HomeMy WebLinkAboutMIN COUNCIL 2015/02/18 2014-2016HAWAII COUNTY COUNCIL
61h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
February 18, 2015
INVOCATION: Executive Assistant Joseph Kealoha, from the Mayor's Office, gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to
ORDER: order at 9:02 a.m., in the Council Chambers, Kailua-Kona, by
Mr. Dru Mamo Kanuha, Chair.
ROLL CALL:
Present: Mr.
Dru Mamo Kanuha, Chair
Ms.
Valerie T. Poindexter, Vice Chair
Mr.
Aaron S. Y. Chung, Member
Ms.
Maile "Medeiros" David, Member
Ms.
Karen Eoff, Member
Mr.
Greggor Eagan, Member (via videoconference from Hilo)
Mr.
Dennis "Fresh" Onishi, Member (via videoconference from Hilo)
(came in later)
Mr.
Danny Paleka, Member
Ms.
Margaret Wille, Member
MR. HENRICKS: Chair Kanuha, you have eight members present.
CHR KANUHA: Thank you. I did have memos from Mr. Eagan, who will be
attending a Hawaiian Paradise Park Homeowners Association meeting tonight in
Puna, which is why he is now videoconferencing from Hilo; and Mr. Onishi will
be here shortly. He will be leaving out of Hilo to Washington D.C. later on this
afternoon, so that's why he requested to be videoconferencing from Hilo, for the
public's knowledge and for the rest of the Council Members. Thank you,
Mr. Clerk.
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Mr. Eagan?
MR. ILAGAN: I just want to let you know that Council Member Dennis "Fresh"
Onishi is currently in the Hilo Council Chambers.
Hawaii County Council -6
PLEDGE OF
ALLEGIANCE
PETITIONS,
MEMORIALS,
CERTIFICATES
OF MERIT, AND
EXPRESSIONS OF
CONDOLENCE:
Global Virtual
Studio "GVS"
Transmedia
Accelerator:
Motion to Close File:
Recess:
Reconvene:
February 18, 2015
CHR KANUHA: Okay thank you, Mr. Eagan. Welcome, Mr. Onishi.
Ms. Wille, may you lead us in the Pledge of Allegiance, please?
The Chair directed the Council to the next order of business, Pledge of
Allegiance.
(At this time, Ms. Wille led the Council in the Pledge of
Allegiance.)
CHR KANUHA: Mahalo, Ms. Wille.
The Chair directed the Council to proceed to the next order of business,
Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
Presentation of a Certificate of Merit Sponsored by Council Member
Karen Eoff recognizing "GVS" Transmedia Accelerator for being selected by the
United States Small Business Administration as a top business accelerator in the
nation.
Reference: Comm. 60
Ms. Eoff moved to close file on Comm. 60. Seconded by
Ms. David.
(Note: At this time, Ms. Eoff presented "GVS" Transmedia
Accelerator with a Certificate of Merit.)
The Chair called for a recess at 9:17 a.m.
The meeting reconvened at 9:21 a.m.
CHR KANUHA: Okay, we are coming out of recess. Mahalo, Ms. Eoff Next
we have Statements from the Public on Agenda Items. Oh sorry, we've got to
vote on Communication 60.
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Hawaii County Council -6
Vote on Comm. 60
Filed
February 18, 2015
The motion to close file on Comm. 60 was carried by the
following roll call vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Thank you. Okay, next we have Statements from the Public
on Agenda Items. I have two here in Kona, and we can bring them up:
Mark Bartell and Don West. Okay, we'll check with the other sites. Pahoa any
testifiers? Sorry, can you say that one more time? Your microphone wasn't on.
Okay, let me go to another site and then I'll come back to you. Waimea, any
testifiers?
MR. HIRT: Good morning, Chair. We do not have any testifiers for Council
today.
CHR KANUHA: Thank you. Ka`u?
MS. ALEXANDER: Good morning, Mr. Chair. We have one testifier this
morning, regarding Resolution 80-15 and 81-15.
CHR KANUHA: Thank you. Kohala, any testifiers?
MS. SWEENEY: Aloha, Chair. We have no testifiers for Council today.
CHR KANUHA: Mahalo. Hilo, any testifiers?
MS. AVENUE: Good morning, Mr. Chair. Yes, we do have seven testifiers in
Hilo.
CHR KANUHA: Thank you. Okay, we'll go back to Pahoa. Pahoa, any
testifiers?
MS. NAMAHOE: Good morning, Mr. Chair. We have no testifiers here in
Pahoa.
CHR KANUHA: Thank you, so much. Great to see you back.
MS. NAMAHOE: Thank you.
CHR KANUHA: Okay, we'll start here in Kona, with our two testifiers.
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Hawaii County Council -6 February 18, 2015
STATEMENTS The 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 Chair:
Mark Bartel:
(Representing the Game
Management Advisory
Commission)
Dawn West:
Mele N. Spencer:
(Representing the Hawaii
County Committee on
the Status of Women, and
the Hawaii Island Women's
Leadership Forum)
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Yes?
Res. 82-15 (Comm. 122); in support.
Res. 64-15 (Comm. 102), in support.
Res. 60-15 (Comm. 95), in support;
Res. 66-15 (Comm. 104), in support; and
Res. 74-15 (Comm. 113), in support.
MR. ILAGAN: May we take a five minute recess because there's feedback in
Hilo, and I want to make sure that we can do something about it?
CHR KANUHA: Staff, what do you—okay, we'll take a five minute recess just
to make sure that the equipment is working right. Okay, recess.
Recess: At 9:34 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:45 a.m.
CHR KANUHA: Okay, we are coming out of recess. I apologize to the public
and the Council Members. We are trying to fix technical difficulties. So, we are
going to move on with public testimony. I think we are on Ka`u with their one
testifier. Next, we will go to Pahoa with their one testifier; and then I can bring
up to Kona. Laura and Frank Sayre, if you can step up to the testifiers' table?
But, we'll start with Ka`u. Ka`u your first testifier, please.
Statements from Farrah -Marie Gomes: Res. 70-15 (Comm. 108), in support;
the Public (cont.): Res. 79-15 (Comm. 119), in support; and
Res. 85-15 (Comm. 128), in support.
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Hawaii County Council -6
Richard Abbett:
Toby Hazel:
February 18, 2015
Res. 80-15 (Comm. 120), in support; and
Res. 81-15 (Comm. 121), in support.
Res. 60-15 (Comm. 95), in support;
Res. 66-15 (Comm. 104), in support; and
Res. 74-15 (Comm. 113), in support.
Laura Sayre: Res
(Representing the Daniel Res
Sayre Memorial Foundation) Res
Frank Sayre: Res
(Representing the Daniel Res
Sayre Memorial Foundation) Res
70-15 (Comm. 108), in support;
79-15 (Comm. 119), in support; and
85-15, in support.
70-15 (Comm. 108), in support;
79-15 (Comm. 119), in support; and
85-15, in support.
Deborah Chai: Res. 68-15 (Comm. 106, in support; and
(Representing the Office Res. 69-15 (Comm. 107), in support.
of the Prosecuting Attorney)
Ryan Kohatsu: Res. 68-15 (Comm. 106), in support; and
(Representing the Hawaii Res. 69-15 (Comm. 107), in support.
Sportsmen's Alliance)
Brett Doro: Res. 85-16 (Comm. 128), in support.
Michelle Sylvester: Res. 82-15 (Comm. 122), in support.
Tom Lodge: Res
(Representing the Game
Management Advisory
Commission)
Joy Cash:
Res
Res
Res
Res
Res
Res
Res
Res
Res
Res
Res
Res
82-15 (Comm. 122), in support.
50-15 (Comm.
79), in support;
55-15 (Comm.
88), in support;
60-15 (Comm.
95), in support;
62-15 (Comm.
100), in support;
63-15 (Comm.
101), in support;
64-15 (Comm.
102), in support;
66-15 (Comm.
104), in support;
67-15 (Comm.
105), in support;
68-15 (Comm.
106), in support;
69-15 (Comm.
107), in support;
70-15 (Comm.
108), in support;
74-15 (Comm.
113), in support;
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Hawaii County Council -6
February 18, 2015
Joy Cash (cont.) Res. 79-15 (Comm. 119), in support;
Res. 85-15 (Comm. 128), in support;
Bill 17 (Comm. 63), in support;
Bill 18 (Comm. 64), in support;
Bill 20 (Comm. 82), in support; and
Bill 21 (Comm. 83), in support.
Kerri Marks: Res. 50-15 (Comm. 79), comment;
Res. 70-15 (Comm. 108), in support;
Res. 79-15 (Comm. 119), in support; and
Res. 82-15 (Comm. 122), in support.
CHR KANUHA: Thank you for your testimony. Hilo, any others or that was the
last one?
MS. AVENUE: That was our final testifier.
CHR KANUHA: Okay, there's none here in Kona; but I'll again for Kona and
all outlying sites. Is there anyone else wishing to testify? Hearing or seeing none,
I will close public testimony. Council Members, it's 10:30, and I'd like to take a
five minute recess. Brief recess, so that we can continue with the Order of
Resolutions. Okay, we are in recess.
Recess: At 10:40 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:51 a.m.
CHR KANUHA: Okay, we are coming out of recess. We'll start with the
Order of Resolutions. I think we'll go from the top, unless we have any request.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
(There were none.)
COMMUNI The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
CHR KANUHA: Res. 41-15, Mr. Clerk.
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February 18, 2015
Res. 41-15: AUTHORIZES APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION
TO SATISFY CONDITION "M" OF ORDINANCE NO. 09-149
Authorizes the reimbursement of $2,400, the cost of contributing a 15 -foot wide
future road widening strip along the property frontage of Ainaola Drive, to offset
future fair share contributions.
Reference: Comm. 65
Intr. by: Mr. Eagan (B/R)
Approve: PC -2
Motion to Approve: Mr. Eagan moved to adopt Resolution 41-15 and
Planning Committee Report No. 2. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan, you have the floor.
MR. ILAGAN: Mr. Chair, may I make a motion to suspend the rules to allow
voice vote because we're over here in Hilo?
CHR KANUHA: Okay, we might have to have two motions to suspend the
rules, I think, because you're over there in Hilo and it's a Council day. Is that
correct, Mr. Clerk?
MR. ILAGAN: Okay.
MR. HENRICKS: I think it would be okay as long as everybody understands
we're suspending multiple rules for the same purpose, which is to allow voice
votes during this meeting. We can combine it into one motion.
CHR KANUHA: Okay.
MR. HENRICKS: That's fine as long as everybody is on the same page.
CHR KANUHA: Thank you, Mr. Clerk. Motion to suspend the rules to allow
voice votes.
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Hawaii County Council -6 February 18, 2015
Vote on Motion
Mr. Eagan moved to suspend Council Rule 10 to allow
to Suspend
voice votes. Seconded by Ms. Poindexter and carried by
Council Rules:
the following roll call vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Thank you, motion passes. Okay, Mr. Eagan, you have the
floor for Resolution 41-15.
