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HomeMy WebLinkAboutMIN COUNCIL 2015/01/23 2014-2016HAWAII COUNTY COUNCIL 41h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 23, 2015 INVOCATION: Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps, gave the morning invocation. CALL TO The regular meeting of the Hawaii County Council was called to order by ORDER: Dru Mamo Kanuha, at 9:03 a.m., in the Council Room, Hawaii County Building, Hilo, Hawaii. CHR KANUHA: Mr. Clerk, roll call please. ROLL CALL Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron Chung, Member Ms. Maile David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member (came in later) Mr. Danny Paleka, Member Ms. Margaret Wille, Member MR. HENRICKS: Chair Kanuha, you have eight members present. PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Eagan led the Council in the Pledge of Allegiance.) CHR KANUHA: Mahalo. I would like to mention to the Council Members and the public that today is our first online video stream. So to those watching at home, hopefully it's working out well. Hawaii County Council -4 January 23, 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: (There were none.) CHR KANUHA: Here in Hilo, I don't see any statements from the public but we will check the other sites. Aloha Kona, are there any statements from the public? MR. REUDY: Good morning, Chairman. We have no statements from the public today. CHR KANUHA: Thank you very much. We'll go to Ka`u. Aloha, Ka`u. MS. ALEXANDER: Aloha, Mr. Chair. We have no testifiers today. CHR KANUHA: Thank you. Next, we have Waimea. MR. HIRT: Good morning, Chair. We do not have any testifiers for Council today. CHR KANUHA: Thank you. Good morning, Pahoa? MS. IYEKE: Good morning, Chair. We don't have any testifiers here today. CHR KANUHA: Okay, thank you. And last, but not least, Kohala? MS. SWEENEY: Aloha, Chair. We have no testifiers for this meeting today. CHR KANUHA: Okay, thank you. Seeing no other statements from the public, we will close statements from the public and move on to Communications. APPROVAL OF The Chair directed the Council to proceed to the next order of business, MINUTES: Approval of Minutes. (There were none.) CHR KANUHA: Mr. Clerk, Communication 72. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Page 2 Hawaii County Council -4 January 23, 2015 COMM. 72 NOMINATES PAULINE KE`ALA LEE LOY TO THE CULTURAL (WAIVED -PC): RESOURCES COMMISSION From Mayor William P. Kenoi, dated January 2, 2015, submitting for the Council's review and confirmation the above nomination. CHR KANUHA: Thank you may I have a motion to close file on Communication 72 and approve the nomination of Pauline Ke`ala Lee Loy. Motion to Approve: Ms. Poindexter moved to confirm the appointment of Ms. Ke`ala Lee Loy to the Cultural Resources Commission. Seconded by Ms. David. CHR KANUHA: Okay, thank you. Char, you can go right ahead. (Note: At this time, Ms. Pauline Ke`ala Lee Loy, Nominee, Cultural Resources Commission and Ms. Char Shigemura, Executive Assistant to the Mayor, came forward to address members of the Council.) MS. SHIGEMURA: Good morning, Council Chair and members of the County Council. Mayor Kenoi's nominee this morning from Council District 2 to the County of Hawaii Cultural Resources Commission is Ms. Ke`ala Lee Loy, who is with us this morning. She is a lifelong resident of Hawaii, a retired educator who was previously employed by Kamehameha Schools Hawaii and the Department of Education. Ms. Lee Loy previously served as a board member of the Honoka`a Credit Union and the Neighborhood Place of Puna. She was also the Kamehameha Schools Outreach Director and served as an advocate for the Keaukaha Community Tutoring Center. She states that she's not affiliated with any political party and if confirmed, she will serve a term to expire on December 31st of 2016. CHR KANUHA: Thank you, Char. I'm going to open it up for discussion, Ms. Poindexter. MS. POINDEXTER: Yeah, thank you Pauline. I just want to say that District 1 was very fortunate to have you all those years, before you moved to District 2. And I don't know if you realized it or not, but you were such an inspiration and a role model for a lot of people, a great leader. I remember growing up and admiring you a lot because, at Honoka`a High School, she was a great cheerleader. So you were my inspiration and your values and that positive role model, I wanted to be that and I ended up going, of course, to be a cheerleader. So that whole—those days, you continued to build on those values and spread the aloha not only in District 1, but, you know, now you're in District 2 and now you're going to be able to do a lot on this commission. So, thank you for your service that you continue to do for this beautiful Island of Hawaii. We are so fortunate to have someone