but we don't need to do that now. You can go if you need
to go back to work. And let's see. I'm not sure which bills Mr. Yamamoto and
Mr. Simeon are in the Chambers for, but
MS. KIERKIEWICZ: Chair, Bill 69.
ACTING CHR. EOFF: Bill 69, okay, thank you. We'll go ahead and take
Bill 69.
Bill 69: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2018 TO JUNE 30, 2019
Adds the Public Works Puainako Street Extension (State)project for $630,000 to
the Capital Budget. Funds for this project shall be provided from State Grants
Receivable. Funds would be used for the County's portion of a settlement
agreement regarding the purchase of land for the Puainako Street Extension
Project.
Reference: Comm. 259
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. David moved to pass Bill 69 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Ms. David, any discussion? Any questions, Council
Members, to the Director?
Page 10
Hawaii County Council-11 May 8,2019
MS. DAVID: Director, if you would like to give us a brief explanation or
summary of this, that would be great.
ACTING CHR. EOFF: Go ahead.
(Note: At this time, Public Works Director David Yamamoto came
forward to address the members of the Council, via videoconferencing
from Hilo.)
MR. YAMAMOTO: This is part of the settlement agreement for the purchase of
the land that was acquired to install the Puainako Extension. And this bill is to
establish the account and process of sourcing the State grant that is being given
toward the purchase of this property.
ACTING CHR. EOFF: Okay, thank you. I think we understand. Does anyone
have any further questions? Seeing none, then, all in favor please say "aye."
Vote on Bill 69: The motion to pass Bill 69 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Bill 69 will go to second reading. I'd
like to take Resolution 148 at this time, Mr. Clerk.
Res. 148-19: 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
BIG ISLAND DRUG COURT, INC., TO PAY FOR COURT-RELATED
SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND
VETERANS TREATMENT COURT
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 245
Intr. by: Ms. David
Page 11
Hawaii County Council-11 May 8,2019
Motion to Approve: Ms. David moved to adopt Res. 148-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Thank you very much. I see we have the Judge in the house. I
really want to thank our Council Members because we were waiting for you to get
through with your court this morning and wanted to give you an opportunity to
address us. And I wanted to thank all the testifiers from Drug Court. Thank you
so much because you folks are the examples of what makes this program such a
success and an important one for our community. So, your Honor, please. You
have three minutes. No, I'm just joking.
ACTING CHR. EOFF: You can take as long as you want, but just state your
name.
MS. DAVID: Yes. No objection.
(Note: At this time, the Honorable Judge Melvin Fujino came forward to
address the members of the Council.)
MR. FUJINO: Good morning
ACTING CHR. EOFF: Good morning.
MR. FUJINO: Council Chair and Council Members. I am Judge Melvin Fujino,
and I'm the Third Circuit Judge assigned to the Big Island Drug Court, Veterans
Treatment Court, and Juvenile Drug Court on the west side of the island. Chief
Judge Greg Nakamura is assigned to the east side of the island, and
Judge Mahilani Hiatt is assigned to South Kohala, Hamakua, and North Kohala
for Juvenile Drug Court.
Thank you for this opportunity to share with you a quick overview of our
Big Island Drug Court, Veterans Treatment Court, and Juvenile Drug Court.
These courts are also referred to as specialty courts. I use the term "our drug
courts"because specialty courts are a forum to address substance abuse addiction
and public safety concerns.
The specialty courts were established under the leadership of retired Chief Judge
Ronald Ibarra. The planning team consisted of Judge Ibarra, prosecutors from the
east and west sides of the island, public defenders from the east and west sides of
the island, treatment providers, law enforcement representatives, and a statistician
from the University of Hawaii.
Page 12
Hawaii County Council-11 May 8,2019
For those of you who know Chief Judge Ibarra, you know that he is a visionary, a
great leader, and a mentor. Through his leadership, a planning team was formed
and representatives from each agency spent many hours discussing and
formulating policies and procedures for each of the three specialty courts. The
mission of the Big Island Drug Court is to help address societal problems related
to substance abuse in order to minimize the societal and economic costs and to
protect the Big Island community by providing timely and effective treatment for
drug offenders with appropriate sanctions and incentives.
We took at least three weeks to get that mission statement. As a member of the
planning team, I represented the West Hawaii prosecutor's office. And I, like
almost every other Hawaii County prosecutor at the time, was skeptical of Drug
Court. As prosecutors, our highest priority was public safety. Whenever a
probationary officer tested—officer—whenever a probationer tested positive for
drugs, our first response as the Deputy Prosecuting Attorney was to ask the court
to revoke that person's probation, send that person to jail or prison. We thought
Drug Court was a slap on the wrist.
This view is still held by many in our community even today. I understand it.
After all, a person who is already convicted of one or more crimes and out of jail
and trusted with the privilege of probation knowingly breaks the law again by
using drugs or alcohol, shouldn't he or she be more severely punished? Today,
I've changed my mind as a former deputy prosecutor and now as a judge. I've
seen that Drug Court works.
Drug Court is a forum for people to address their addiction. Team members learn
from each other, and a defendant is not just a number but someone who the
Big Island Drug Court team gets to know in their journey to recovery.
We have staffing before each calendar of cases. And members of the team
discuss the status of the Drug Court participant. With this shared knowledge, the
team becomes effective in addressing each participant's progress or lack of
progress. Incentives and sanctions are timely given. We even clap in court for
each participant. We give certificates and gift cards for advancing to the next
phase. With each phase advancement, the individual is given more freedom
because he or she has earned it.
The Big Island Drug Court awakens people to the fact that they can be successful
in their lives. If you've been told your whole life that you're bad, that you can't
succeed at anything, it can be hard to see yourself in any other way. With the
intense vigor of the Drug Court program, as participants are held accountable for
their actions and receive treatment, counseling, and support to help them succeed,
they gain a whole new view of themselves and their chances in life, and that
changes things.
Page 13
Hawaii County Council-11 May 8,2019
When the Big Island Drug Court first started, Chief Judge Ibarra would ask the
defendants if they told their employers that they were in Drug Court. Most said
they didn't because they didn't want people to think that something was wrong
with them. Judge Ibarra told them they should be proud to be in Drug Court. He
told them, "If your boss knew that you got tested twice a week and if you called in
sick but you were not sick that there would be consequences, your boss would
like to have employees like you." As a result of this, word got out. And within
our community, employers wanted to hire Drug Court participants.
Today, we have Drug Court Appreciation Day. We honor those who support and
hire Drug Court participants. Drug Court participants have a chance at success
after graduation because they have been provided with tools to not only complete
the program but to have a job so that they can support themselves.
Upon entering specialty courts, many participants have burnt all their bridges.
Part of their journey before they can graduate is to be held accountable to those
that they have wronged. Restitution, fines, fees, community service, having a
high school diploma or equivalent, independent living, and being clean and sober
are among the minimum requirements before they can graduate.