MR. ILAGAN: Mr. Chair, may I make a motion to suspend the five-day holdover
for all resolutions? The reason why I'm making that motion is because it looks
like there are a lot of important resolutions and to make that motion over and over
would be really repetitive.
Motion to Suspend Mr. Eagan moved to suspend Council Rule 15 to waive the
Council Rules: five-day hold for reconsideration. Seconded by Mr. Onishi.
CHR KANUHA: There's no discussion on this. Is this appropriate, Mr. Clerk?
MR. HENRICKS: My only concern is, we might want—when we're doing this in
the middle of discussion about a particular resolution, we kind of have a main
motion on the floor; we seem to be doing incidental motions.
My other concern is we never done a mass rule suspension for multiple
resolutions to suspend reconsiderations, so I really don't have any research to
suggest that either that is permitted or prohibited. I just caution the Council to
move forward. It would be unprecedented as far as my knowledge, you know,
I'm aware of.
CHR KANUHA: Thank you, Mr. Clerk. I want to make sure that we are legally
okay to do this. Is our Corporation Counsel—if we want to keep this resolution, I
mean this motion on the floor, I think I need to ask our Corporation Counsel if
this is okay to suspend the rules for 21 items.
(Note: At this time, Corporation Counsel Molly Stebbins
came forward to address the members of the Council.)
MS. STEBBINS: Good morning, Chair Kanuha, and Council Members.
Molly Stebbins, Corporation Counsel. I think as Deputy Clerk Henricks
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Hawaii County Council -6
February 18, 2015
recommended it might be good to just stick with what your standard practice is
and not do anything unprecedented.
MR. ILAGAN: So our standard practice, we have done it before? If you're
saying our standard practice it's alreadyI'm sorry, there's an echo. It's so hard
to --okay, we did it in Kona. I'm sorry, guys, it's just so hard to talk while there's
this echo.
CHR KANUHA: Okay, can all the sites turn off your microphones, please?
Everybody, unless you're talking, to turn off your microphone. Okay, Mr. Eagan
you may proceed.
MR. ILAGAN: Okay, I just want to say the purpose of doing this is to expedite
our meetings, and it's to waive the five day holdover for all the reso that we have
for this meeting. We have done it before in Kona. That's all I could really say.
MS. STEBBINS: Okay, I understand what you're purposing. I think that sounds
fine.
CHR KANUHA: Thank you. Okay, I'm going to go right ahead. The motion
on the floor is to suspend the 5 -day holdover for—should I name all
these resolutions? Resolution 41-15, Resolution 50-15, Resolution 55-15, and
Resolution 60-15. Okay, we haven't even discussed any of these yet. That's
the problem I'm having with this. I think we should do this after the fact,
Mr. Eagan, you know, after we go through these resolutions, then we can do a
blanket suspend the rules on the resolutions that we've gone through. I think
that would be the more appropriate way to do it.
MR. ILAGAN: That sounds fine for me.
CHR KANUHA: Thank you. Would you like to withdraw your motion?
Withdraw Motion MR. ILAGAN: I withdraw the motion.
to Suspend
Council Rules: CHR KANUHA: Thank you, Mr. Eagan, I appreciate that. Okay, back on
Resolution 41-15, you still have the floor.
MR. ILAGAN: Thank you, Mr. Chair. Regarding Resolution 41-15, we
discussed it in the Planning Committee, and unless anybody has any questions I
yield at this time.
CHR KANUHA: Okay, any other discussion on Resolution 41-15? Hearing or
seeing none, all in favor say "aye."
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February 18, 2015
Vote on Res. 41-15: The motion to adopt Res. 41-15 and Planning Committee
(Adopted) Report No. 2 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Poindexter, Wille, and Chair Kanuha - 8.
Noes: None.
Absent: Council Member Paleka - 1.
Excused: None.
CHR KANUHA: Motion passes. I will—is it okay, Ms. Wille, if we go over this
one, I mean, leave it to a little bit after? Thank you. Resolution 55-15.
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
Res. 55-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE HAWAII HEALTH SYSTEMS CORPORATION,
HILO MEDICAL CENTER (HMC), PURSUANT TO HAWAII REVISED
STATUTES SECTION 46-7, TO PROVIDE DISPOSAL SERVICES OF
NON -HOSPITAL INFECTIOUS WASTE FROM THE HAWAII FIRE
DEPARMENT'S EMERGENCY MEDICAL SERVICES BUREAU
Provides for the disposal of non -hospital infectious waste at a cost of $3.50 per
pound, which may be increased upon written notice by HMC.
Vote on Res. 55-15
(Adopted)
Reference: Comm. 88
Intr. by: Ms. Eoff
Approve: FC -6
Ms. Eoff moved to adopt Res. 55-15 and Finance
Committee Report No. 6. Seconded by Ms. Poindexter
and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Poindexter, Wille, and Chair Kanuha - 8.
Noes: None.
Absent: Council Member Paleka - 1.
Excused: None.
CHR KANUHA: Motion passes. Resolution 60-15, Mr. Clerk.
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Hawaii County Council -6
February 18, 2015
Res. 60-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND
WOMEN'S LEADERSHIP FORUM
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 7); and credits the same to the
Office of the Prosecuting Attorney, Committee on Status of Women,
Miscellaneous Contract Services account (2015 Hawaii Island Women's
Leadership Forum). Funds would be used to pay for promotional and educational
materials.
Motion to Approve:
Vote on Res. 60-15
(Adopted)
Reference: Comm. 95
Intr. by: Mr. Kanuha
Ms. Eoff moved to adopt Res. 60-15. Seconded by
Ms. David.
CHR KANUHA: Any discussion? Okay, briefly I would like to say that I am
happy to support the Hawaii Island Women's Leadership Forum. I continue to
support it. I supported it in the past. There are other Council Members that have
their resolutions coming forward, so they can speak more about if they'd like to.
But, I'm just happy to support this forum. So, any other discussion? All in favor
say "aye."
The motion to adopt Res. 60-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk Resolution 61-15.
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Hawaii County Council -6
February 18, 2015
Res. 61-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR HAWAII ISLAND HUMANE
SOCIETY'S (HIHS) ANIMAL COMMUNITY CENTER
Transfers/appropriates $2,000 out and from the Clerk -Council Services –
Contingency Relief account (Council District 8); and credits the same to the
Hawaii Police Department–Animal Control Humane Society, Miscellaneous
Contract Services account (HIHS – Animal Community Center). Funds would be
used to pay for front entrance landscaping and rock wall enclosures.
Reference: Comm. 96
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 61-15. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you, Mr. Chair. I just want say that we did take—we went out
there for a site visit. This is the new grounds that the Humane Society is moving
to. It's beautiful. It's going to be quite large area and a big improvement over
what they have now, so I wanted to help support their efforts there.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 61-15: The motion to adopt Res. 61-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 62-15.
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Hawaii County Council -6 February 18, 2015
Res. 62-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO CONTINUE THE BUS ROUTE
THAT SERVICES THE UNIVERSITY OF HAWAII AT HILO (UHH) AND
HAWAII COMMUNITY COLLEGE (HCC)
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous
Contract Services account (UHH/HCC Bus Route). Funds would be used to cover
operating expenses to continue the bus route servicing UHH and HCC students
during the academic year.
Reference: Comm. 100
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 62-15. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka, you have the floor.
MR. PALEKA: Mahalo. Yeah, it's just a partner bill to my fellow colleagues,
who have also funded this continuation of a bus route to the downtown area for
UH -Hilo and Hawaii Community College (HCC); that I would just hopefully get
your support on. Mahalo.
CHR KANUHA: Mahalo. Any other discussion?
MR. ONISHL Mr. Chair?
CHR KANUHA: Yeah, Mr. Onishi, you have the floor.
MR. ONISHL We have Tiffany Kai here, if you would like to make any
comments. Are you okay? She'll be coming up. Thanks, Tiffany.
(Note: At this time Mass Transit Administrator Tiffany Kai came
forward to address the members of the Council.)
MS. KAI: Good morning. Tiffany Kai, Mass Transit Administrator. First of all,
I just wanted to thank the Administration as well as the County Council for
supporting this pilot project. As you all know, we did implement the UH
(University of Hawaii) shuttle last fall; that lasted up until the end of December.
The whole purpose of the pilot project is to expand bus service for the UH and
HCC students to engage in community activities; so whether they're going to the
movies, shopping, downtown, we feel that this is an important aspect to the
students' activities and getting them out of the dorms and engaged them to
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Hawaii County Council -6
February 18, 2015
positive community activities. So, I believe that this is a good thing and I thank
you for the support of it.
CHR KANUHA: Mr. Onishi, any other comments.
MR. ONISHL I yield.
CHR KANUHA: Okay.
MR. ONISHL Thank you.
CHR KANUHA: Okay, any other discussion Council Members? Hearing or
seeing, none all in favor say "aye."
Vote on Res. 62-15: The motion to adopt Res. 62-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
MR. ONISHL Mr. Chair?
CHR KANUHA: Yes, Mr. Onishi?
MR. ONISHL Can we also do Resolution 67-15?
CHR KANUHA: Sure.
MR. ONISHL It's the same.
CHR KANUHA: Okay, Mr. Clerk 67-15.
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February 18, 2015
Res. 67-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO CONTINUE THE BUS ROUTE
THAT SERVICES THE UNIVERSITY OF HAWAII AT HILO (UHH) AND
HAWAII COMMUNITY COLLEGE (HCC)
Transfers/appropriates $5,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 3); and credits the same to the
Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous
Contract Services account (UHH/HCC Bus Route). Funds would be used to
cover operating expenses to continue the bus route servicing UHH and HCC
students during the academic year.
Reference: Comm. 105
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Resolution 67-15. Seconded by
Mr. Eagan.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL I just ask for support and, this is just to continue the bus routes for
the university students. Thank you.
CHR KANUHA: Thank you, very much. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 67-15: The motion to adopt Res. 67-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, Mr. Clerk, going back to
Resolution 63-15.
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February 18, 2015
Res. 63-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR HAWAII ISLAND HUMANE
SOCIETY'S (HIHS) ANIMAL COMMUNITY CENTER IN KEAUHOU
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 6); and credits the same to the
Hawaii Police Department—Animal Control Humane Society, Miscellaneous
Contract Services account (HIHS—Animal Community Center). Funds would be
used to purchase a permanent sign for the front entrance.
Reference: Comm. 101
Intr. by: Ms. David
CHR KANUHA: Ms. David.
Motion to Approve: Ms. David moved to adopt Resolution 63-15. Seconded by
Ms. Eoff.
CHR KANUHA: Ms. David, you have the floor.
MS. DAVID: Mahalo. This is another contingency, similar to that of Ms. Eoff. I
was also taken on a separate occasion to the new location. It is a beautiful
location. As a history, it used to be the Tanaka quarry back in the day.