like you. Page 3 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion, Ms. Eoff? MS. EOFF: I just wanted to say thank you for willing to serve on this commission. I was wondering if there is an opportunity for you to report back or ask the commission. If there is some way for you to keep in touch with the Council. Even at a committee level, a presentation to let us know what kinds of things you are doing or advocating for. Because, I think, it would be good for this Council to take up more cultural issues as we go forward. I would be very interested, if not in this form but, in some kind of personal communication with the Cultural Resources Commission. MS. LEE LOY: I guess that would be determined. I haven't attended a meeting yet but, absolutely, open to that potential. MS. EOFF: Okay, thank you. CHR KANUHA: Thank you, Ms. Eoff Ms. David. MS. DAVID: Aloha, Pauline. I haven't met you personally but I'm reading your application. I really believe your statement, that you honor and respect various cultures of this island, brings a really important aspect to this commission and I really thank you and congratulate you. CHR KANUHA: Ms. Wille. MS. WILLE: Pauline just a quick hello and I echo what was said, especially the multi -cultural events. I invite you to the Cherry Blossom Festival on February 7th in Waimea. CHR KANUHA: Thank you, Ms. Wille, any other discussion? Hearing or seeing none. Mr. Clerk. The motion to confirm the appointment of Ms. Pauline Ke`ala Lee Loy's to the Cultural Resources Commission was carried by the following roll call vote: AYES: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha — 8. NOES: None. ABSENT: Council Member Onishi — 1. EXCUSED: None. CHR KANUHA: Motion passes. Congratulations and we look forward to seeing you do good in the community. Thank you for your service. Page 4 Hawaii County Council -4 RECESS: RECONVENE COMM. 73 (WAIVED -PC) Motion to Approve January 23, 2015 MR. PALEKA: Mahalo. CHR KANUHA: Can we take a brief recess to congratulate? The Chair called for a recess at 9:11 a.m. The meeting reconvened at 9:13 a.m. NOMINATES ANN KERN AND SHAUN ROTH TO THE KAILUA VILLAGE DESIGN COMMISSION From Mayor William P. Kenoi, dated January 2, 2015, submitting for the Council's review and confirmation the above nominations. CHR KANUHA: Thank you, may I have a motion? We have to do these separately for the nomination. So may I have a motion to approve Ann Kern to the Kailua Village Design Commission? Ms. Eoff moved to confirm the appointment of Ms. Ann Kern to the Kailua Village Design Commission. Seconded by Mr. Onishi. (Note: At this time, Ms. Ann Kern, Nominee, Kailua Village Design Commission, came forward to address members of the Council.) MS. SHIGEMURA: Okay, thank you. Mayor Kenoi's nominees to the Kailua Village Design Commission are both in Kona today. First of all Ms. Ann Kern, who is a 17 year resident of Hawaii, she is a University of Hawaii lecturer and a member of the Kona Historical Society. She has previously served as a member of this commission. If confirmed, she replaces Sammie Stanbro for a remainder of a three year term that will end on December 31" of 2015. And at that time she will be eligible for an additional three year term that will end on December 31st of 2018. CHR KANUHA: Thank you very much. Council Members we have Ms. Kern in Kona, if you have any questions for her; any discussion. Opening up for discussion. Ms. Eoff MS. EOFF: Thank you. Thank you, Ms. Kern, for coming forward to serve on this commission. Is there something you would like to say about your experience or interest in serving? MS. KERN: I'm happy to have the potential opportunity to do this again. I enjoyed my last term on this commission and this is an area, in our community, that I'm particularly interested in. I would welcome the opportunity to do this again. Page 5 Hawaii County Council -4 January 23, 2015 MS. EOFF: Okay, thank you. Thank you for the other work you do in our community, with Kona Historical Society. CHR KANUHA: Thank you, Ms. Eoff Mr. Onishi. MR. ONISHL Good morning, Ms. Kern. Thank you for volunteering. I just have one question, can you explain or give us comments on any future goals or projects that you would be thinking about or improvements to the district or to the area? MS. KERN: Since I haven't been on the commission for several years, I'm not sure what's current there. But my concern is to keep the community looking consistently Kona. In a way that shows us, shows anyone that comes here and shows us who live here, that the history and culture of this place is still alive and well. CHR. ONISHL Okay, thank you. CHR KANUHA: Thank you, Mr. Onishi. Any other Council Members? Okay, hearing or seeing none. I'd like to also ask for everyone's support on Ms. Kern's nomination, I think she'll be an asset to this