We invite you and welcome you to attend graduation ceremonies or review
hearings. Our 46�h Big Island Drug Court Graduation will be held on Monday,
May 13, 2019. We have seven Drug Court participants graduating, four of which
are standing behind of me. At the graduation ceremony, you will see their
families get their son, their daughter, their brother, their sister, their father, their
mother, their aunty, uncle, grandfather, or even grandmother back. All of this
would not be possible without the support and assistance from various agencies,
community members, and representatives such as yourselves. When I refer to
"our specialty court,"that's what I mean. The court in and of itself is just a forum
for us to address substance abuse and public safety. Thank you for supporting the
program.
MS. DAVID: Mahalo, your Honor. Thank you so much for being here on your
busy day. And I would just like to thank and remind you, for Monday, to have
those boxes of Kleenex ready at your graduation. We've attended all of—we've
always attended Drug Court, Karen and I, and it is such a heartwarming
experience that I wish everyone could actually be in the room to feel what goes on
with the families and the graduates. And I salute the graduates. Congratulations,
you folks, and thanks for coming to testify today `cause I know, if I was in your
shoes, I'd be pretty nervous or scared to come and testify. But this shows a lot of
how much you appreciate this program. So, I applaud all of you. Grayson, thank
you. Judge. I yield.
ACTING CHR. EOFF: Thank you. Council Members, any other comments?
Ms. Lee Loy.
Page 14
Hawaii County Council-11 May 8,2019
MS. LEE LOY: Thank you, Chair. Thank you, Judge Fujino, for being here.
Looking sharp as ever. Maile, thank you for introducing this resolution of
providing funding for this program. But I do want to take a moment to speak to
our testifiers this morning. Public speaking is one of the most common fears.
And fear has two meanings: forget everything and run or face everything and
rise. And that's what you folks did today. You guys did rise. Congratulations.
Chair, I yield.
ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Mr. Richards.
MR. RICHARDS: I want to express my gratitude as well. Judge, I appreciate
this program. I appreciate your words. And to the testifiers, right on, guys; that
was top shape. Echoing what Councilwoman Lee Loy said, having you guys
come before us, that puts reality into the words that the Judge is saying. So,
thanks very much. I yield.
ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Any other comments?
Seeing none, then, I'd just like to say thank you, again. Thank you for being here.
Thank you for what you do in the specialty courts, Drug Court especially. It's so
important. And Veteran's Court and Juvenile Court. All of them are awesome
ways of dealing with people to help them get back into society. And we'll see
you on Monday.
MR. FUJINO: Thank you. Thank you for all of your support. It means a lot
when we have you come to the graduation ceremony. And it really makes a big
difference because we cannot do this fight against addictions or substance abuse
just with the parties involved. Just by you giving us this opportunity to present
and support, I really appreciate it. So, thank you very much.
ACTING CHR. EOFF: Likewise
MR. FUJINO: And I will get you a box of Kleenex.
ACTING CHR. EOFF: We really appreciate you. Okay, let me take a vote first.
All in favor of Resolution 148, please say "aye."
Page 15
Hawaii County Council-11 May 8,2019
Vote on Res. 148-19: The motion to adopt Res. 148-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: The resolution is adopted, and I'd like to take a seven-
minute recess. Thank you. We're in recess.
Recess: At 10:03 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 10:16 a.m.
ACTING CHR. EOFF: We're going to take up Resolution 130, please,
Mr. Clerk. It's at the top.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Res. 130-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE HAWAII TOURISM AUTHORITY, STATE OF
HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7,
FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND
DEVELOPMENT DEPARTMENT
Funds in the amount of $35,000 would be used to develop a Hawaii Island
Tourism Strategic Plan, for the purpose of increasing communication, interaction
and understanding between industry stakeholders, residents, and the visitor
industry.
Reference: Comm. 224
Intr. by: Ms. David (B/R)
Approve: FC-30
Motion to Approve: Ms. David moved to adopt Res. 130-19 and Finance
Committee Report No. 30. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. EOFF: Ms. David.
Page 16
Hawaii County Council-11 May 8,2019
MS. DAVID: Thank you. I just ask for your continued support. This passed out
of Committee.
ACTING CHR. EOFF: Right. Okay, thank you. Any other questions or
comments? Mr. Whitmore is in Hilo. Seeing none, all in favor please say "aye."
Vote on Res. 130-19: The motion to adopt Res. 130-19 and Finance Committee
(Adopted) Report No. 30 was carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Villegas, and
Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
ACTING CHR. EOFF: We might as well take the companion to that. So, that'll
be Bill 58.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order:
Bill 58: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants —Hawai`i Island Tourism Strategic
Plan account ($35,000); and appropriates the same to the Hawaii Island Tourism
Strategic Plan—State account. Funds would be used to increase communication,
interaction and understanding between industry stakeholders, residents and the
visitor industry.
Reference: Comm. 224
Intr. by: Ms. David (B/R)
Approve: FC-32
Page 17
Hawaii County Council-11 May 8,2019
Vote on Bill 58: Ms. David moved to pass Bill 58 on first reading and adopt
(Approved) Finance Committee Report No. 32. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Villegas, and
Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Richards — 1.
Excused: None.
ACTING CHR. EOFF: Bill 58 moves to second reading. I think I'd like to take
the two Planning bills. You have two right? Just one? Bill 49, okay.
MS. KIERKIEWICZ: Chair Eoff
ACTING CHR. EOFF: Yes?
MS. KIERKIEWICZ: I'm so sorry. Ron Whitmore is here for one more
resolution.
ACTING CHR. EOFF: Okay.
MS. KIERKIEWICZ: And that is Resolution 156 with regards to climate change.
He has a 10:30 appointment. So, he's hoping to be available to answer any
questions from Council.
ACTING CHR. EOFF: Okay. Then I'll do that one before we go to the Planning
bill. Mr. Clerk, back up to Resolution 156.
Res. 156-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE DEPARTMENT OF DEFENSE, STATE OF
HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7,
FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND
DEVELOPMENT DEPARTMENT
Funds in the amount of$75,000 would be used to identify climate change impacts
and develop mitigation measures, action priorities, and an implementation plan.
Reference: Comm. 257
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 156-19. Seconded by
Ms. Lee Loy.
Page 18
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Comments?
MS. DAVID: Yes, and I believe a waiver was requested. Mr. Whitmore, could
you just explain the time constraints on this one?
(Note: At this time, Research and Development Deputy Director
Ron Whitmore came forward to address the members of the Council, via
videoconferencing from Hilo.)
MR. WHITMORE: Good morning, Chair, Council Members. Ron Whitmore,
Deputy Director of Department of Research and Development. The time
constraint on this one is twofold. The Department of Civil Defense is on the
verge of initiating the Five-Year Update to the Multi-Hazard Mitigation Plan,
which will come, then, before you in the first quarter of calendar year 2020.
We're trying to take advantage of the opportunity to incorporate into that plan a
robust climate adaptation component, which is beyond the normal scope of the
Multi-Hazard Mitigation Plan that really is very appropriate for that sort of plan.