The transformation of this place is unreal because of the amount of land area that
they have, and after the quarry it became the Fuku-Bonsai site. During my visit,
they have kept some of the prior Fuku-Bonsai items along the gardens and stuff to
implement and combined that with the pathways. So, it's a beautiful sight and
I'm very privileged to donate the funds so that they can get an appropriate sign at
the entrance at this new Humane Society location. I appreciate your support from
the Council Members. Mahalo.
CHR KANUHA: Thank you, Ms. David. Any other discussion, Council
Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 63-15: The motion to adopt Res. 63-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
Page 16
Hawaii County Council -6
CHR KANUHA: Motion passes. Resolution 64-15
February 18, 2015
Res. 64-15: SUPPORTS THE EFFORTS OF THE HAWAII STATE JUDICIARY IN
SEEKING AN APPROPRIATION FROM THE HAWAII STATE
LEGISLATURE FOR THE REMAINING BALANCE FOR THE
CONSTRUCTION AND COMPLETION OF THE KONA JUDICIARY
COMPLEX
Supports the State's effort to secure the remaining balance of $55 million to
complete the project.
Reference: Comm. 102
Intr. by: Mr. Chung
Waived: GREDC
Motion to Approve: Mr. Chung moved to adopt Res. 64-15. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Yes, just very briefly, Mr. Chairman. I think most of you know
how the people at the judiciary in Kona are operating out of really substandard
conditions. I know Ms. Wille whispered to me several weeks ago about the
design. I think that's something, you know, she had some concerns about the
design when she went to one of the informational meetings that they had, but I
think those things can be worked out. But, the main thing is to get the funding so
that these guys can move ahead.
I know it's odd for a person from East Hawaii to introduce something like this.
But, several years ago we got our judiciary building constructed over there and
it's greatly impacted, you know, both the profession as well as the services to the
people, so I'm hoping that this can go through.
Fresh and I actually did some lobbying at the legislature a few weeks ago on this
matter as well as others. We were very encouraged to find out that many of the
legislators knew about the conditions here in Kona. So, thank you again for your
support.
CHR KANUHA: Thank you, Mr. Chung. Ms. Wille.
MS. WILLE: Yeah, I clearly support this. We just have to go down. We should
get all of the state legislators to get a DUI (Driving Under the Influence) or
something, so they have to go and be a subject. Anyway, I doI think it is
unfortunate that it's such a generic looking building, where we're spending this
amount of money, and I know they've said that, "Well, that's because it would
cost money to have a little individuality or something like a splint paddle or
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Hawaii County Council -6
February 18, 2015
something in there. But, obviously, I support it. So, continue my little asterisks
there.
CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka.
MR. PALEKA: Yeah, I would like to also greatly support this resolution.
Having work there, it's been a long time, 2003 last time I believe I was at the
judiciary as an Adult Correctional Officer.
I'm not sure if you folks are aware of the last—the small incident that just
occurred not too long ago in the cellblock area down in Kona. Not only that, but
just knowing what the staff had endured all this time, working there. And hats off
to Judge Ibarra, Judge Frances Florendo, and just going through that. But, it's
nice to see that they might get a nice new venue. Mahalo.
CHR KANUHA: Mahalo. Ms. David.
MS. DAVID: Yes, I, too, would like to express my whole -hearted support for this
judiciary building, having like 30 years legal experience or paralegal, working in
that field. Kona has grown, and it has outlived its current facilities a long time
ago, so I'm very excited for the staff and everyone in the judiciary and I support
this. Mahalo.
CHR KANUHA: Mahalo, Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. I wanted to say thank you to Mr. Chung for
introducing this; and to Mr. Onishi and Mr. Chung for going to legislature in
support of this. I know many, many, people are working hard to keep the funding
stream coming for the judiciary. So, thank you very much to everybody.
CHR KANUHA: Thank you, Ms. Eoff. Any other discussion?
MR. ONISHL Mr. Chair.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL Thank you. Just wanted to let the Council Members know and
also the public, is that we did meet with Senator Kouchi who is in charge of all
CIP (Capital Improvement Projects) projects for—on the Senate side. He did a
site visit, maybe about, I would say like three to four weeks ago, and he got to go
see the three different sites that the courts are located. He was very shocked to
see, like, certain areas. The only good comments he said was that the new
courthouse, I guess, or that courthouse you folks have on Haleki`i Street, I mean,
that's like, okay, little bit better. I mean it's like little bit better secured. The
place looks not rundown, whereas the courthouse down at the old Kona airport, I
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Hawaii County Council -6
February 18, 2015
mean, Kona hospital, it's like the cell blocks, where it's like overcrowded, there's
not enough lighting. He was like shocked, so he will be pushing from his side to
make sure that the funding is there. Just to let everyone know, is that they did
have $35 million that was appropriated before, so they need this $55 to complete
the construction. If they don't get it, then the $35 million might be in jeopardy
because of the time lapse, so we need to really push the legislature to get that
support. Thanks.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? I would like to
say, briefly, that I want to thank Mr. Chung for bringing this resolution forward.
It doesn't matter whether you're east side or west side for bringing this forward. I
think you understand the need for the entire community, so that's why I really
appreciate this resolution. We're in dire need for this to come into Kona. We all
know we've been passing resolutions for a really long time, to try to urge the
State to give the funding.
I also want to mention that I did go up, as well, a few weeks ago with the rest of
the Chairs of the other islands, and we did speak to the Senate leadership, the
House Leadership, and both the Ways and Means, and Finance Chairs to help
push this forward, along with other items but this was a big one. So, this isif
we can continue the conversation, keep on pressuring and doing what we can to
make sure that these projects come to fruition, I think it's good for all of us to
keep on doing. So, just mahalo for the resolution and mahalo, everybody, for the
support. Okay.
MR. ONISHL Mr. Chair?
CHR KANUHA: Yeah, Mr. Onishi?
MR. ONISHL Just one more comment. Just for the public, I mean, we would
really appreciate if they can also like send emails or call the legislators for support
this project. We would really appreciate that. Thank you.
CHR KANUHA: Yeah, that's a very good point to make; the more people that
can come out and testify and show their support for these projects is really well
taken. Okay, all in favor of Resolution 64-15 say "aye."
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Hawaii County Council -6
Vote on Res. 64-15
(Adopted)
February 18, 2015
The motion to adopt Res. 64-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 66-15.
Res. 66-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND
WOMEN'S LEADERSHIP FORUM
Transfers/appropriates $4,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 2); and credits the same to the
Office of the Prosecuting Attorney, Committee on Status of Women,
Miscellaneous Contract Services account (2015 Hawaii Island Women's
Leadership Forum). Funds would be used to pay for planning and
implementation expenses.
Reference: Comm. 104
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 66-15. Seconded by
Ms. Wille.
CHR KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: I'm just glad to do this. Thanks.
CHR KANUHA: Thank you. Any other discussion, Council Members?
Hearing or seeing none, all in favor say "aye."
Vote on Res. 66-15: The motion to adopt Res. 66-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council -6
February 18, 2015
CHR KANUHA: Motion passes. I'm also going to Resolution 74-15, since it is
the same, on the same grounds. Mr. Clerk, Resolution 74-15.
Res. 74-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND
WOMEN'S LEADERSHIP FORUM
Transfers/appropriates $1,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Office of the Prosecuting Attorney, Committee on Status of Women,
Miscellaneous Contract Services account (2015 Hawaii Island Women's
Leadership Forum). Funds would be used to pay for educational materials and
supplies.
Reference: Comm. 113
Intr. by: Mr. Paleka
CHR KANUHA: May I have a motion to approve Resolution 74-15?
Motion to Approve: Mr. Paleka moved to adopt Resolution 74-15. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka, you have the floor.
MR. PALEKA: Yeah, I just wanted to say it is an honor to help in a little way,
the Women's Leadership Forum, and just seek your support. Mahalo.
CHR KANUHA: Mahalo. Any other discussion? Hearing or seeing none, all in
favor say "aye."
Vote on Res. 74-15: The motion to adopt Res. 74-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
CHR KANUHA: Okay Mr. Clerk, we go back up to Resolution 68-15.
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Hawaii County Council -6
February 18, 2015
Res. 68-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE
BILL NO. 316 AND HOUSE BILL NO. 1165 TO HELP VICTIMS OF
DOMESTIC ABUSE
Urges the passing of both bills, which remove the provision allowing criminal
courts to waive the Crime Victim Compensation Fee in cases where the court
finds the defendant is unable to pay.
Reference: Comm. 106
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Resolution 68-15. Seconded by
Ms. Eoff.
CHR KANUHA: Mr. Onishi you have the floor.
MR. ONISHL Yes, you folks heard Ms. Chai give some information about what
this was all about. When I went up there, I talked to Ways and Means and
Finance, and I told them that basically these funds are not coming from general
funds. It's basically fees that are assessed to, not to the victim, but to the
defendants or people who are prosecuted; so this is depleting as we talk. If they
don't move on this, this is going one day going run out and then we're going have
to go and lobby for getting general funds for this so I just asking for support. But
then, I just heard that these two bills don't look good. It might not even come out
of committee, so I've got to do some work. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Get to work over there. I know
you're doing a lot for this, so I really appreciate that. Council Members, any
other discussion? Hearing or seeing none, all in favor say "aye."
Vote on Res. 68-15: The motion to adopt Res. 68-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 69-15.
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Hawaii County Council -6
February 18, 2015
Res. 69-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE
BILL NO. 574 AND HOUSE BILL NO. 1166 TO HELP VICTIMS OF
DOMESTIC ABUSE
Urges the passing of both bills, which add the mouth and nose to the types of
body parts on which pressure that is applied to impede normal breathing or blood
circulation shall be pursued as a Class C felony.
Reference: Comm. 107
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Resolution 69-15. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Yeah, thank you. This is, again like Ms. Chai had mentioned, it's
just to add in the mouth and nose, when someone's covering it and we suffocate,
to put it all together as one. To me, like I told the legislature up there, is that this
is no funding. There's like no requirement of getting more funds, so to me I'm
hoping that this can move forward in the legislature. So, I'm asking for your
guys' support. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 69-15: The motion to adopt Res. 69-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 70-15.
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Hawaii County Council -6 February 18, 2015
Res. 70-15: URGES THE HAWAII STATE LEGISLATURE TO SUPPORT FUNDING
FOR AN ADVANCED LIFE SUPPORT AMBULANCE TO BE BASED
IN PUNA, AS PROVIDED IN SENATE BILL NO. 1016 AND
HOUSE BILL NO. 851
Urges the passing of both bills, which provide an additional advanced life support
ambulance in Puna, plus funding for equipment and personnel costs.
Reference: Comm. 108
Intr. by: Mr. Eagan
Waived: GREDC
Motion to Approve: Mr. Eagan moved to adopt Resolution 70-15. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Eagan, you have the floor.
MR. ILAGAN: Thank you, Mr. Chair. If I can I have the Chief come up? Chief,
if you could share your thoughts about Resolution 70-15.