commission and I know you'll do a great job. Mahalo for serving again and your experience working with the Kona Historical Society will definitely lend a great hand to this commission, so mahalo again. Okay. Mr. Clerk, on Ann Kern's nomination. The motion to confirm the appointment of Ms. Ann Kern to the Kailua Village Design Commission 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 very much and thank you Ann Kern. I know we can't shake your hand there. We're in Hilo. You're in Kona but, just again, a big mahalo. CHR KANUHA: Okay. Now may I have a motion to approve the nomination of Shaun Roth? Page 6 Hawaii County Council -4 January 23, 2015 Motion to Approve: Mr. Onishi moved to confirm the appointment of Mr. Shaun Roth to the Kailua Village Design Commission. Seconded by Mr. Paleka. (Note: At this time, Mr. Shaun Roth, Nominee, Kailua Village Design Commission, came forward to address members of the Council.) CHR KANUHA: Any discussion Council Members? Mr. Onishi. MR. ONISHL Hi. Mr. Roth, thank you for volunteering. Would you like to or do you have any comments on why you want to be on this commission? Also, as I asked Ms. Kern, what are your future goals or your comments on the commission, whatever projects? MR. ROTH: Okay. Well, I guess, one is that I'm an architect and one fact is that I care a lot about the built environment. One thing, that I feel, is that you can't complain about anything unless you're willing to do something about it. And so this is a good way to do something about it. Ben had asked me to volunteer to be on this committee and so, I am very happy to do it. I think the Kailua Village can definitely use some improvement. The guidelines are in place, I know, from looking over them are not particularly clear in many cases. There's issues with how it works with the community development plan, which is also in flux, a little bit, and, in some cases, opposed to what a lot of people would like to see actually happen. So I think there's a lot of work to do. MR. ONISHL Okay good, thank you. CHR KANUHA: Thank you, Mr. Onishi. I do apologize Council Members and Mr. Roth, I didn't give a proper introduction. I will ask Ms. Shigemura to give a proper introduction of the nominee. MS. SHIGEURA: Thank you. For the record, I would like to introduce Mayor Kenoi's nominee to the Kailua Village Design, Mr. Shaun Roth, whom you just heard from. He is a 14 -year resident of Hawaii, he is a self-employed architect with Roth Kimura LLP. Mr. Roth is currently a member of AIA (American Institute of Architects) Honolulu and the former president of the local AIA Chapter. He is an organizing volunteer with Holualoa Elementary School robotics' club and formerly served as a board member of the Holualoa Foundation for Arts and Culture. If he is confirmed, he will be replacing John Hetherington for the remainder of a three-year term that will end on December 31st of 2016. CHR KANUHA: Thank you for that. Council Members, any other discussion? Oh, Ms. Wille. Page 7 Hawaii County Council -4 January 23, 2015 MS. WILLE: Yes Shaun, thank you for serving and I agree with your moto, ,,Don't whine if you're not going to work on something and help make it better." So, I'm not quite sure how your committee works with your CDP (Community Development Plan), but I hope you can work closely with that body. I've been very concerned in terms of, somewhat, the administration's lack of support for the CDP's including in the Misler case. So whatever you can to build these, you know, you're very important and distress that importance. We don't have villages, we don't have towns, this is really the one sort of local where the community can come together and then interface the County levels, so be bold. MR. ROTH: Okay. MS. WILLE: Thank you. MR. ROTH: Thanks. CHR KANUHA: Thank you, Ms. Wille. Ms. David. MS. DAVID: Yes, Mr. Roth and also Ms. Kern, I saved my comments for both of you. You're both serving on the same commission and I really thank you, Ms. Kern, for your historical background and Mr. Roth, I think, your background in architecture will serve this commission well. So mahalo nui for serving. CHR KANUHA: Thank you, any other discussion? Okay. I would like to say again, I support your nomination. Mahalo for serving further into this community, I know your wife's family really well and I know they'll make sure that you'll do a great job on this commission. So I urge everybody else's support and look forward to you serving, so mahalo. Okay, Mr. Clerk. The motion to confirm the appointment of Mr. Shaun Roth to the Kailua Village Design Commission 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, motion passes. Congratulations, Mr. Roth. MR. ROTH: Okay, thank you. Page 8 Hawaii County Council -4 January 23, 2015 COMM. 74 NOMINATES ANTHONY H. SYLVESTER II AND MARK C. BARTELL