And so, we applied for a grant from HI-EMA (Hawai`i Emergency Management
Agency). We're awaiting final word, but indications so far are good. So, we
wanted to be ready for when that award is made so we'll hit the ground running
and incorporate this explicitly and immediately into the contract that Civil
Defense is in the process of procuring for the Multi-Hazard Mitigation Plan.
MS. DAVID: Thank you very much, Mr. Whitmore. On that, I yield.
ACTING CHR. EOFF: Any other questions? Seeing none, all in favor please say
Ic aye.
MS. KIERKIEWICZ: Chair, I have
ACTING CHR. EOFF: Oh, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Sorry. I don't have a question, but I just do have some
comments because I think climate change is not just an important issue but one of
the most important issues that we're going to be facing. And it's going to be
expensive, and we have some really critical decisions that are going to have to be
made that affect our future. And so, I just want to thank Ron Whitmore and I
believe one of the vistas who was really integral in going after these grant monies
to develop this plan. And I'm just excited about the work that we are now
thinking about, big solutions and how we're going to accelerate the pace in which
we get to those solutions.
And I love something that Josh Stanbro from the City and County of Honolulu
said about this is it's not just about bouncing back in times of disaster. It's how
Page 19
Hawaii County Council-11 May 8,2019
do we begin to bounce forward. And I think that is something that we should
keep in mind, that we're going to need to start building with resilience but
recognize that resilience is not the ending. It's something that we're going to
have to constantly adapt to and integrate in all of our decisions. So, I'm going to
be supporting this. And it's an issue that I'm going to be closely involved in. So,
thank you, I yield.
ACTING CHR. EOFF: Okay, thank you. Mr. Whitmore, I see a note here that
you'd like us to waive the five-day holdover on this reso. Is that correct?
MR. WHITMORE: Yes, if possible.
ACTING CHR. EOFF: Okay. So, after we vote on the motion, I can ask for that
motion. Okay, all in favor of Resolution 156, please say "aye."
Vote on Res. 156-19: The motion to adopt Res. 156-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 15 to waive
Suspend Council the 5-day hold for reconsideration. Seconded by Ms. David
Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Okay, I guess I'll just skip down to the
companion Bill 67 while you're here, Mr. Whitmore. Mr. Clerk, Bill 67.
Page 20
Hawaii County Council-11 May 8,2019
Bill 67: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Federal Grants-Federal Emergency Management
Agency (FEMA) Pre-Disaster Mitigation Program account ($75,000); and
appropriates the same to the FEMA Pre-Disaster Mitigation Program account.
Funds would be used by the Department of Research and Development to identify
climate change impacts and develop mitigation measures, action priorities, and an
implementation plan.
Reference: Comm. 257
Intr. by: Ms. David (B/R)
Waived: FC
Vote on Bill 67: Ms. David moved to pass Bill 67 on first reading.
(Approved) Seconded by Mr. Kaneali`i-Kleinfelder and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Bill 67 will go to second reading.
MS. DAVID: Chair? I believe we need to make a similar motion to suspend the
five-day holdover.
ACTING CHR. EOFF: Oh, we have to do it on the second reading.
MS. DAVID: Oh, sorry. You're right. Bye.
ACTING CHR. EOFF: All right. So, now, Mr. Clerk, let's take Bill 49, Draft 2,
second reading.
Page 21
Hawaii County Council-11 May 8,2019
Bill 49: AMENDS ORDINANCE NO. 10-64, WHICH RECLASSIFIED LANDS FROM
(Draft 2) PROJECT DISTRICT TO PROJECT DISTRICT AT PONAHAWAI,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:001,
2-3-044:019, AND 2-3-049:053
(Applicant: Wailani Development LLQ (Area: Approximately 171.504 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to the Wailani Project District. The original project was
proposed to be a mixed-use community, housing a medical office campus,
commercial space, a business park, senior housing, single- and multiple-family
residential lots, and recreational and open space. The applicant seeks to modify
11 conditions within Ordinance 10-64 to improve the projects feasibility. The
property is located on the west side of the Ponahawai Street intersection, and
northeast of the Moho`uli Street Extension.
Reference: Comm. 198.4
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: April 24, 2019
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 49, Draft 2, on second
and final reading. Seconded by Ms. David.
ACTING CHR. EOFF: I'll open it up to discussion, and Mr. Fuke is here if you
folks have any further updates or anything to add.
(Note: At this time, Sidney Fuke, applicant's representative, came
forward to address the members of the Council.)
MR. FUKE: Good morning, Madam Chair, members of this body. Really, like
all I have to add is, basically, it's been a very long journey for the Wailani
Development team, a very novice family-oriented development team. And really
like the so-called development light at the end of the tunnel has become much
brighter and I think, in large part, through the understanding and support of the
Planning Director and the Planning Department and equally and maybe more so
this body here.
So, all of the conditions that are attached to this proposed bill have been
thoroughly reviewed by the applicant, their development consultant and their
engineers, and they found them to be totally acceptable. We hope that with the
Council's favorable action on this that, in about two or three years, we'll see
something very big or maybe major commercial activities happening in that area
because we live in the Kaumana area, and we have a dearth of commercial
activities in that area. We have to travel all the way to the Puainako section to
satisfy our commercial needs. And I think, to the extent that this project moves
forward, that people like us who live in that quadrant of Hilo will be well served.
And we look forward to your favorable action on this, and thank you very much.
Page 22
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Thank you. Any other comments or questions, Council
Members?
MS. KIERKIEWICZ: Chair Eoff?
ACTING CHR. EOFF: Ms. Kierkiewicz.
MS. KIERKIEWICZ: I have Director Yamamoto and Deputy Director Simeon
here in Council Chambers in Hilo, and they just wanted to provide some remarks
on this measure.
ACTING CHR. EOFF: Okay, thank you.
(Note: At this time, Public Works Director David Yamamoto and Deputy
Director Allan Simeon came forward to address the members of the
Council, via videoconferencing from Hilo.)
MR. YAMAMOTO: We wanted to request of the developer an opportunity to
come up with a compromise on the 60-foot right-of-way section where we can at
least take a look at an attempt to minimize the cost that would be, should we have
a future build-out into the full 80-foot width. I believe we can come up with a
compromise that might be acceptable to both parties before the next opportunity
to have it on the Council for second reading.
ACTING CHR. EOFF: Actually, we are at second reading today. And so, I'm
not sure
MR. YAMAMOTO: I would ask if we could defer it to the next Council meeting
so we at least have this last-chance opportunity to at least attempt to minimize the
cost that the County would incur if it would have to build it out to the full 80-foot
width.
ACTING CHR. EOFF: Okay, I'm going to get a response from Mr. Fuke.