(Note: At this time, Fire Chief Darren Rosario came forward to
address the members of the Council.)
MR. ROSARIO: Thank you, Darren Rosario, Hawaii Fire Department Fire
Chief. I just wanted to let the Council know that we really appreciate the support
for the Council Members of our community and State Legislature in moving
forward House Bill 851 and also Senate Bill 1016. We provided testimony,
which was accepted very readily.
As you folks know, in response to June 27th lava flow event the County stood up
and advanced life support ambulance, and supported our role in opening up the
Pahoa Village Fire Station. Since that time, the additional ambulance has been
running about 80 additional calls in the Pahoa area. I just wanted to share that
this has a relationship to all Council Districts in the Puna area as well as Hilo.
Those 80 calls that the Pahoa Village ambulance has taken up allows the unit at
Kawailani, and the unit at Central as well as the units at Kea`au, to remain in their
respond districts. It sets significantly reduce the secondary response out of units
from Hilo to come into Puna to take up the call volume there; but the County
cannot afford to keep funding this additional resource, which is actually is the
responsibility of the State. I just wanted to share, that in providing testimony at
the State Capitol, directly behind my testimony was the testimony from the State
Department of Health that basically said they had no money to fund most of the
projects.
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Hawaii County Council -6
February 18, 2015
So, we look forward to having the community come out as well as our community
leaders in support of these bills, and I just wanted thank the Council for all of
their assistance that they had given.
MR. ILAGAN: Thank you, Chief. I also wanted to mention to the Council
Members, is that we passed a reso last year in support of both the Makalei and the
Puna ambulance. This time around, as the Sayres mentioned, we're trying a
different strategy and we're splitting the two. Whether or not Puna gets the
ambulance, and Makalei gets it, I would support either one. I would like to see
either one succeed but, better yet, both of them succeed.
I just wanted to mention that, right now, if we could, after this reso, if the Council
approves it, if we could also read from Resolution 79-15 and Resolution 85-15
right after, since the Chief is right here.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion on
Resolution 70-15? Hearing or seeing none, all in favor say "aye."
Vote on Res. 70-15: The motion to adopt Res. 70-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
CHR KANUHA: Okay. Since the Chief is there, we will go to, Mr. Clerk,
Resolution 79-15.
Res. 79-15: URGES THE HAWAII STATE LEGISLATURE TO SUPPORT FUNDING
FOR AN ADVANCED LIFE SUPPORT AMBULANCE IN MAKALEI, AS
PROVIDED IN SENATE BILL NO. 298 AND HOUSE BILL NO. 481
Urges the passing of both bills, which provide an advanced life support
ambulance in Makalei, North Kona.
Reference: Comm. 119
Intr. by: Mr. Eagan
Waived: GREDC
Motion to Approve: Mr. Eagan moved to adopt Resolution 79-15. Seconded by
Ms. Eoff.
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Hawaii County Council -6
CHR KANUHA: Mr. Eagan, you have the floor.
MR.ILAGAN: Chief?
February 18, 2015
MR. ROSARIO: Thank you. Once again, just wanted to give a short testimony.
In Makalei, the difference as compared to Puna isn't so much as far as call
volume, but it is distance from the hospital and also turnaround time for the units
that currently respond to the Makalei area, inclusive of Kailua, Keauhou and
Captain Cook, those units respond to all of the downtown and upper areas of
Kailua Kona. So, having a unit in Makalei will definitely improve the response
times for any ALS (Advance Life Support) emergency and all of the areas here
and definitely will keep the other units available for calls in their districts, as well.
Unlike Hilo, the hospital facility is about 30 minutes away from the downtown
Kailua area; so just having that turnaround time, that's about an hour turnaround
for a unit to be out on a call, so this would definitely help increase our response
capabilities for ALS services in the Kona area. Thank you.
MR. ILAGAN: Thank you, and I yield at this time.
CHR KANUHA: Thank you, Mr. Eagan. Any discussion? Ms. Eof£
MS. EOFF: Just like to say thank you, Mr. Eagan, and thank you to the Sayres
and the Fire Chief. I don't live too far from the Makalei Fire Station, and it will
be a great asset to this community to have an ambulance there. There are a lot of
people that would serve not only towards Kona town, but towards North, as well.
CHR KANUHA: Thank you, Ms. Eof£ Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 79-15: The motion to adopt Res. 79-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk we will move down the agenda to
Resolution 85-15.
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Hawaii County Council -6 February 18, 2015
Res. 85-15: URGES THE HAWAII STATE LEGISLATURE TO APPROPRIATE FUNDS
TO EMPLOY LIFEGUARDS FOR KUA BAY, KEKAHA KAI STATE PARK,
ON THE ISLAND OF HAWAII
Urges the passing of House Bill No. 527, which appropriates up to $200,000 for
Fiscal Year 2015-2016 and the same amount for Fiscal Year 2016-2017 to pay for
lifeguard salaries, benefits, equipment, and other related expenses.
Reference: Comm. 128
Intr. by: Ms. Eoff
Waived: GREDC
Motion to Approve: Ms. Eoff moved to adopt Res. 85-15. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you, Mr. Chair. This is extremely important that we get these
lifeguard positions funded, and that the State approves the funding. The County
does administer the lifeguard program, but we would seek reimbursement from
the State. This is a State Park.
As Mrs. Sayre said, now that Kua Bay has a road to it and amenities there, many,
many, more people use this area and they don't understand the dangers. I think
the lifeguards are really important to place there. I'm not sure whether it needs to
be year around; or if when the position is funded, if lifeguards can be moved into
the different areas when the surf is high. But either way, I know the Fire Chief
will help explain that. There is lots of support for this. The young man who
spoke to us earlier, Brett, had called my house; because I knew him for a long
time, and he was, as you could see, very distraught and upset over what he's
witnessed there, and the fact he's taken on himself to save people is remarkable.
But I called Cindy Evans' office after hearing from him, and realizing that she
was going to introduce this bill, I just wanted to do all I could to support it, so
thank you very much. Chief Rosario, I don't know if you have anything to add,
but I know you're still there.
MR. ROSARIO: Thank you, I just wanted to add that, definitely, the Hawaii
Fire Department stands ready to provide the community with the necessary water
safety officers for these locations. The only concern and thing for me, in
reviewing the bill, is it does state employee lifeguard for Kua Bay as well as
Kekaha Kai State Park, which is two distinct different areas, so the funding
amount will definitely be increased and we'll be in contact with the bull riders and
move forward on that.
Aside of salary and wages, they also would have to purchase the lifeguard towers
as well as the equipment for it, but that's all incidental things that we can work
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Hawaii County Council -6
February 18, 2015
together, between the County and the State to provide those services. Is it
needed? Definitely it's needed. Do we stand ready to assist with this? Yes, we
do. So I thank you folks for your folks support, and, I think it will be a great asset
to the visitors as well as the residents of Hawaii Island that patronize these two
beautiful areas in Kona. Thank you.
CHR KANUHA: Thank you, Chief. Ms. Eoff, were you finished?
MS. EOFF: Just to ask Fire Chief Rosario, I think I asked Ms. Evans' office if
Kekaha Kai was a separate place or if it was just a way to identify where Kua Bay
is; because Kua Bay is kind of the end of Kekaha Kai State Park, so I'm not sure
if the intention is two different spots or if they're just referring to Kua Bay within
Kekaha Kai State Park. So, what I guess, it would be good to get that cleared up.
MR. ROSARIO: Thank you. I'll have Battalion Chief Gerald Kosaki—he's in
charge of our Special Operations, which includes ocean safety, to get some
clarification and also to work directly with them, with any information that they
need. He has provided them stats as well as costly items, so we look forward to
continuing that relationship. Thank you.
MS. EOFF: Thank you.
CHR KANUHA: Thank you, Ms. Eoff Thank you, Chief. Any other
discussion, Council Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 85-15: The motion to adopt Res. 85-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, Mr. Clerk, back to the top of the
agenda. Resolution 71-15?
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Hawaii County Council -6 February 18, 2015
Res. 71-15: NOMINATES A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE
WESTERN INTERSTATE REGION BOARD OF DIRECTORS
Nominates Council Member Danny Paleka.
Reference: Comm. 109
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Res. 71-15. Seconded by
Ms. David.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL Thank you. Okay, so, if Council Members remember that awhile
back we had made Mr. Kanuha the Representative or the Board of Director for
WIR (Western Interstate Region); but now since he's the Chair, I talked to him
and he said he was willing to give it up. So since Danny Paleka is the alternate
representative for HSAC (Hawai`i State Association of Counties), we decided that
we wanted to make Danny the WIR Director. So, I'm asking for Council
Members for your support. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Is there any other discussion? There
were some typographical, Mr. Onishi, on the resolution that we might need to
clear up right now, verbal amendments. Mr. Paleka's name was spelled wrong, so
we apologize for that Mr. Paleka. But I think we might need to have a verbal
amendment, to change Mr. Paleka's name, change it from Pakeka to Paleka.
Also, at the fourth Whereas, representative is also spelt wrong so we need to
correct that, as well. So, if I could have a verbal amendment to correct; to amend
the spelling of "Pakeka" to "Paleka." So in the fourth Whereas, to spell
representative correctly. May, I have a motion for that.
Vote on Motion Ms. David moved to verbally amend Res. 71-15 by
to Amend: correcting the spelling of Mr. Paleka's name and the
(Approved) spelling of the word "representative" in the fourth Whereas
clause. Seconded by Ms. Eoff and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
Page 29
Hawaii County Council -6
February 18, 2015
CHR KANUHA: Since this isn't a significant amendment, we can vote on this
today. On Resolution 71-15, as amended, any discussion? I would like to say
something. I think Mr. Paleka will do an amazing job, and I'm glad Mr. Onishi
did make Mr. Paleka, or did nominate him to the Western Union State Region
Board of Directors. I was part of that at one point, but I think my duties and
responsibilities created a situation where I wouldn't be able to go to many of these
meetings, so I think it's highly appropriate to have Mr. Paleka sit on this board.
Mr. Paleka, do you have anything else?
MR. PALEKA: I would just like to say I'll be very honored if I do get the
support from my fellow members.
CHR KANUHA: Thank you, Ms. David.
MS. DAVID: Yes, I'd just like to express my support for Council Member
Paleka. I think as a freshman member, I think it will be a great experience. His
background would be an asset. Thank you.
CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 71-15: The motion to adopt Res. 71-15, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Congratulations. Mr. Onishi, real quickly,
does this have to go in front of HSAC, does it not?
MR. ONISHL Yes, now it would be forwarded to HSAC and, then from there the
Executive Board will take it up.
CHR KANUHA: Okay thank you, Mr. Onishi. Okay, Mr. Clerk,
Resolution 80-15.