TO WAIVED-AWESC: THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor William P. Kenoi, dated January 2, 2015, submitting for the Council's review and confirmation the above nominations. CHR KANUHA: May I have a motion to confirm the nomination of Anthony H. Sylvester 11? Motion to Approve: Ms. David moved to confirm the appointment of Mr. Anthony Sylvester 11 to the Game Management Advisory Commission. Seconded by Ms. Wille. CHR KANUHA: Char, if you could introduce the nominee? MS. SHIGEMURA: Thank you. Mayor Kenoi's nominees to the Game Management Advisory Commission, are they both in Kona today? CHR KANUHA: I don't see anybody else in Kona. MS. SHIGEMURA: Do you want me to read in their nomination still? Okay. Actually, both of them are currently serving as members. it's just that their terms have expired and they are eligible to be re -confirmed. So the first nominee is from District 3, Anthony Sylvester II, he's a lifetime resident of Hawaii. He is employed by the National Radio Astronomy Observatory VLBA (Very Long Baseline Array), as a system specialist, and he states that he is not affiliated with any political party. Both, Mr. Sylvester and the next nominee, were both confirmed as members to this commission for two year terms that ended on December 31" of 2014. Hawaii County Charter, Section 134(c), states that members of any board or commission appointed for a term of two years or less, shall be eligible to succeed themselves for an additional full term. And that's what both of these nominees are up before you for. CHR KANUHA: Thank you, Char. Ms. Wille. MS. WILLE: Yes, so he's not, we still have to move this in. CHR KANUHA: I'm sorry? MS. WILLE: We still have to move? CHR KANUHA: We can go forward with the nomination, if every Council Member is okay with that. MS. WILLE: I'd like to move to approve. Page 9 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Okay. No, there is a motion on the floor to approve the confirmation. MS. WILLE: Okay, there is. That's what I was asking. I think Mr. Sylvester has been in here a number of times. He has been serving on the board and he has been very good about reporting back to this Council. So I just ask, and do support it. We have seen him and he's already been on the board so I ask for your support. CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHL Well, Tony is in my district and so, yeah, I am also echoing what Ms. Wille has mentioned is that, yeah, he has been coming to the Council and informing us of what has been going on and he's been very active in the commission. So I am for your guys support. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Just out of respect for the new Council Members that just got elected, I'm not sure if they know who Tony is. The next time, if they could come before the Council and at least they get to see who this person is, the name to the person. Just, I agree, with moving this forward. Just next time, I would like to see them here. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Okay, hearing or seeing none, Mr. Clerk. The motion to confirm the appointment of Mr. Anthony H. Sylvester II's to the Game Management Advisory Commission was carried by the following roll call vote: 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, the motion is approved. Now may I have a motion to approve the nomination of Mark C. Bartell to the Game Management Advisory Commission? Motion to Approve: Ms. Eoff moved to confirm the appointment of Mr. Mark Bartell to the Game Management Commission. Seconded by Ms. Wille. Page 10 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Any discussion? Ms. Eoff MS. EOFF: Thank you. Yes, I'd like to offer my support for Mr. Bartell. I know he's very passionate about serving on this commission and I've known him for a long time, and worked with him. So I urge us to support him, to continue to serve us on the Game Management Commission. CHR KANUHA: Thank you very much, any other discussion? Hearing or seeing none, okay Mr. Clerk. The motion to confirm the appointment of Mr. Mark C. Bartell to the Game Management Advisory Commission 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. Motion is approved. Council Members, I'm going to take a brief recess, there's some technical issues. Recess. RECESS: The Chair called for a recess at 9:27 a.m. RECONVENE: The meeting reconvened at 9:51 a.m. CHR KANUHA: Okay, we are coming out of recess. I just wanted to apologize to those that are listening and our Council Members. This is a new service that we're providing for live streaming online. We might have some difficulties with the closed captioning but they are working on it, so we just want to proceed with the meeting as set forward. So, Mr. Clerk, we'll start with the order of resolutions. Resolution 38-15. Page 11 Hawaii County