MR. FUKE: Subsequent to the Council's action on the first reading, the
Department of Public Works came out with several scenarios in terms of how to
construct an 80-foot-wide right-of-way, or at least a program that would minimize
the eventual widening and minimizing the cost, actually, for the County if and
when that decision is to increase the right-of-way from 60 to 80 feet. So, we've
had a chance to review that together with the development consultant as well as
the engineers. And basically, the conclusion was that it was just kind of like not
workable.
So, we started off with the premise—and still do—that the bottom line question is
that, for this section of the roadway, what is the appropriate right-of-way width?
Page 23
Hawaii County Council-11 May 8,2019
Is it 60 or 80 feet? And I think the overall conclusion is that, for this particular
section because it's not a Mohouli Extension, it's not like your Ane Keohokalole
type of right-of-way with an 80-foot-wide right-of-way, this small section is
basically connecting two major crosstown roadways. And so, when you look at
collector streets, the collector street right-of-way is 60 feet. However—and that's
the premise that all of the conditions that we've kind of like come up to now has
been predicated upon developing a 60-foot-wide right-of-way that would have
curbs, gutters, and sidewalks and with enough space for bikeways in that area.
In addition to that, to accommodate the future, if it ever materializes, the future
need to increase it to an 80-foot-wide right-of-way, then 10 additional feet on both
sides of the right-of-way would be relinquished and dedicated to the County at no
cost. So, that may never happen.
So, to have, like, a program which Public Works right now, in their preliminary
discussions with us, to have, like, a road development predicated upon an 80-foot-
wide right-of-way, the bottom line was that it would be too costly and would not
be functional because, again, you're talking about an 80-foot-wide right-of-way.
The whole emphasis is trying to create, like, skinny streets, creating a community.
An 80-foot-wide right-of-way would pretty much bisect the community.
So, we can understand what Public Works is saying. So, if and when the County,
in its wisdom, 20, 40 years from now, decides it should be an 80-foot-wide right-
of-way, one thing is certain, you don't have to acquire the land. The land will be
there.
ACTING CHR. EOFF: Thank you, Mr. Fuke.
MR. YAMAMOTO: We don't want to have to move telephone poles and all the
other stuff
ACTING CHR. EOFF: Excuse me. Mr. Yamamoto, can you
MR. YAMAMOTO: Sorry. I was just kind of thinking out loud.
ACTING CHR. EOFF: Oh, okay, `cause I couldn't understand. Council
Members? Ms. Poindexter?
MS. POINDEXTER: I agree with Mr. Fuke about the 60-foot roadways. Like I
said before, and I'll always say it, that's more moving in the direction that we
should be moving. When we talk about slowing traffic, with the Blue Zones
movement, Complete Streets, all that fits in. So, I'm supporting that. Thank you.
ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Comments, Council
Members? Mr. Kaneali`i-Kleinfelder.
Page 24
Hawaii County Council-11 May 8,2019
MR. KANEALI`I-KLEINFELDER: Is that change written down in this
document, that it will be dedicated to the County at some point or it will be able to
be dedicated to the County at some point?
MR. FUKE: Yes.
MR. KANEALI`I-KLEINFELDER: Where?
ACTING CHR. EOFF: Which condition is that? I was looking for it, too. I
remember you talked about it last time.
MR. FUKE: That's Condition P. Basically, it says that a ten-foot-wide future
road widening setback shall be designated on all properties fronting the
Ponahawai Street Extension, and dedicated to the County upon the County's
request at no cost.
MR. KANEALI`I-KLEINFELDER: Thank you, Sid. David, does that meet your
needs for that?
MR. YAMAMOTO: Well, what we were trying to avoid is having to relocate
utility poles and sidewalks and catch basins in the future should that come about,
where growth occurs to the point where we would have to widen the right-of-way.
So, that's what we had in mind, would be able to locate the utility poles, the catch
basins, the sidewalk, up to the 80-foot location and have a grass or an unplanted
area between the roadway and the sidewalk.
MR. FUKE: I'd like to just kind of make one comment. Because of the way that
the proposed language is structured, as you go down into the actual development
phase, construction plan phase of this area, knowing that the County has the
potential to acquire the addition—not acquire, but secure it at no cost, the
additional 10-foot-wide right-of-way, if like what Mr. Yamamoto is suggesting is
that maybe the utility pole should be within the 10-additional right-of-way, that
can be accommodated. And that's probably like a design thing.
What we're saying or at least Wailani is saying is that as far as the basic
improvements, let it be confined to a 60-foot-wide right-of-way, which would be
two lanes, a bike path, and your curbs, gutters, and sidewalks. As far as the utility
poles, if the utility poles need to be within the additional road rights-of-way, then
it is possible and it can be done.
MR. KANEALI`I-KLEINFELDER: I think, to make sure both sides' needs are
being met, that it should be or could be, it needs to be that way.
MR. FUKE: It can be accommodated, yes.
Page 25
Hawaii County Council-11 May 8,2019
MR. KANEALI`I-KLEINFELDER: That's "can be." That's not asorry, that's
not set in stone. So, that would be my only concern with what you just said. I
have no problem with a 60-foot right-of-way, but I see what David's saying. But
that's just for me in writing, yeah. I yield.
ACTING CHR. EOFF: Thank you. Mr. Fuke, is that something that's, you said
it's in the design phase. So, that wouldn't be appropriate to add into this
condition at this time. Is that what you're saying?
MR. FUKE: If the County would, like Public Works in its review of the
construction drawing, would really want to have the utility poles at the edge of the
80-foot rather than at the 60-foot-wide, all I'm suggesting is that, that is possible.
Public Works could mandate that. If they mandate that, it obligates the County to
accept that additional road rights-of-way. The way it's structured, if the County
wants that additional road rights-of-way, you can have it at no cost.
ACTING CHR. EOFF: And that's for a future discussion.
MR. FUKE: Correct.
ACTING CHR. EOFF: Okay, I understand. I don't know if anyone else has any
further questions. Mr. Chung.
MR. CHUNG: I wasn't really going to say anything `cause I thought a lot of
these issues were put to bed the last time. But although I can see where the
Department of Public Works is coming from, looking into the future, the reality of
the situation is that if this is ever widened, it's going to be anywhere from
30-50 years from now. What we've got to look at is the present needs of that
neighborhood, and it is going to be a neighborhood.
I talked about the experiences that I have, our residents crossing Mohouli Street
from the Sunrise Estates subdivision to the lower section. And that's not even an
integrated neighborhood. This is intended to be an integrated neighborhood. And
to have an 80-foot-wide right-of-way right now when it's not needed is ridiculous.
It's silly, really. Yeah. So, that's all I'm going to say about this. Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments?
MS. DAVID: I just have one question.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Thank you, Chair. And I just wanted clarification for myself
because I think I understand what Mr. Fuke is saying about the future for that
utility easement. So, the department will actually review the design plans for this
Page 26
Hawaii County Council-11 May 8,2019
subdivision. It will go to the department anyway. And what you're saying is at
that time, if they feel that they needed the extra 10 feet for the utility poles like
Director Yamamoto is saying, that could be taken care of at that time or reserved
at that time.