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February 18, 2015
Res. 80-15: URGES THE HAWAII STATE LEGISLATURE TO PASS HOUSE BILL
NO. 373 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX (TAT)
Urges the passing of House Bill No. 373, which amends the TAT revenue amount
allocated to the counties from $103 million annually to an unspecified percentage
of the revenues collected.
Reference: Comm. 120
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Resolution 80-15. Seconded by
Ms. Wille.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL Yes, this House Bill 373, basically it removes the cap. My
understanding was they were going to go with what the original percentage
supposed to be, so like getting double what we are getting now. But, I don't think
that will happen, knowing as the State Legislature, but I'm just supporting the bill.
Also, I think the bill author was the representative from Puna, Joy San
Buenaventura; so I'm supporting her legislation. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. I think, Ms. Wille, you had the
MS. WILLE: Yeah.
CHR KANUHA: Go right ahead.
MS. WILLE: I want to say that I am supporting this, and I think it's shameful
if it doesn't pass. They have put in the same percentage for the Counties, of
44.8 percent down from 95 percent. Let's be clear.
There's another bill, 197, from HSAC. It's basically the duplicate. So, I support
this. Also, Representative Lowen Nakashima and Tsuji (Clifton Tsuji) are also on
the bill. There should be no reason why this doesn't pass. So anyway, I think
that we should all be working very hard to make this happen. Thank you.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor say "aye."
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Vote on Res. 80-15
(Adopted)
February 18, 2015
The motion to adopt Res. 80-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, 81-15.
Res. 81-15: URGES THE HAWAII STATE LEGISLATURE TO PASS HOUSE BILL
NO. 833 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX (TA
Urges the passing of House Bill No. 833, which permanently allocates
$103 million in TAT revenue to the counties.
Reference: Comm. 121
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Resolution 81-15. Seconded by
Mr. Eagan.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL Okay, this is another bill that was introduced by Representative
Joy San Buenaventura. This one is to keep the amount at 103, but then removing
the sunset date, which was supposed to be 2016. Because once it becomes 2016,
would go back to the 93 million. So there's like two bills going, hopefully we can
get the better one. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille did you have a comment?
MS. WILLE: Yeah, again I disagree with this. I mean the people that are on this
bill, including Representative Evans stood and said this cap would be removed
when the economy went back up explicitly, explicitly. And, now, it's basically
they set it up in a really neat way. We're going to have the 103; but if you don't
want to preserve that, we'll drop it to, whatever, 90 something, so that you better
be supporting it. Whereas, really, it's keep—the whole idea is, for me, what
bothers me, is keeping a cap. This will limit us. We have no incentive to bring in
more hotel tax, the relationship between the benefit and the burden. The more we
do to improve our tourism on this island will make no difference on terms of that
tax. We will not benefit, none of the other islands. So, you basically
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Vote on Res. 81-15
(Adopted)
Res. 82-15
Motion to Approve:
February 18, 2015
They're—all of these bills. There's a number of other ones going on, carving out
money for various—you're marking it for various things. The hearing is today.
The hearing is today. There will be one more hearing. But I think that it's very
wrong, and that this original tax was meant for the counties, only administrative
fee for the state. This is our second major source of revenue, and we are, right
now, our island has the highest increase in tourism right now. We're trying to
bring in the flight. We've got all this going; we would have no benefit. So, I just
want toI'm notI think that Council Member Onishi is right in terms of his
evaluation. I certainly think that it's wrong. It's shameful.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor say "aye."
The motion to adopt Res. 81-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, and Chair Kanuha - 8.
Noes: Council Member Wille - 1.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, Resolution 82-15.
URGES THE HAWAII STATE HOUSE OF REPRESENTATIVES TO PASS
HOUSE BILL NO. 1041 RELATING TO HUNTING
Urges the passing of House Bill No. 1041, which establishes a game commission
to serve in an advisory capacity to the Governor and the Board of Land and
Natural Resources.
Reference
Intr. by:
Waived:
Comm. 122
Mr. Onishi
GREDC
Mr. Onishi moved to adopt Resolution 82-15. Seconded by
Ms. Wille.
CHR KANUHA: Mr. Onishi, go right ahead.
MR. ONISHL Yeah, so, you folks heard the testimony already from Mr. Lodge,
Mr. Sylvester, and so forth. I did make some phone calls this morning to some
friends to see if they can talk to Chairman Rhodes to have him waive this House
Bill 1041 to the Finance Committee, where Chairman Luke could hear the
testimony and also make a decision on this. What my understanding is, I guess, a
request for about $150,000 in creating this commission, so that, I think, might be
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February 18, 2015
one the problems where they don't want to be distributing more funds out to
different, I guess, groups or whatever. But yeah, so hopefully by 12 noon today
the House is going to be meeting and hopefully Chairman Rhodes will waive it to
the Finance. Thank you, and I ask for your support. Thanks.
CHR KANUHA: Thank you, Mr. Onishi. Any discussion? Ms. Wille.
MS. WILLE: Yeah, I do support this. I think that there should maybe an
amendment to address that financial issue. But, basically we're just trying to give
a voice to people that are very affected. I think that where you get—have a voice,
where it's really down on the advisory, and people listening, then regardless of
what the result is, you're willing to sort of work with it. Instead, I think the last
meeting that I attended, the county one, DLNR (Department of Land and Natural
Resources), came in and said, "Well, yes, we're working on this package of what
should be our strategy here on the island." They wanted to have more voice, so I
said, "Well, we're not ready to give it to you," you know, "We want to put it
together and then get your opinion." I just think the more we can get input, sort
of really on the advisory, how do we do it, get in ideas, brain storm, then the more
people feel they're a part of the decision making and are willing to abide by
compromises and decisions, even when they're (inaudible) so. That's my—thank
you.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion Council
Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 82-15: The motion to adopt Res. 82-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 86-15.
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Hawaii County Council -6 February 18, 2015
Res. 86-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE BILL
NO. 1233 AND HOUSE BILL NO. 610 APPROPRIATING FUNDS FOR A
FEDERAL INSPECTION STATION AT KONA INTERNATIONAL AIRPORT
Urges the passing of both bills, which funds a building that will replace a
structure that no longer meets United States Customs and Border Protection
technical standards and provides the state with a second international port of
entry.
Reference: Comm. 129
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Resolution 86-15. Seconded by
Ms. Wille.
CHR KANUHA: Mr. Onishi, you have the floor.
MR. ONISHL Thank you. When Mr. Chung and I went up to Honolulu, part of
our lobbying was also to meet with the State Director of Transportation, Ford
Fujikami. He had mentioned that in talking to Homeland Security and also to
Custom and Border Patrol, what they wanted to get was a guarantee that the
funding for the building where Customs would be housed, would be in place, so
he promised them or he had assured then he had airport money that could build
the building but they didn't really want to take that. So, what he did, is he got like
Senator Nishihara to do this Senate Bill 1233. I forgot who was the House side,
the author of that.
But then, they introduced this bill, which is for $50 million to build the facility.
This is just resos in support of those bills so that the legislature can pass that, get
the $50. And then, it would be obligation bonds that would be used to fund this
building, get it approved during this session, so that way Mr. Fujikami can go up,
back to the Feds, and tell them, "Okay, look, here's a commitment so now can
you start approving their application for the five year exemption," so that during
that time of the Fire exemption, they could be building this building up. So, I'm
asking for your support. I don't know if, maybe, Mr. Chung wants to add on
anything else. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any discussion, Ms. Wille.
MS. WILLE: Yeah, I just want to say, so that the public fully understands, that
part of this effort is really trying to get in international flights, in particular, right
now Hawaiian Airlines application for roundtrip flight from Tokyo to Kona. In
terms of, again, what everybody wants parks, hospitals, everything is all depended
on where's the money. Bringing that direct route in, I forget how many additional
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February 18, 2015
millions they would anticipate would come into the County and have ripple effect
and the jobs, so this is important.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion Council
Members?
MR. ONISHL Mr. Chair.
CHR KANUHA: Yeah, Mr. Onishi.
MR. ONISHL I'd like to add, and what Mr. Fujikami also mentioned. was that
it's not—like, just basically, just the Big Island is profiting from all this. It's the
whole State, because what happens is when they fly into Kona International
Airport, now the tourist can go and get interisland flights. Going to, like, Maui.
going to Kauai, and also they could go back to Oahu and then they could fly out
of Oahu. So they could come into Kona, fly out of Kona, I mean, fly out of
Honolulu, or they can fly into Honolulu and then fly out of Kona, so that's the
options that they have. But then, also, one of the other—the main reasons was
that in case Honolulu International Airport, say has a major fire or something like
that, there's no other airports in the state that can house or accept international
flights; so by having Kona International Airport, having that status, that would be
the secondary airport in case Honolulu has to shut down. So that's like kind of
the main reasons that, why now— that's the main reason why the state is now
approaching to the fells. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 86-15: The motion to adopt Res. 86-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, we'll go up, Mr. Clerk, to the last
resolution, Resolution 50-15.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawaii County Council -6 February 18, 2015
Res. 50-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 2,
MEETINGS
Amends Council Rule 2 by decreasing the number of votes required to allow a
Committee or Council meeting to go beyond 6 p.m., requiring the Council's prior
approval for any request of a presentation not related to a pending bill or
resolution, and requiring equal time be allowed for and against the subject matter
of any presentation relating to a pending bill or resolution.
Reference: Comm. 79
Intr. by: Ms. Wille
Postponed: February 4, 2015
(Note: Comm. 79. 1, dated February 18, 2015, from Council
Member Dennis "Fresh" Onishi, transmitting proposed
amendments to Res. 50-15, was circulated.)
CHR KANUHA: Thank you, Mr. Clerk. Ms. Wille, you have the floor.
MS. WILLE: Okay. Yes, let me just say in terms of this rule, as the others,
largely, I feel, that it's an issue that we should get settled. There are pros and
cons of both positions. It's not like I'm here necessarily saying what—that I'm
weighing in one way or another, but I feel that we ought to get these things
straight.
I also want to say the whole—the first part of this is about whether we meet until
after six, whether we stop at 6 p.m. Somehow, if you all remember that debacle,
at the beginning, where suddenly there was awe had an amended version of the
rules, and Council Member Ragan came to the rescue and said, "What's this?"
Somehow, the provisions saying that we stop at six and having the two-thirds
majority, was in the final draft, when we thought we were correcting it and going
back to the one last year. So, I was trying to figure out how to get that before the
Council and not just chit chat and break the Sunshine Law; so I thought if I
amend—so I made an amendment, changing it from two-thirds vote to majority,
basically because I want this issue to be looked at, and that we really never voted
that in. So what it has, our current version, even though we didn't know we were
voting it in, says that we shall conclude by 6 p.m., absent a two thirds vote. Now,
we canso, I just changed it to majority vote, because only five people would be
a quorum. Or, we basically get rid of it and just say, "We're going to go like we
did last night and that's it." So again, I just want the issue. Let's get it clear. I
don't like things having been voted on by the Council, when we don't know we're
doing it.
Then (d) had to do with presentations. And, if you recall, there was when I was
trying to show racing to zero, and what are we doing, and how much time it takes;
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February 18, 2015
and, again, this is an issue I thought that we ought to resolve and figure out while
we handle it. The way I wrote it up, for discussion, starting point was any
request, where it's not related to a pending bill, should be approved in advanced
by the Council. Right now, pretty much, we leave it to our own discretion and
honor what each one is saying, and assume there isn't that folks aren't abusing
it; and it also comes up, you can vote it off I mean, we did not see the racing to
zero.
The second part of that is where there is a bill pending or resolution, someone
wants to put—should we allow any kind of presentations or should it just be part
of the testimony? Or, if there's something controversial and each one of us,
"Well, I want to get an hour long, 45 minute presentation," you know, I feel that
that's wrong. But I'm just trying to do us a starting point, so I put, where at least
you have—where there's ado you want the bill or you don't want it, whatever it
is, that each side be represented, rather than always having to worry, well if I
don't do a presentation, and I don't know about one that Council Member Paleka
might want do that's opposing, I better get one in there. So, here, that there
should be at least equal time to each side, for and against, and upon approval of
the Council Chair. So that's leaving it to the Chair to really decide, like, "I don't
think this is a good idea," so it basically gives that overall discretion to the Chair.
Again, I want to say we can leave it the way—right now, where it's really in our
own discretion, we move it, if there's a presentation, there's not really—you're
not having to get advanced approval or we can do it where there's sort of—make
sure there's something on both sides. I think last night gave us an idea. What if it
had only been my presentation, not Bill Walsh. You know, that it's good having,
I feel that it's good having—you know, when there is going to be a presentation
on a bill, that it should be allowed that we're sort of hearing the ends and see
where we go.
So, I'm going to yield right now. I just sort ofI want to get it out. I think,
number one, I want to say I feel that's important that we just settle our procedural
issues and we're not debating them when things are going on. So, I want to get
some clarity. That's why I'm doing this, and not necessarily what position we
should take. Thank you.
CHR KANUHA: Thank you, Ms. Wille. I'm going to give the floor to
Mr. Onishi. Mr. Onishi, you ready?
MR. ONISHL Thank you, Mr. Chair. Yes. Okay, so at this time I'd like
to make a motion to amend Resolution 50-15 with the contents in
Communication 79.1.
CHR KANUHA: Motion is on the floor, may I have a second?
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Hawaii County Council -6 February 18, 2015
Motion to Amend: Mr. Onishi move to amend Resolution 50-15 with the
contents of Comm. 79.1. Seconded by Ms. Poindexter.
CHR KANUHA: Mr. Onishi, you have the floor, on the amendment.
MR. ONISHL Okay, thank you. At our last meeting, what happened is that—my
concern was that, like in (c), that, "All Council and Committee meetings shall
conclude by 6:00 P.M." That was not what was in the original rules that we had
from last term, and so what I wanted to do was correct that first, to take it out, and
that's why this amendment is in there, and then maybe next meeting Ms. Wille
can come in and she can amend our rule with whatever she wants to put in, about
the meeting times and how the voting going be.
Also, in Resolution 50-15 she had included about the presentation, and that was
like in (d), so what I'm doing is I'm amending that part of the presentation, where
it's going be now (c), would be "Any request for referral of a presentation shall be
approved in advance by the Council," so anyone who wants to do a presentation
would need to come propose it to the Council and then the Council, at the time,
will decide if we want to do the presentation or not. Then when you come to the
Council, you would need to request. Your request will have to be the proposed
date of the presentation, a brief description of the contents of the presentation, the
persons or groups that will be providing the presentations. So, once that is
approved, and that—you wouldn't need a super majority, you just would need a
majority vote, then it will be done—the Council Chair would be the person that
would, I guess, appropriate or would select which Committee the presentation
would be suited for. Okay, that way we'll leave that up to the Council Chair to
decide, "Okay which Committee this presentation should be heard in?" So, I'm
just asking for your guys' approval. And, I think, this is better; where the
Council, as a whole, can make a decision if we want to hear the presentation or
we want to defer it. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille.
MS. WILLE: I just like to ask can we break these two, the (c), eliminating (c) and
the provision in (d), and vote on them separately, deal with them separately.
But, let me just make couple of comments first. Let me say in terms of (c), I have
no trouble eliminating (c), and I have no trouble leaving it eliminated
permanently, is what had, so I'm fine with that.
With respect to on the presentations, the one thing this takes out is sort of the
assurance that there's going to be an opportunity for different positions to be
presented. So if I wanted to go and do a presentation on something that was
coming up, and looked good, or got in, or anyone else, then it might be that
Ms. Poindexter really disagreed with that and then she saying, well, why—"has
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February 18, 2015
no knowledge because I can't inform people of what's going on, we don't know
what's going on with the other Council Members." So, I just want to make it
clear that, really, the only key difference here is that it doesn't assure that there's
an opportunity for two sides of the issue.
I think there's alsoI think in some ways do we really want to have
presentations? I just want to—do we want to have presentations? I just want to
use last night. And if we do, do we want it to be that anyone can do one where
it's a one-sided position? Say, on the aquifer, one of the presentations, where
Peter Young came and there was a lot of anger, well, you're not having a panel on
the other side, or do we want to assure there is.
So, I think there's pros and cons to all of that. And, again, I'm just going to yield
and want to clarify the differences. But, I would like to vote separately on these
and not as a package. So, can I move to bifurcate or whatever the language is?
CHR KANUHA: I think, maybe before you do that, I'd like to hear from the
other Council Members.
MS. WILLE: Okay, fine.
CHR KANUHA: Ms. Eoff
MS. EOFF: There are definitely pros and cons, especially regarding
presentations. But, a couple of things. Maybe I haven't thought this through as
much as you have, that maybe you could answer this question. What if there isn't
an opposing presenter that either is willing to come forward or that we would like
to hear from? Do we still, I mean, I'm not sure how we can deal with that the
way it's written now because it seems like that would be required.
The other thing is, if presentations need to be decided on by the Council at a
meeting ahead of the time that it gets referred to the Committee, that would mean
that a people would then come in and testify on that, as well, on those
presentations several more times than they do at this time, the way it is, so I guess
we have to think that through. I'm not sure how that would work out. Yeah, if
it's very controversial, it might become a very prolonged exercise. So, those are
the things that occurred to me. But, I don't know. I'm willing to keep talking
about it.
CHR KANUHA: Thank you, Ms. Eoff Council Members? Oh, Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I think both of these—well, what is
this? The original resolution or the original rule proposal by Ms. Wille as well as
the amendment by Mr. Onishi, have merit, and it's really difficult for me to
choose one over the other, I mean, I'm inclined more to go with Mr. Onishi's
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Hawaii County Council -6
February 18, 2015
right now. But I did want to mention, and I don't know, maybe this is food for
thought, I don't know if you guys want to postpone this because I really believe
information is good. I'm kind of surprised that Ms. Wille would actually suggest
that perhaps we don't need presentations, but I really think that the more
information we get, in a way presentations are good.
Now, I've approached this subject with the County Clerk as well as the
Corporation Counsel, and what I have mired in my office is a draft of a rule
change. I don't know if it's ever going to see the light of day; maybe I can get
some input from all of you, but it was the formation of a presentations committee.
That committee, the Chair person, he or she would basically be the tsar of
presentations. Of course, the referral, the initial referral would be made from the
Council Chair, okay, but it would either be presented or end in that committee.
I've also thought about the possibility of keeping public testimony to one minute
at the end of the presentation, and the basis for that is, if we're going to have
people presenting and we want to get information, then we want these guys to be
able to come to us and not have to wait for long time before they get to present. -
think they should be able to come, present their information at the front end, and
then people can come later on. I've discussed this with Corp. Counsel, and she
thinks that maybe limiting it to one minute, and we're trying to get information
from presenters, it might be okay. But, I just wanted to throw that out; it's
something that I been toying with. I don't know what's going to happen, but
maybe you guys can think about it.
CHR KANUHA: Thank you, Mr. Chung. Council Members, Ms. David and
then Mr. Paleka.
MS. DAVID: Yes, thank you, Margaret and Council Member Mr. Onishi. I think
we've kind of experienced what you're talking about, in several of our meetings
regarding presentations. I kind of like the idea that Council Member Chung is
speaking of. At this point I'm not really sure whether I'm going, which one
works, basically. For me, I need to kind of think about more of what Mr. Chung
is saying because I kind of like that process because it separates it from our
business at hand and we can get more control over agenda that way. So, I'd like
some time to think about it, and then, also, see what Council Member Chung puts
forward and look at his proposal. I yield.
CHR KANUHA: Thank you. I just wanted to mention to the Council Members,
I apologize, but we need to just stick on this amendment right now. I understand
that there could be something in the future, and I don't want to go into possible
future legislation that might happen, even though it's still part of what we're
talking about right now. So if we can just keep on to this amendment, I'd really
appreciate it. Mr. Paleka.
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February 18, 2015
MR. PALEKA: No, I just wanted to reiterate. Yeah, I do believe we need to
consider both sides of the issue, when hearing. Like last night, where there's an
opportunity for them to respond or rebut to the presentation, would be helpful.
But at least, in this case, regarding the two proposals we have, or measures before
us
CHR KANUHA: Mr. Paleka, before you continue, that we need to take a really
quick recess. I apologize for cutting you off We'll come back to you. Okay,
Council Members, real quick.
Recess: At 12:05 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:11 p.m.
CHR KANUHA: Okay aloha, everyone. We are coming out of recess. I
apologize for that. Thank you for your patience. We will continue on with
Mr. Paleka. Mr. Paleka, on the amendment.
MR. PALEKA: Thank you, Mr. Chair. Yeah, I kind ofI like elements of both
proposals, so perhaps we can work on this a little bit more. I just leave it to that
and yield to my fellow members.
CHR KANUHA: Thank you, Mr. Paleka. Before I go back to the other Council
Members, any other Council Member that hasn't spoken yet on this first round?
think we haven't spoken to Mr. Eagan. Sorry, Mr. Eagan, I can't really see you.
Oh, if you are okay, with—would you like to?
MR. ILAGAN: Thank you, Mr. Chair, but at this time I honestly don't have any
comments.
CHR KANUHA: Thank you, Mr. Eagan. Ms. Wille.
MS. WILLE: Okay, just sort of thinking of the comments that have been said,
that we could do this: where it said any request for referral of a presentation shall
be approved in advanced by the Council Chair, if we're willing to do that, if he
had some question could move it on, but then we wouldn't be coming before
anyone. I'm not sure how going—there's the Chair, there's the Council, there's
ad hoc committee. I'm just running through the different—an ad hoc committee
to me is like the ad hoc we did last night. I don't like it, you know, where it's
three or four people making the decision, and I don't know that I agree. In some
ways I feel the obligation of the Chair is to make sure that there's fairness, and
they can say "I think we ought to—this is a controversial issue; if you're going to
do this, I think we ought to open it up to the other side, and we could orchestrate it
and take a little less time with the Council." Now, if we don't like how it's being
handled, we could come back at a later date and change it. But, I could work with
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Hawaii County Council -6
February 18, 2015
Mr. Onishi. I think he spells out a little bit more here. That would be the
direction that I would move. It also eliminates some of the issues that I know
Ms. Eoff picked up on. Also, my concern if you're going to say there's a pro and
a con, well who isif I'm the pro side, do I get to decide who's doing the con
side? And then, I want to not get into the Sunshine Law violations.