MR. FUKE: That is correct.
MS. DAVID: I see. Okay.
MR. FUKE: What we wanted to avoid is the situation where you put the curb,
gutter, sidewalk at the end of the 80 feet because cannot if it has to be fully
improved, then we're right back to where we started from.
MS. DAVID: Perfect, yes. No, no. That's what I wanted to clarify because there
is a check and balance or a point in time where the department would be able to
either exercise the right to ask for the additional 10 feet and not put some utility
poles within the easement area. Okay.
MR. FUKE: That is correct.
MS. DAVID: Thank you for clarifying that. I yield.
ACTING CHR. EOFF: Okay, any other comments, questions? Seeing none,
then, Council Members, all in favor of approving Bill 49, Draft 2,please say
Ic aye.
Vote on Bill 49: The motion to pass Bill 49, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Okay, thank you all very much, and
thank you for your patience today with us.
MR. FUKE: Thank you very much.
ACTING CHR. EOFF: I don't think I have any other request for anything out of
order. So, maybe we should just go to the top of the agenda and work our way
through. Mr. Clerk, we would start with Resolution 138.
Page 27
Hawaii County Council-11 May 8,2019
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Res. 138-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF
HILO TO ASSIST WITH EXPENSES FOR ITS 15TH ANNUAL CELEBRATION
OF LIFE—HONORING OUR ISLAND HERITAGE FESTIVAL
Transfers $1,250 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 235
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 138-19.
Seconded by Ms. David.
ACTING CHR. EOFF: Any discussion?
MR. KANEALI`I-KLEINFELDER: I'd just like to ask for my Council Members'
support. This is a really neat event that's happening May 251h, this coming
May 251h, a couple of weeks, at Reeds Bay. It's a beautiful celebration. If you
have time and would like to be there, I'd appreciate it. Otherwise, I just ask for
your support today. Thank you.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Vote on Res. 138-19: The motion to adopt Res. 138-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 138 is adopted.
Page 28
Hawaii County Council-11 May 8,2019
Res. 139-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `AHA
PUNANA LEO TO ASSIST WITH EXPENSES FOR KE KULA
`O NAWAHIOKALANI`OPU'U IKI LABORATORY PUBLIC CHARTER
SCHOOL'S GRADUATION CELEBRATION
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 236
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 139-19.
Seconded by Ms. Lee Loy.
ACTING CHR. EOFF: Discussion?
MR. KANEALI`I-KLEINFELDER: Again, I ask for your support. This is a
nonprofit organization, but it's actually a charter school in my district. And I've
come to learn how many of these students and kumus that I know and have
known for so long who work there. I'm really glad to have them in my district
and be able to do this for their graduation. So, I ask for your support.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
Vote on Res. 139-19: The motion to adopt Res. 139-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 139 is adopted.
Page 29
Hawaii County Council-11 May 8,2019
Res. 140-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF
HILO FOR ITS 2019 CELEBRATION OF LIFE
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 237
Intr. by: Mr. Chung
Vote on Res. 140-19: Mr. Chung moved to adopt Res. 140-19. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 140 is adopted.
Res. 144-19: 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
COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE 2019 SENIOR
FARMERS MARKET NUTRITION PROGRAM
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of Aging, Other Current Expenses
account.
Reference: Comm. 241
Intr. by: Mr. Chung
Page 30
Hawaii County Council-11 May 8,2019
Vote on Res. 144-19: Mr. Chung moved to adopt Res. 144-19. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 144 is adopted.
Res. 145-19: 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
COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR ITS SENIOR
FARMERS MARKET NUTRITION PROGRAM
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Office of Aging, Other Current Expenses
account.
Reference: Comm. 242
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 145-19.
Seconded by Ms. Villegas.
ACTING CHR. EOFF: Any discussion?
MR. KANEALII-KLEINFELDER: This is a neat program put on by HCEOC
(Hawai`i County Economic Opportunity Council). It's for the Senior Farmers
Market program. It provides a voucher for fresh fruit and vegetables for seniors
across the island. I know some people who could really benefit from this. I ask
for your support.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Page 31
Hawaii County Council-11 May 8,2019
Vote on Res. 145-19: The motion to adopt Res. 145-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 145 is adopted.
Res. 146-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
HO`OULU-LAHUI TO PURCHASE COMPUTERS AND INTERNET
EQUIPMENT FOR KUA O KA LA NEW CENTURY PUBLIC CHARTER
SCHOOL
Transfers $3,860 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 243
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 146-19.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Discussion?
MR. KANEALI`I-KLEINFELDER: I met Susie Osborne along the campaign
trail last year. She lost her school. And I really fell in love with her, so I made it
a point to kind of look for and see how we can help her. It was a little bit difficult
`cause she was just frazzled. Eventually, we figured out that there is a nonprofit
that could help her out here. It took some effort, but we nailed it down. I'm just
happy to help out Kua O Ka La any way that I can. So, I ask for your support.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Page 32
Hawaii County Council-11 May 8,2019
Vote on Res. 146-19: The motion to adopt Res. 146-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 146 is adopted.
Res. 147-19: 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 DANCE COUNCIL FOR ITS DANCE EDUCATION PROJECT
Transfers $390 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 244
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 147-19.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Discussion?
MR. KANEALI`I-KLEINFELDER: Again, I ask for your support for another
resolution. Specifically, this one is to bring a summer dance program to our
Pahoa district park in June. It's for funding the instructors. A very good
opportunity and a little bit of love for my district and Pahoa park.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Page 33
Hawaii County Council-11 May 8,2019
Vote on Res. 147-19: The motion to adopt Res. 147-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 147 is adopted.
Res. 149-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC
IMAGE INC. FOR REIMBURSEMENT OF EXPENSES RELATED TO
"UNKO BOOGIE'S POHO`IKI BAY SURFING CLASSIC"
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. 246
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 149-19. Seconded by
Ms. David.
ACTING CHR. EOFF: Any discussion?
MS. VILLEGAS: I just want to make a couple of comments. This contest had
already happened. I know it was a great success. It just took a little while to get
the funding allocated. But having spoken to the people who put it on, I know that
the resources are incredibly necessary to help them cover the prior costs. I'm
extremely grateful for all of the work that was done to revitalize Poho`iki and the
community there. It's a real honor, and it's something I hold close to my heart,
having watermen and waterwomen centric events for our community to
participate in. So, I just ask for your support.
ACTING CHR. EOFF: Thank you. All in favor,please say "aye."
Page 34
Hawaii County Council-11 May 8,2019
Vote on Res. 149-19: The motion to adopt Res. 149-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 149 is adopted.
Resolution 150.
Res. 150-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
D.A.R.E. HAWAII FOR THE 2019 DARE DAY CELEBRATION EVENT IN
EAST HAWAII
Transfers $800 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Hawaii Police Department, Police
Administration Division—Other Current Expenses account.