So, my suggestion, I think that right now, for the time being, would be that we
work on it. Fresh and I could work on it and come up with a different addition.
But basically, my inclination would go to allowing the Chair to facilitate that.
And not having another hearing, because, I can—last night it was howI really
wanted the public to be able to speak after the presentation, as Jon knows, and
that's something I was thinking I would bring up as a new rule because—in other
words he said, "You're not following the agenda," and those issues. But I think
the people should see the presentation because I didn't know what exactly what I
was going to vote. I wanted to listen to what everyone had to say. So, that'sI
would like to move to postpone this to the Call of the Chair.
CHR KANUHA: Postpone—before I get a second on that, Ms. Wille, I just want
to hear from Mr. Onishi since this is his amendment.
MS. WILLE: Okay.
CHR KANUHA: I'd like to give him an opportunity to respond, if that's okay?
MS. WILLE: Yeah.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Hearing some of the discussion and the concerns from other
Council Members, I was just thinking, where it says, "Any request or referral of a
presentation shall be approved in advance by the Council Chairs," so the Council
Chair would decide to hear it or not and then the Council Chair would be the
person that would, I guess, decide which Committee the presentation would be
held in. That way we wouldn't hear any testimony, like Ms. Eoff had mentioned
about. This way any presentation wouldn't go to Committee Chair but would go
to the Council Chair, and I think that would be the easiest. Thank you. So, I
would like to move this forward and then we can just amend it or we can just do a
verbal amendment to this. I don't know how we can do it, but just add in "Chair."
Thank you. Okay.
CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille.
MS. WILLE: I think this is substantive enough that even though we would just
say eliminate everything other than adding the word "Chair," I'm not sure that we
really should—or we can do that verbally. I think we could do—Jon? Can I ask
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February 18, 2015
the Clerk? If we did that, we still have to hear it again. It's not the final vote,
right?
MR. HENRICKS: The answer to your first question, which I believe is, can this
proposed amendment be verbally amended by the Council? The answer to that is
"yes," we do allow verbal amendments as a secondary amendment provided, of
course, that it's clear and everybody understands what the amendment is.
Answer to your second question, I believe is, would the Council be allowed to act
further on this today? If amendments are made to this resolution, am I correct or
did I misread that?
MS. WILLE: Okay.
MR. HENRICKS: Is that what you're asking?
MS. WILLE: Yeah.
MR. HENRICKS: Well, yeah, I mean normally we would hold it over unless the
Council suspended its rules and wanted to act on it today. Because the
amendments are substantial, it would be held over till next agenda unless Council
desired it to move on by suspension.
MS. WILLE: So, then would I be making a motion to amend Mr. Onishi's
amendment, and by adding the word "Chair," at the end the first sentence, where
it says (c) here, and I'm looking at mine, I think, no? So that it would just read
any request for a referral of a presentation shall be approved in advance by the
Council Chair period, and that's it.
MR. ONISHL You got that?
MR. HENRICKS: If I may? In reading the entire amendment; if we're going to
keep the material below that specifies request for presentation time, thing of that
nature.
MS. WILLE: No.
MR. HENRICKS: Then if we're not, then that—probably be the first motion to
make would be to remove that material in its entirety. I would state that as
moving the final two sentences that are proposed; that would be the first motion,
to me, to amend this resolution. The second one would be to add the words
"chairperson" after the word "council."
MS. WILLE: Okay, so I move to amend (c) so that it eliminates all of this except
for the first sentence. Yeah, only the first sentence.
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February 18, 2015
CHR KANUHA: Mr. Clerk, I don't want to confuse not only ourselves but the
public that are listening, you know, what we're doing. They might not have a lot
of this in front of them.
MS. WILLE: Should I read it?
CHR KANUHA: I'm just trying to feel the more appropriate. Mr. Chung, if you
have, real quickly.
MR. CHUNG: Well actually it doesn't have to do with this. I'm just wondering
if we could table this for a little while. Let us gather our thoughts. We got some
members of the administration, and I'm sure their matters aren't going take too
long. so if we could do that? Would that be okay?
CHR KANUHA: Mr. Chung, you're absolutely correct. I think, Ms. Wille, I
think if it's appropriate, that the next 15 minutes, I mean, we can have somebody,
one of the staff help you out of how to formulate a proper one of these. Or,
Mr. Onishi, in the Hilo side, Mr. Onishi, is it okay if we table this right now so
you can work on that amendment?
MS. WILLE: I don't see the
MR. ONISHL But my amendment would just be adding in "chair" after
"council," the first sentence, and that's it, keeping everything else. Because, then
that way it kind of defines, as a Council Member, where you want to request for
presentation, tells all the description what you need to do. You need to follow
these rules on having like proposed date, a brief description of the contents of the
presentation, the persons or groups that would be providing presentations, and
then the Chair going decide which Committee going be heard in. Simple.
MR. CHUNG: Mr. Chairman, maybe if I could address.
CHR KANUHA: Mr. Chung, yes.
MR. CHUNG: Fresh, I don't know if you heard but I just asked the Chair if we
could, perhaps, table this matter. We could all gather our thoughts; because we
have Duane (Duane Kanuha) and Bobby Command over here, maybe if we take
the other matters up, get them out of here, and then go back. Because for you and
Margaret, it seems to be really easy to digest because you guys were the ones to
draft this. But like we just got your amendment today, it's kind of difficult for
even me to really digest. Even if as simple as it sounds to you, I'm getting a
difficult time to see how all of this plays in with one another. So could we just
maybe table? Will that be okay, just table it for like 15 minutes? I think that's all
it's going to take to get Mr. Kanuha and Mr. Command out of here.
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Vote on Motion to
Table Res. 50-15:
BILLS FOR
ORDINANCES
FIRST
READING):
CHR KANUHA: Mr. Chung, was that a motion?
MR. CHUNG: If that's okay with him.
February 18, 2015
MR. ONISHL Mr. Chair, no, I'm okay with the table. But I'm not going to do
any other amendments, all I going do is, if there's an amendment, I going just put
in Chair and that's it.
CHR KANUHA: Okay.
MR. ONISHL I'm going to keep everything else. I think Ms. Wille wants to
eliminate everything else.
CHR KANUHA: Thank you, Mr. Onishi.
MR. ONISHL I'll make a motion to table this to the end of the day.
CHR KANUHA: Thank you, Mr. Onishi. May I have a second?
Mr. Onishi moved to table Res. 50-15 to the end of the
agenda. Seconded by Ms. Wille and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Okay, motion passes. Thank you, Council. Okay, Mr. Clerk,
let's move on to bills.
The Chair directed the Council to proceed to the next order of business,
Bills for Ordinances (First Reading).
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: I just wanted to also get some people, who are tied in, to be able
to do the rest of their things. I was wondering if Bill 281, Bill 17, and Bill 18.
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February 18, 2015
CHR KANUHA: That is the next on the agenda. We have our Planning Director
and Deputy Planning Director here in the audience.
(Note: At this time, Planning Director Duane Kanuha and Deputy
Planning Director Bobby Command came forward to address the
members of the Council.)
CHR KANUHA: So, Mr. Clerk, Bill 281.
Bill 281: AMENDS CHAPTER 25, ARTICLE 6, DIVISION 1 AND ARTICLE 5 OF
(2012-2014) THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO PLANNED UNIT DEVELOPMENT
Amends the Zoning Code to require Planned Unit Development (P.U.D.)
applications to be reviewed and acted on by either the Leeward or Windward
Planning Commission, to be determined based on the location of the property
for which the P.U.D. is sought.
Reference: Comm. 1025
Intr. by: Ms. Eoff
Approve: PC -3
Motion to Approve: Ms. Eoff moved to pass Bill 281 on first reading and adopt
Planning Committee Report No. 3. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you. We discussed this in Planning Committee, in Hilo,
and just to little bit, briefly go over it. I introduced this bill, and it changes the
P.U.D. permit application and approval process, by requiring that the decision
will be rendered by the Planning Commission rather than exclusively by the
Planning Director, and allows for a more open and transparent and public hearing
process. I believe that the change will allow for a greater level of transparency,
by providing the public a venue and an opportunity for community involvement,
something that is necessary with some time changes within P.U.Ds.
Also, just to note that there is a requirement in this bill; that the application for the
P.U.D. permit be compatible with the surrounding community and that it
conforms to the relevant CDPs (Community Development Plans).
I just wanted to thank the department, Director Kanuha and Bill Brilhante, for
helping me think this through, and pointing out that we have a process very
similar with Special Permits, and we pretty much tailored this along those same
lines.
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February 18, 2015
Thank you, Council Members, for your support last time. I don't know if there is
somebody in Hilo, what Mr. Eagan was referring to, but Mr. Kanuha is here.
Director Kanuha is here, if Council Members have any questions. Would you like
to add anything? No? You're fine, okay. Well, any other questions, I guess, can
be directed to them, if you have. Thank you, I yield.
CHR KANUHA: Thank you, Ms. Eoff Council Members any other discussion?
Hearing or seeing none, all in favor say "aye."
Vote on Bill 281: The motion to pass Bill 281 on first reading and adopt
(Approved) Planning Committee Report No. 3 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 17.
Bill 17: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL — THREE ACRES (A -3a) TO FAMILY
AGRICULTURAL-- ONE ACRE (FA -la) AT WAIAKEA HOMESTEADS
2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY: 2-4-034:045 (Applicants: Melvin and Brenda Morris)
(Area: ADDrox. 3.002 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicants to subdivide the property
into three lots, to be conveyed to the applicants' children.
Reference: Comm. 63
Intr. by: Mr. Eagan (B/R)
Approve: PC -4
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Vote on Bill 17
(Approved)
February 18, 2015
Mr. Eagan moved to pass Bill 17 on first reading and adopt
Planning Committee Report No. 4. Seconded by
Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 18.
Bill 18: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL — 1 ACRE (A -la)
TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10)
AT HOLUALOA, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY: 7-6-013:017 (Applicant: Orchid Isle Auto Center) (Area: 1.002 acre)
The Leeward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop automobile
storage and employee parking.
Reference: Comm. 64
Intr. by: Mr. Eagan (B/R)
Approve: PC -5
Vote on Bill 18: Mr. Eagan moved to pass Bill 18 on first reading and adopt
(Approved) Planning Committee Report No. 5. Seconded by
Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 20.
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February 18, 2015
Bill 20: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015
Adds the Environmental Management Hilo Ocean Outfall Assess/Repair project
for $4.95 million to the Capital Budget. Funds for the project shall be provided
from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or
Other Sources. Funds would be used towards design and construction costs
related to protection of the exposed portion of the shoreline outfall pipe located
in Hilo, to perform an assessment of the ocean outfall, and to repair leaking
joints.
Reference: Comm. 82
Intr. by: Ms. Eoff
Approve: FC -7
Note: Requires 2/3 vote of the entire membership
to amend, pursuant to Section 10-6(e),
Hawaii County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 20 on first reading and
adopt Finance Committee Report No. 7. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. I think we probably all remember the discussion we had
in Hilo and understand why this is necessary and timely, so I would just
continually support this.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any discussion?
Hearing or seeing none, all in favor say "aye."
Vote on Bill 20: The motion to pass Bill 20 on first reading and adopt
(Approved) Finance Committee Report No. 7 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
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Hawaii County Council -6
February 18, 2015
ORDER OF THE The Chair directed the Council to proceed to the next order of business, Order of
DAY (SECOND the Day (Second or Final Reading).
OR FINAL
READING): CHR KANUHA: Mr. Clerk, Bill 21.
Bill 21: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015
Adds the Public Works Highway Administration Office Building Improvements
project for $500,000 to the Capital Budget. Funds for the project shall be
provided from General Obligation Bonds, Capital Projects Fund — Fund Balance
and/or Other Sources. Funds would be used to expand and improve office space
at the Highways Administration building.
Reference: Comm. 83
Intr. by: Ms. Eoff
First Reading: February 4, 2015
Note: Requires 2/3 vote of the entire membership
to amend, pursuant to Section 10-6(e),
Hawaii County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 21 on second and final
reading. Seconded by Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. In my notes here, I just have noted that this is to
construct an additional 26 x 64 building of offices and rooms to accommodate
additional staff I don't know if you have any other questions, but thank you.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any discussion?
Hearing or seeing none, all in favor say "aye."
Vote on Bill 21: The motion to pass Bill 21 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 22.
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February 18, 2015
Bill 22: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants - Wrongful Conviction
Demonstration Project account ($52,072); and appropriates the same to the
Wrongful Conviction Demonstration Project account. Funds would be used to
purchase recording equipment and related technology to record custodial
interrogations of individuals by law enforcement personnel.
Motion to Approve
Vote on Bill 22
(Adopted)
Reference: Comm. 89
Intr. by: Ms. Eoff
First Reading: February 4, 2015
Ms. Eoff moved to pass Bill 22 on second and final
reading. Seconded by Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: This is a grant that will be used to purchase recording equipment and
related technology for recording custodial interrogations by law enforcement.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or
seeing none, all in favor say "aye."
The motion to pass Bill 22 on second and final reading was
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 23.
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February 18, 2015
Bill 23: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants - Improve Forensic Services account
($25,641); and appropriates the same to the Improve Forensic Services account.
Funds would be used to pay for costs associated with keeping personnel updated
in forensic science training and to purchase updated forensic science equipment.
Reference: Comm. 90
Intr. by: Ms. Eoff
First Reading: February 4, 2015
Motion to Approve: Ms. Eoff moved to pass Bill 23 on second and final
reading. Seconded by Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: I'll just mention that this grant will be used for cost associated with
keeping personnel continuously updated in forensic science training and to
purchase scientific equipment. It covers a period from October 1, 2014 through
September 30, 2015.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any other
discussion? Hearing or seeing none, all in favor say "aye."
Vote on Bill 23: The motion to pass Bill 23 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, Council Members, we have—
MR. ONISHL Mr. Chair?
CHR KANUHA: Was that Mr. Onishi?
MR. ONISHL Yes.
CHR KANUHA: Mr. Onishi?
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Vote on Motion to
Remove Res. 50-15
from Table:
February 18, 2015
MR. ONISHL Okay, I just got word that House State Rep. Mele Caroll just
passed away this morning. She represented Lanai, Molokai and parts of Maui, so
would it be possible to maybe have a moment of silence for her?
CHR KANUHA: Please. Thank you, Mr. Onishi.
MR. ONISHL Thank you.
CHR KANUHA: For the announcement. Prayers to her family.
MR. ONISHL Yeah.
CHR KANUHA: Okay, Council Members, we have a resolution on the table or
an amendment on the table.
MR. HENRICKS: Just proceed using a motion to remove from the table.
CHR KANUHA: Yeah, may I have a motion to remove from the table
Resolution 50-15?
Ms. Poindexter moved to remove Resolution 50-15 from
the table. Seconded by Ms. Eoff and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
CHR KANUHA: Okay, I'm going to give the floor to Ms. Wille.
MS. WILLE: Okay, I think, going along with what Fresh was suggesting, I'm
going to read what it would be. It would be "Any request for referral of a
presentation shall be approved in advance by the Council Chair," underline the
word Chair, and then, keep going, "The request shall include the proposed date
for the presentation, a brief description of the content of the presentation, and
person(s) or group that will be providing the presentation. Any request so
approved shall be referred by the Council Chairperson to the appropriate
Committee to be heard on the date as proposed in the requesting communication,
unless the Council Chair," adding the word Chair in again, "determines the
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Hawaii County Council -6
February 18, 2015
presentation will occur on a date other than that which has been proposed." Let's
see if Fresh is okay.
MR. ONISHL Perfect.
MR. HENRICKS: I don't want toI hate to just make a small consideration.
Point of Order: MS. EOFF: Point of Order.
MR. HENRICKS: Could we just say Chairperson, just to be consistent
throughout the document?
MS. EOFF: Yeah.
MR. HENRICKS: So what you just said, but adding "Chairperson" in the place
of "Chair." I think everybody's on board with that.
MS. WILLE: Yes.
MR. HENRICKS: As far as understanding, at least. Maybe not appreciating, but
understanding.
MS. WILLE: Yes.
CHR KANUHA: Okay, Council Members did you all get the language
proposed? So, the motion on the floor
MR. HENRICKS: I understand that Ms. Wille made this motion to amend this
amendment. All we need is a second now.
Motion to Further Ms. Wille moved to verbally amend Comm. 79. 1, by
Amend: adding the word "Chairperson" after all instances of
"Council" in item 12(c). Seconded by Ms. Eoff
CHR KANUHA: To amend Communication 79.1 with the contents of what just
came out of Ms. Wille's mouth. Any discussion on the proposed amendments?
Hearing or seeing none, all in favor say "aye."
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Hawaii County Council -6
Vote on Motion
to Further Amend:
(Approved)
Vote on Motion
to Amend:
(Approved)
February 18, 2015
The motion to verbally amend Comm. 79. 1, by adding the
word "Chairperson" after all instances of "Council" in
item 12(c) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes on the amendment to the amendment. Okay,
we are currently on the amendment, as amended. Any discussion on the
amendment as amended? Hearing or seeing, all in favor say "aye."
The motion to amend Res. 50-15 with the contents of
Comm. 79. 1, as amended, was carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Okay, now we are on the resolution,
Resolution 50, as amended. Before we vote on this, Mr. Clerk, am I correct in
saying that we're going to have to vote on the rules? Oh, what is it? Suspend the
Rules so that we can vote on this today?
MR. HENRICKS: If the Council wishes to continue with this resolution, yes.
CHR KANUHA: Okay. Any discussion on Resolution 50-15, as amended?
MR. HENRICKS: Is there a motion to suspend the rules?
CHR KANUHA: Sorry, may I have a motion to suspend the rules so that we can
discuss this resolution, as amended, today?
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Vote on Motion
to Suspend
Council Rules:
(Approved)
Vote on Res. 50-15:
Draft 2
(Adopted)
February 18, 2015
Mr. Paleka moved to suspend Council Rule 24 to allow
discussion after substantive amendment without hold -over.
Seconded by Ms. Wille.
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion has been approved, and we have suspended the rules
so that we can discuss this item today. Any discussion? Ms. Wille.
MS. WILLE: Okay, just I want to make it clear to the public what we're
doing, what's the bottom line here, and that is this communication is 79. 1, from
Mr. Onishi. It would eliminate the section (c) as it currently—it will take out "All
Council and Committee meetings shall conclude by 6:00 P.M. absent a majority
vote of all Council Members in attendance. The meeting shall be continued to a
further date as soon as is practical." That's eliminated. That would be deleted, so
I just want to make clear. So, there would be no required vote on that.
The second, on (d), it would again, basically—first sentence, "Any request for a
presentation would have to be approved by the Council Chairperson and it would
be handled administratively through the Council Chair." So just for anyone
listening, that's where we're ending up. Thank you.
CHR KANUHA: Ms. Eoff
MS. EOFF: Just to be really clear, we won't have no rule that has end -time to
meeting, correct?
CHR KANUHA: Yeah, Ms. Wille explained that when she first discussed this
item. Okay any other discussion, Council Members? Hearing or seeing none, all
in favor say "aye."
The motion to adopt Res. 50-15, as amended to Draft 2,
was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
Page 57
Hawaii County Council -6
February 18, 2015
CHR KANUHA: Motion passes. Before I have a motion to adjourn, Mr. Clerk,
is there any other items on the agenda that we have missed.
MR. HENRICKS: No, we've completed the agenda, but I believe Mr. Eagan was
interested in making a motion, and if I might try to help with the verbiage, I don't
think we need to specifically cite each resolution. But maybe if you could just say
a motion to suspend the reconsideration rule for each and every resolution that
was adopted on this day of February 18, 2015.
Motion to Suspend Mr. Eagan moved to suspend Council Rule 15 to waive the
Council Rules: five-day hold for reconsideration on all resolutions listed on
the agenda. Seconded by Mr. Paleka.
CHR KANUHA: It's been moved by Mr. Eagan and seconded by Mr. Paleka on
the motion to suspend the rules on, you know, the five-day holdover. That's
correct on the resolutions that we're saying?
MR. HENRICKS: Yes, I'm confident that everybody understands what they're
that they're rescinding their rights to reconsider a future date.
CHR KANUHA: Okay. Any discussion? Hearing or seeing none, all in favor
say "aye."
Vote on Motion
The motion to suspend Council Rule 15 to waive the
to Suspend
five-day hold for reconsideration on all resolutions listed on
Council Rules:
the agenda was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Now, before I have a motion to adjourn, we
discussed everything on the agenda or we gotten to everything?
MR. HENRICKS: Yes, I believe we discussed everything on the agenda.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
Page 58
Hawaii County Council -6 February 18, 2015
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
ANNOUNCE The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURNMENT: There being no further business, at 12:40 p.m., Mr. Paleka moved to adjourn the
meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha - 9.
Noes: None.
Absent: None.
Excused: None,
CHR. KANUHA: We are adjourned. Thank you, Council Members.
Council Approval: February 17, 2016
L
COVTNTY CLERK
SM/na'rk
Page 59
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Date: 3 IS (Please print clearly)
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