Reference: Comm. 248
Intr. by: Mr. Chung
Vote on Res. 150-19: Mr. Chung moved to adopt Res. 150-19. Seconded by
(Adopted) Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 150 is adopted.
Page 35
Hawaii County Council-11 May 8,2019
Res. 151-19: 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 CHIEFESS KAPIOLANI
ELEMENTARY SCHOOL
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 249
Intr. by: Mr. Chung
Vote on Res. 151-19: Mr. Chung moved to adopt Res. 151-19. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 151 is adopted.
Res. 152-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE
35TH ANNUAL QUIKSILVER/BIG ISLAND PRO-AM SURFING TRIALS
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 250
Intr. by: Mr. Chung
Page 36
Hawaii County Council-11 May 8,2019
Vote on Res. 152-19: Mr. Chung moved to adopt Res. 152-19. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 152 is adopted.
Res. 153-19: 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 BOYS
AND GIRLS CLUB OF THE BIG ISLAND FOR EXPENSES RELATED TO ITS
HILO AFTER-SCHOOL PROGRAM
Transfers $4,500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 251
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 153-19. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any discussion? Seeing none, all in favor
MR. RICHARDS: Wait.
ACTING CHR. EOFF: Oh, wait.
MR. RICHARDS: I'm going to be quick. The Boys and Girls Club, and this is
the after-school program that many of us have supported, GIA (Grant-In-Aid) has
supported. This is one of those multiplier programs. So, Chair Chung, I
appreciate you supporting that `cause so many of us do.
ACTING CHR. EOFF: Thank you, Mr. Richards. All in favor, please say "aye."
Page 37
Hawaii County Council-11 May 8,2019
Vote on Res. 153-19: The motion to adopt Res. 153-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 153 is adopted.
Res. 154-19: 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
NORTH KOHALA COMMUNITY RESOURCE CENTER AS
REIMBURSEMENT FOR EXPENSES INCURRED BY THE KOHALA HIGH
SCHOOL VEX ROBOTICS TEAM FOR ITS ATTENDANCE AT THE
2019 VEX ROBOTICS WORLD CHAMPIONSHIP COMPETITION
Transfers $1,100 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 252
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 154-19. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Any discussion?
MR. RICHARDS: Just real quick. It says "Paul Harvey, Rest of the Story." And
for you younger Council Members that don't know who Paul Harvey is, you can
google him.
As you know, we gave a certificate to the robotics team from Kohala High; they
had won the State. They participated in a competition where they were using the
metal version of the robotics. And out of 36 high schools, they won. They went
to the national or the world's. And back on the Mainland, I think it was
Kentucky, they finished overall 141h out of 97 teams. They did exceptionally
well, and they won the Create Award.
Page 38
Hawaii County Council-11 May 8,2019
This is the great thing about the Big Island. A little school on the northern tip,
and they go to the world. So, congratulations, Kohala High. Congratulations,
Fern White, for all you do. It makes me very happy to support this. I ask for your
support.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye."
Vote on Res. 154-19: The motion to adopt Res. 154-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff–9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 154 is adopted.
Res. 158-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA LEO
`O HAWAII TO ASSIST WITH EXPENSES RELATED TO THE
PRODUCTION OF A DOCUMENTARY REGARDING THE COUNTY OF
HAWAII'S SISTER-CITY RELATIONSHIP WITH IKAHO/SHIBUKAWA,
JAPAN
Transfers $2,750 from the Clerk-Council Services –Contingency Relief account
(Council District 2); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 260
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 158-19. Seconded by
Ms. Lee Loy.
MR. CHUNG: This is going to take a little explanation from me.
ACTING CHR. EOFF: Okay, discussion.
MR. CHUNG: And this is the last of my CRF (Contingency Relief Fund) monies.
So, you won't be hearing from me anymore—this fiscal anyway. As all of you
know, we have been partnering with Na Leo. They've been doing a really good
Page 39
Hawaii County Council-11 May 8,2019
job in helping us out in many regards. And so, I did talk to their president,
Mr. Stacy Higa, about now making a documentary or at least highlighting the
long-standing relationship, 21 years I think, with Ikaho.
As you know, our connection is with the hula festivals, our Merrie Monarch and
their Hawaiian Hula Festival where the winners of the Merrie Monarch go and
participate there. So, I asked him if it would be possible for him to put together
something, and the first thing he told me was, "You know how much something
like that costs?" I said, "Well, we can put in a little money to help with the
production." And this really is a drop in the bucket to how much it's going to cost
them, but at least it's our buy-in since it was at our request.
Last year, they had done a similar documentary, done in Japan, and they had won
a national award. And I told Mr. Higa that, "I guarantee you, if that other one
won a national award, this one is going to be way better `cause it's much more
significant." I know Ms. Lee Loy has been there. Ms. Poindexter has been there.
And I'm inviting whoever wants to go this year to,please,just go up there. It's
going to be a special celebration given the filming of the relationship. So, I'd
urge whoever can make it, to go this year. But that's the backstory to this. It's a
very important relationship that we've had for many years. Thank you.
ACTING CHR. EOFF: Thank you. Okay, all in favor please say "aye."
Vote on Res. 158-19: The motion to adopt Res. 158-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 158 is adopted.
Page 40
Hawaii County Council-11 May 8,2019
Res. 160-19: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES'
EXECUTIVE COMMITTEE SLATE OF OFFICERS
Requests the Council's approval of the following slate of officers and their
alternates to serve a term beginning July 1, 2019: Joey Manahan, President
(Ikaika Anderson, Alternate); Ross Kagawa, Vice President (Arthur Brun,
Alternate); Ashley L. Kierkiewicz, Secretary (Rebecca Villegas, Alternate); and
Kelly T. King, Treasurer (Tamara Paltin, Alternate).
Reference: Comm. 267
Intr. by: Ms. Poindexter
Waived: GREDC
Motion to Approve: Ms. Poindexter moved to adopt Res. 160-19. Seconded by
Ms. David.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: It's self-explanatory if anybody has any questions. We've
done this year after year, but this was the slate that the Executive Committee
approved of and sent to the different councils.
ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Any questions?
Ms. Lee Loy.
MS. LEE LOY: I think I heard it. So, all the other counties adopt similar ?
MS. POINDEXTER: Yes.
MS. LEE LOY: Perfect, thank you.
ACTING CHR. EOFF: Okay, thank you. And I'm not sure if this isoh, any
other comments or questions? I'm not sure if this would be the appropriate time,
but I just wanted to thank you, Ms. Poindexter, for serving as the president of
HSAC (Hawai`i State Association of Counties) this last term. Okay. All in favor,
please say "aye."
Page 41
Hawaii County Council-11 May 8,2019
Vote on Res. 160-19: The motion to adopt Res. 160-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 160 is adopted.
Res. 161-19: APPROVES THE NOMINATION OF MEMBERS OF THE NATIONAL
ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND THE
WESTERN INTERSTATE REGION BOARD OF DIRECTORS
Requests the Council's approval to nominate Herbert M. "Tim" Richards and
Ikaika Anderson to the National Association of Counties Board of Directors and
Mason K. Chock and Kelly T. King to the Western Interstate Region Board of
Directors, all for terms beginning July 1, 2019.
Reference: Comm. 268
Intr. by: Ms. Poindexter
Waived: GREDC
Motion to Approve: Ms. Poindexter moved to adopt Res. 161-19. Seconded by
Ms. Villegas.
ACTING CHR. EOFF: Any discussion?
MS. POINDEXTER: I think it's self-explanatory. We have Tim Richards listed
here on the NACo (National Association of Counties) Board for Hawaii County.
So, we have, like, one from each of the counties. I don't know if thisI know
that I heard that Kauai is going to be at our next HSAC meeting and requesting a
change, but until we hear what that is, who will be their representative?
ACTING CHR. EOFF: Okay, thank you. Any questions? Seeing none, all in
favor please say "aye."
Page 42
Hawaii County Council-11 May 8,2019
Vote on Res. 161-19: The motion to adopt Res. 161-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 161 is approved.
Res. 162-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
HUI OKINAWA TO ASSIST WITH EXPENSES RELATED TO THE
LOOCHOO STUDIES WORKSHOPS
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 269
Intr. by: Mr. Chung
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: I guess I had $500 more. So, I move to approve.
Motion to Approve: Mr. Chung moved to adopt Res. 162-19. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: This is the last of your contingency funds.
MR. CHUNG: Yeah.
ACTING CHR. EOFF: All in favor,please say "aye."
Page 43
Hawaii County Council-11 May 8,2019
Vote on Res. 162-19: The motion to adopt Res. 162-19 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Resolution 162 is approved.
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 57: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 18-53 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF
2019
Establishes rates of compensation for appointed employees in the Legislative
Branch and the Office of Housing and Community Development, the County
Physician, and Student Helpers and Senior Community Services Aids for various
County agencies.
Reference: Comm. 223
Intr. by: Ms. David (B/R)
Approve: FC-31
Motion to Approve: Ms. David moved to pass Bill 57 on first reading and adopt
Finance Committee Report No. 31. Seconded by
Ms. Villegas.
ACTING CHR. EOFF: Any comments?
MR. HENRICKS: Madam Chair, real briefly, last time we had this or we talked
of this at Committee, I had asked for the Council if it was interested in perhaps
taking a look at this, an amendment we would propose to clean up the Salary
Ordinance. After we talked story with our department, the County Department of
Human Resources, and with our Human Resources Technician for our
Page 44
Hawaii County Council-11 May 8,2019
department, next year will provide a better opportunity to take a holistic approach
to the Salary Ordinance. So, we will hold off until then. So, that's why you're
not seeing the amendment today. I just wanted to explain that.
ACTING CHR. EOFF: Okay, thank you for reminding us about that. And we'll
look forward to that next year. All in favor,please say "aye."
Vote on Bill 57: The motion to pass Bill 57 on first reading and adopt
(Approved) Finance Committee Report No. 31 was carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 57 will move to second reading.
Bill 65: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the following Parks and Recreation Administration
accounts: Salaries and Wages ($15,000) and Other Current Expenses ($165,000),
for a total of$180,000; and appropriates to the Transfer to Golf Course Fund
account. Funds would be used by the Golf Course to mitigate a forecasted
shortfall in revenue and higher than anticipated salary expenditures.
Reference: Comm. 255
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 65 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Discussion?
MR. RICHARDS: I have questions. Do we have somebody from Parks and Rec.
or Finance to come up on this?
MS. DAVID: I was told that either the department, Roxcie, Reid Sewake, or the
Business Manager from Parks and Rec. was going to be there today. I don't
know. Ms. Kierkiewicz, do we have anyone?
Page 45
Hawaii County Council-11 May 8,2019
MS. KIERKIEWICZ: Chair, they're walking in. We have Director Sako,
Director Waltjen, Deputy Director Messina.
MS. DAVID: Thank you. Mr. Richards, may I ?
MR. RICHARDS: Yeah. Perhaps both. Looks like Bills 65 and 66 are
companions of each other, and can you walls us through the explanation on all of
these, please?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Sure. From the financial standpoint—Deanna Sako, Director of
Finance—from a financial standpoint, within a department normally a department
director can just make that decision to transfer money from one of their sections
or departments to another. But because it's a separate fund, we need Council
action. And this is an unusual year in that we need to give the Golf Course Fund
additional funding.
And so, the first one on, I want to say Bill 65, is the General Fund side of it
because each fund has to be balanced within itself. So, the General Fund is
reducing the Parks and Rec. Administration account by 180,000 and increasing
the Transfer to Golf Course Fund by 180,000. And then Bill 66, which is the next
one, is the Golf Course Fund side of things. And I believe that's the one where
we also have an additional communication that we ask to amend.
MR. RICHARDS: Okay, thanks, Deanna. When you say this is unusual, can you
just articulate that for people that might be watching?
MS. SAKO: I don't remember having to transfer money to the Golf Course Fund
in a really long time, if ever, since I've been here. But I didn't go back and
actually look at that, but it's not common. It's not something that happens mid-
year.
MR. RICHARDS: Okay. And as I understand, this is because of inclement
weather, thereby playership was down so thereby revenues were down. Is that
how I'm understanding this?
MS. SAKO: I think it's kind of a cumulative effect in that they started out with a
lower-than-expected Fund Balance. So, we weren't able to meet our projection of
what we thought would be the Fund Balance carryover because of a bad year last
year. Some of that was due to the construction also going on at the golf course.
And then, this year the inclement weather and rain just really—when it's raining
Page 46
Hawaii County Council-11 May 8,2019
hard, people can't play. And so, that combination together, we just need to kind
of help them out because it is something the auditors look at. And we do not want
them to end the year with, like, a negative Fund Balance.
MR. RICHARDS: Okay, thank you. I yield.
ACTING CHR. EOFF: Thank you. Any other questions? Seeing none, all in
favor please say "aye."
Vote on Bill 65: The motion to pass Bill 65 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 65 will go to second reading.
Bill 66: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Transfer from General Fund account ($180,000);
and appropriates the same to the Golf Course Salaries and Wages account. Funds
would be used toward higher than anticipated salary expenses.
Reference: Comm. 256
Intr. by: Ms. David (B/R)
Waived: FC
(Note: Comm. 256.1 from Finance Director Deanna Sako, dated May 2, 2019,
transmitting proposed amendments to Bill 66, was circulated.)
Motion to Approve: Ms. David moved to pass Bill 66 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Council Members, do you have Communication 256.1?
MS. DAVID: Yes.
Page 47
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Ms. Sako referred to it. Okay, so, we can go into
discussion on Bill 66 or we can go straight to the amendment if someone wants to
introduce that.
MS. DAVID: Well, I think—if I may, Chair?
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Ms. Sako, a waiver was also requested to expedite this transaction,
and that is so that we could meet our fiscal year
MS. SAKO: Yeah, due to the closeness to the end of the fiscal year and it does
require two readings, but (inaudible) we requested a waiver but then, in our case,
we weren't really that focused. So, a former budget administrator was kind
enough to remind me that I might not have done that correctly. And so, we did
submit 256.1, if someone would be so kind as to amend.
MS. DAVID: Thank you.
Motion to Amend: Ms. Lee Loy moved to amend Bill 66 with the contents of
Comm. 256.1. Seconded by Mr. Richards.
ACTING CHR. EOFF: Back to discussion on Communication 256.1 and Bill 66.
Any further discussion? Ms. Sako.
MS. SAKO: If you just want me to walls through it, it increases the Transfer from
General Fund and it reduces the two revenue accounts that basically were low this
year, both being Fund Balance from Previous Year and the Green Fees. But they
do need a little bit more money in Salaries and Wages to cover collective
bargaining and different things. So, that's our amendment.
ACTING CHR. EOFF: Okay, thank you. Questions? Seeing none, all in favor
of amending Bill 66 with the contents of Communication 256.1 please say "aye."
Vote on Motion to The motion to amend Bill 66 with the contents of
Amend: Comm. 256.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Page 48
Hawaii County Council-11 May 8,2019
ACTING CHR. EOFF: Motion carries. Now, back to Bill 66, as amended. Any
further discussion? Seeing none, all in favor please say "aye."
Vote on Bill 66: The motion to pass Bill 66, as amended to Draft 2, on first
Draft 2 reading was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 66, as amended, will go to second reading. Bill 68.
MS. SAKO: Thank you.
ACTING CHR. EOFF: You're welcome.
Bill 68: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the Federal Grants —Department of Health (DOH)
Complete Streets account ($45,000); and appropriates the same to the DOH
Complete Streets —Federal account. Funds would be used by the Planning
Department to allow staff to attend Complete Streets training.
Reference: Comm. 258
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 68 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion on this? Oh, we already discussed it in
the resolution. Okay, all in favor please say "aye."
Page 49
Hawaii County Council-11 May 8,2019
Vote on Bill 68: The motion to pass Bill 68 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 68 will go to second reading.
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 48: AMENDS ORDINANCE NO. 12-156, WHICH AMENDED ORDINANCE
NO. 02-64, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL—FIVE ACRES (A-5a) TO SINGLE FAMILY
RESIDENTIAL—20,000 SQUARE FEET (RS-20) AT KALAOA 4TH
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:030
(Applicant: Ellen Garver Koizumi) (Area: Approximately 3.13 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment to allow for a five-year time extension to Condition D (Final
Subdivision Approval). The applicant proposes to develop a six-lot subdivision.
The property is located adjacent to the Kona Coastview Subdivision to the south,
at the end of Leimomi Street.
Reference: Comm. 197
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: April 24, 2019
Page 50
Hawaii County Council-11 May 8,2019
Vote on Bill 48: Ms. Kierkiewicz moved to pass Bill 48 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 48 is adopted.
Bill 60: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants —Keolahou Assessment Center
Program account ($2,511,829); and appropriates the same to the Keolahou
Assessment Center Program—State account. Funds would be used to develop,
operate, and administer an assessment center for homeless men that are
transitioning to permanent housing.
Reference: Comm. 227
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Vote on Bill 60: Ms. David moved to pass Bill 60 on second and final
(Adopted) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Bill 60 is adopted.
Page 51
Hawaii County Council-11 May 8,2019
Bill 61: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants —North Kohala Coqui Frog Control
Project account ($49,896); and appropriates the same to the North Kohala Coqui
Frog Control Project account. Funds would be used to control and eradicate
coqui frog infestations in the North Kohala district.
Reference: Comm. 228
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Vote on Bill 61: Ms. David moved to pass Bill 61 on second and final
(Adopted) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 61 is adopted.
Bill 62: 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 —Violence Against Women account
($39,197); and appropriates the same to the Violence Against Women account,
bringing the total appropriation to $98,197. Funds would be used for a Deputy
Prosecutor position in the Office of the Prosecuting Attorney.
Reference: Comm. 232
Intr. by: Ms. David (B/R)
First Reading: April 24, 2019
Page 52
Hawaii County Council-11 May 8,2019
Vote on Bill 62: Ms. David moved to pass Bill 62 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Bill 62 is adopted.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
FC-28 NOMINATION OF ISABELLA HUGHES TO THE MERIT APPEALS BOARD
(Comm. 221):
Requires Council
Confirmation by: May 18, 2019 (Section 13-4(1),
Hawaii County Charter)
Vote on FC-28: Ms. David moved to adopt Finance Committee Report
(Adopted) No. 28. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and that completes the nomination of
Isabella Hughes to the Merit Appeals Board.
FC-29 NOMINATION OF MELVIN VENTURA TO THE MERIT APPEALS BOARD
(Comm. 222):
Requires Council
Confirmation by: May 18, 2019 (Section 13-4(1),
Hawaii County Charter)
Page 53
Hawaii County Council-11 May 8,2019
Vote on FC-29: Mr. Kaneali`i-Kleinfelder moved to adopt Finance
(Adopted) Committee Report No. 29. Seconded by Ms. Villegas and
carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, and Melvin Ventura is confirmed to the
Merit Appeals Board.
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.)
ACTING CHR. EOFF: Before I get a motion to adjourn, can we just check and
make sure we completed all of our agenda? We're good? Okay. Motion to
adjourn?
ADJOURN- Mr. Richards moved to adjourn the meeting. Seconded by Ms. David.
MENT:
ACTING CHR. EOFF: Oh, wait.
MR. KANEALI`I-KLEINFELDER: Sorry, I have one thing before we all go.
ACTING CHR. EOFF: Okay, go ahead.
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
MR. KANEALI`I-KLEINFELDER: Today is the 200'h anniversary of the passing
of King Kamehameha. There was a celebration this morning. I was not there, but
I just wanted to say
MS. DAVID: (Inaudible).
Page 54
Hawai`i County Council-11 May 8,2019
MR. KANEALI`I-KLEINFELDER: Yeah. So, thank you.
ACTING CHR. EOFF: Thank you. Ms. David, you want to make a comment.
MS. DAVID: Yes, and I'm thanking him for remembering that. And I should
have remembered that because I want to do a shout-out to my daughter. Her
birthday's today, too. Awesome. Happy birthday, Lei. Aloha.
ACTING CHR. EOFF: Okay, thank you. Now, the motion to adjourn was made
by whom? Mr. Richards? And seconded by Ms. David. All in favor, please say
"aye."
ADJOURN- There being no further business, at 11:16 a.m., Mr. Richards moved to adjourn the
MENT: meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: This meeting's adjourned. Nine ayes. Thank you very
much. •
Council Approval:
JUN042O19
COUNT'
RK
JH/dg
Page 55