Council -4 January 23, 2015 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. RESOLUTION ACCEPTS THE DEDICATION OF ROAD LOT 33 (KAMANU STREET NO. 38-15 STUB-OUT/EXTENSION), ROAD LOT 34 (KAIAKOILI STREET), ROAD (PWPRC-1) LOT 35 (MAIAU STREET), ROAD LOT 36 (KAUHOLA STREET), ROAD (COMM. 49): LOT 37 (OLOWALU STREET); AND ROAD LOT 38 (KAMANU STREET WIDENING) TAX MAP KEYS: 7-3-051:131, 132, 133, 134, 135, AND 136, OF THE KALOKO LIGHT INDUSTRIAL SUBDIVISION, PHASE III, BEING ALSO A PORTION OF ROYAL PATENT 8214, LAND COMMISSION AWARD 7715, APANA 11 TO LOT A KAMEHAMEHA, SITUATE AT KALOKO, DISTRICT OF NORTH KONA, ISLAND OF HAWAII, STATE OF HAWAII, FROM TSA, LLC The streets contain areas of 0.560, 0.852, 0.825, 0.823, 0.998, and 0.249 acre, respectively. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved to adopt Resolution 38-15. Seconded by Ms. Eoff CHR KANUHA: Any discussion? Hearing none, Mr. Clerk? The roll call vote on Resolution 38-15 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. Motion to Suspend Mr. Onishi moved to suspend Council Rule 10 to allow Council Rule 10: voice votes. Seconded by Mr. Eagan. CHR KANUHA: Any discussion? Sorry, no discussion on a motion to suspend the rules. Mr. Clerk? Page 12 Hawaii County Council -4 January 23, 2015 The roll call vote to Suspend Council Rule 10 was as follows: 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, motion passes. Okay, now onto Resolution 39-15. RESOLUTION TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM NO. 39-15 THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A (COMM. 57): DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR THE 2015 HONOLI`I PAKA ALOHA HONUA SURFING CLASSIC Transfers/appropriates $800 out and from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Basic Image, Inc. — 2015 Honoli`i Paka Aloha Honua Surfing Classic). Funds would be used to pay for T -Shirts and other expenses. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved to adopt Resolution 39-15. Seconded by Ms. David. CHR KANUHA: Okay, Ms. Eoff You have the floor. MS. EOFF: Okay. Thank you, Mr. Chair. I just wanted to lend my support to this surfing classic in conjunction with Parks and Recreation because I really support surfing, especially for youth programs. So, I thank you for the opportunity and I ask for your support. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 39-15 was as follows: 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. Resolution 40-15. Page 13 Hawaii County Council -4 January 23, 2015 RESOLUTION TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM NO. 40-15 THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A (COMM. 58): DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR THE 11TH ANNUAL HONOLI`I PAKA ALOHA HONUA SURFING CLASSIC Transfers/appropriates $500 out and from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Basic Image, Inc. — Honoli`i Paka Aloha Honua Surfing Classic). Funds would be used to pay for refreshments. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved to adopt Resolution 40-15. Seconded by Ms. Eoff CHR KANUHA: Ms. Poindexter, you have the floor. MS. POINDEXTER: Yeah, I'd just like to say the same as Ms. Eoff I support the keiki and the surfing, but also most importantly, the gathering of the families and the celebration for the beautification of Honoli`i, as well, and how they cared for the land. So, thank you. CHR KANUHA: Ms. Eoff? MS. EOFF: Oh no. Thank you, Mr. Chair. CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 40-15 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. Resolution 42-15, please. Page 14 Hawaii County Council -4 January 23, 2015 RESOLUTION TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM NO. 42-15 THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A (COMM. 66): 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 8); 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 speaker fees and facility rental. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved to adopt Resolution 42-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff, you have the floor. MS. EOFF: Okay, thank you. Yes, I don't know if there was somebody from the Prosecutor's Office that wanted to comment on this but, if not, I'd just like to say I ask for your support and I think the status of—well, promoting women's participation and leadership forums is important to support. So thank you. CHR KANUHA: Thank you, Ms. Eoff Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I'm happy that Council Member Eoff is taking the lead on this one. I was going to ask other Council Members to also support them, not just regarding this reso, but other contingency funds that they have in their Council district. I would like to support them but I am out of contingency funds, so I am not able to do so. But if need be, I will definitely help you out if you could give some for them in my place and then I will try to take care of you the next time we have any contingency funds. That is how much I want to support them and I hope that you will support them in the future. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Resolution 42-15 was as follows: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. Thank you. Resolution 43-15. Page 15 Hawaii County Council -4 January 23, 2015 RESOLUTION TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM NO. 43-15 THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A (COMM. 67): DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR PROJECT GRADUATION 2015 Transfers/appropriates $5,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits the same to the Department of Liquor Control, Public Programs, Miscellaneous Contract Services account (Kealakehe Project Grad). Funds would be used to pay for expenses associated with graduation -night celebration to be held on June 3, 2015. (Introduced by Ms. Eoff.) Motion to Approve: Ms. Eoff moved to adopt Resolution 43-15. Seconded by Ms. David. CHR KANUHA: Ms. Eoff, you have the floor. MS. EOFF: Yes, I would just like to say I have supported this Project Grad over the years, and my predecessor supported it also. It really benefits the students at Kealakehe to have a non-alcoholic, safe place to party all night. So, I have taken part in this over the years and I just want to continue to support it and I ask for your support. Thank you. CHR KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Resolution 43-15 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. Mr. Clerk, Resolution 44-15. RESOLUTION AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN NO. 44-15 AGREEMENT WITH THE HAWAII TOURISM AUTHORITY (HTA), (WAIVED -FC) PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A (COMM. 68): GRANT TO THE DEPARTMENT OF PARKS AND RECREATION FOR ITS LITTLE FIRE ANT CONTROL PROGRAM Provides $50,000 from HTA to the Parks and Recreation Department to hire up to three staff members and to provide them with equipment and necessities such as bait. (Introduced by Ms. Eoff.) Page 16 Hawaii County Council -4 January 23, 2015 Motion to Approve: Ms. Eoff moved to adopt Resolution 44-15. Seconded by Ms. David. CHR KANUHA: Ms. Eoff, you have the floor. MS. EOFF: Thank you. Well, this is a grant and it's thankful that we are doing all that we can to control the little fire ants, since we don't want this to get any more out of control. Thank you. CHR KANUHA: Thank you, Mr. Onishi. MR. ONISHL Yeah, I can give you some brief history about this. Last year, Hawaii Ant Lab applied for this grant with HTA (Hawai`i Tourism Authority), which they got. I think, it was $40,000 or $60,000, with a matching with County of Hawaii. And so this year what Parks and Recreation did, because as you folks know, we did get like $200,000 from the Department of Agriculture to help fight the little fire ant and also with the Hawaii Invasive Species Council, we got another like $175,000. That was to help provide funding for three positions that we have going on right now. They have acknowledged that there are over 19 parks that are infested with fire ants, County parks. Okay. Then there's also some County facilities; for example, like Andrew's Gym, where they found fire ants in the gym and they are at different facilities too. They just found out this County building has little fire ants and so that crew is going to be coming in to help eradicate that on these grounds here. So, what Parks and Recreation did is that they went out on their own to get from HTA, this grant. I really appreciate that Parks and Recreation is moving forward and being more aggressive with getting more funding. So upcoming budget, we need to help them and provide permanent funding because we're not going to get too much help from the state, like the state legislators, and we might have help from the Department of Agriculture in getting a little bit more funding but other than that, we're going to have to fight with the other agencies or non -profits that go and get the money from the Hawaii Invasive Species Council. So, with this, it's going to help keep providing funding for pesticides that they need, equipment, and, I guess, to continue the funding for the positions until we can make it permanent from the County side. So, I'm asking for your support and I want to thank Parks and Recreation, Reed and Clayton, for all their hard work and being very aggressive in trying to get funding for us. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille. Page 17 Hawaii County Council -4 January 23, 2015 MS. WILLE: Yes, first a number of points. First, I just want to thank Council Member Onishi, I know he has made trips over to Honolulu and worked really diligently on this and getting the funds for us. This is probably the issue, I think, the first thing I actually worked on and came to the Council before I was on the Council, was trying to get the County to do a lot more, that was back in `08, and it was all. This is a State issue and we never did any of the things, even though it was nine members approving it. I'm glad to see all of this. I see it coming to the parks. Again, we are not getting funding, sort of helping to address the landscapers and the farms, and we have a lot more to do on that. I'm glad to see we're going to have these people here, the State ag people that have been assigned on this, are more taken from this island and the other neighbor islands, focusing on Oahu. Lastly, I just want to make a point about the HTA (Hawai`i Tourism Authority). You know all of this money, where it's being funneled through HTA, if this were direct to the counties, I mean their size of the TAT (Transient Accommodation Tax), what they get we funnel it and they take about 25 percent off the top. If we had more of these TAT funds coming to the counties, we would avoid all of that and have more to deal with the fire ants. Again, I think this is great. I just want to throw in those concerns. Hopefully, we'll be able to focus our efforts, not just on the parks, and have people come in here and see fire ant signs going down our center here is upsetting. It's a major issue. Again, if there was a little more respect for the counties, we would have had this under control a lot more before now. Thank you. CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I do want to thank Council Member Onishi's leadership and also with collaborating with HTA (Hawai`i Tourism Authority). This will definitely help with the tourists, and have them have a pleasant stay here, and also the locals who are using these facilities. When I went over to the Legislature opening, these past couple of days, we stopped by the Department of Agriculture. I thanked them for supporting Council Member Onishi on getting the money through, but when I was around their facilities, they had fire ants. I think you might need to give them some of that money to control their fire ants. Council Member Onishi, you are an outstanding Statesman and I appreciate you getting money for us. CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor, say "aye." Page 18 Hawaii County Council -4 RESOLUTION NO. 45-15 (COMM. 71) January 23, 2015 The voice vote on Resolution 44-15 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. Mr. Clerk, Resolution 45-15. 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 $2,500 out and from the Clerk -Council Services — Contingency Relief account (Council District 6); 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 and supplies. (Introduced by Ms. David.) Motion to Approve: Ms. David moved to adopt Resolution 45-15. Seconded by Mr. Eagan. CHR KANUHA: Ms. David, you have the floor. MS. DAVID: Mahalo. I want to mirror what Council Member Eoff had said about the importance of this leadership forum that is coming up. Also, I needed to mention that Council Member Eoff and I attended the service at the West Hawaii Veteran's Cemetery, on Wednesday, where they honored five veterans of the Hawaii 1001h 442nd RCT (Regimental Combat Team). They were awarded the French Legion of Honor and it was a great ceremony. I have to really do some bragging because the person who did the presentation was Pauline Carmona, she was the first French Female Consul General in the United States. She gave a great speech and also she is the first woman to take this office in San Francisco and the only woman currently serving the French Consular Network in the USA. So, I really believe that we need to honor these women for their leadership and forums like this will definitely help that and I appreciate your support. Mahalo. CHR KANUHA: Thank you, Ms. David. Mr. Eagan. Page 19 Hawaii County Council -4 BILLS FOR ORDINANCES (FIRST READING): ORDINANCE BILL NO. 266 (2012-2014) PC -1 (COMM. 937) January 23, 2015 MR. ILAGAN: Thank you, Mr. Chair. I also want to thank Council Member David for taking the lead on this one too. And I just want to mention that if we ever were to see a world where the status of women has the equal pay as men do, it would be a great world because I'm looking for a woman who makes more than I do. So in the future I don't have to work as much as I do. So, it's great for everybody I must say. But whoever you are out there, I'm looking for you. I just want to thank the Council Members who are supporting these forums, because these forums bring that vision to reality. And as elected officials, it's our duty to take the steps to get closer to that goal. So, thank you so much and I hope the other Council Members will also support this forum and put money into Council Member Margaret Wille. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Okay, any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Resolution 45-15 was as follows: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved. The Chair directed the Council to proceed to the next order of business, Bills for Ordinances (First Reading). AMENDS CHAPTER 23, ARTICLE 4, SECTION 23-58 AND ARTICLE 5, SECTION 23-68 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SUBMISSION OF THE PRELIMINARY PLAT AND FINAL PLAT FOR AN APPLICATION FOR SUBDIVISION Requires the preliminary plat and final plat of a proposed subdivision be prepared, stamped, and signed by a surveyor. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved for the passage of Bill 266 on first reading and to adopt Planning Committee Report 1. Seconded by Ms. David. CHR KANUHA: Ms. Eoff, you have the floor. Page 20 Hawaii County Council -4 January 23, 2015 MS. EOFF: Thank you, Mr. Chair. In Planning Committee we had quite a lengthy discussion on this bill. But, at that time, I had mentioned that I introduced this to kind of bring more accuracy to the plat maps at the time of preliminary subdivision approval. I am urging us to continue to support this bill. Both Planning Commissions gave it a positive recommendation and I believe that at our meeting at the Planning Committee, Director Kanuha stated that it's basically the practice by at least 80 percent of those submitting. But just to make sure we have that codified, I wanted to make this code amendment. So, I appreciate your support and if you have questions, I can answer them. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing and seeing none, all in favor, say "aye." The voice vote on Bill 266 was as follows: 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, Bill 266 moves to second reading. Mr. Clerk, Bill 1. ORDINANCE AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254, BILL NO. 1 SCHEDULE 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (PWPRC-2) AMENDED), RELATING TO 20 MILE PER HOUR SPEED LIMIT (COMM. 12): Adds portions of Mahi`ai Road to Subsection (g), Puna. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved for the passage of Bill 1 on first reading and to adopt Public Works and Parks and Recreation Committee Report 2. Seconded by Ms. David. CHR KANUHA: Any discussion? Hearing or seeing none, all in favor, say aye. The voice vote on Bill 1 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. Page 21 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Motion passes. Bill 1 moves to second reading. Mr. Clerk, Bill 2. ORDINANCE AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255, BILL NO. 2 SCHEDULE 3 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (PWPRC-3) AMENDED), RELATING TO 25 MILE PER HOUR SPEED LIMIT (COMM. 13): Amends Subsection (g), Puna, to revise existing provision for a portion of Wright Road and to add Amaumau Road and portions of Mahi`ai and Wright Road. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved for the passage of Bill 2 on first reading and to adopt Public Works and Parks and Recreation Committee Report 3. Seconded by Ms. Eoff. CHR KANUHA: Council Members, before we get into discussion, I would like to ask somebody to amend in Item 30, in Section 2, staff told me it's southeastern, not southwestern. So, if we could have a friendly amendment to amend from southwestern to southeastern. Motion to Amend: Ms. Wille moved to amend Bill 2 by changing "southwestern" to "southeastern" in Section 2, Item 30. Seconded by Ms. Poindexter. CHR KANUHA: Any discussion? Hearing or seeing none, all those in favor, say "aye." The voice vote on the amendment was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Bill 2 is amended. Okay. Council Members, since it was a simple amendment we can vote on this today. Is there any discussion on Bill 2 as amended? Hearing or seeing none, all in favor, say "aye." Page 22 Hawaii County Council -4 January 23, 2015 The voice vote on Bill 2, as amended to Draft 2, was as follows: 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. Bill 2 moves to second reading. Thank you. Mr. Clerk, Bill 3. ORDINANCE AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275.1, BILL NO. 3 SCHEDULE 23.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, (PWPRC-4) AS AMENDED), RELATING TO NEW PUBLIC ROAD TAXI STAND (COMM. 14): LOCATION Adds portion of Alii Drive to Subsection (f), Kona, to provide taxi parking between 10 p.m. and 8 a.m. daily. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved for the passage of Bill 3 on first reading and to adopt Public Works and Parks and Recreation Committee Report 4. Seconded by Ms. David. CHR KANUHA: Any discussion? Hearing or seeing none, all in favor, say aye. The voice vote on Bill 3 was as follows: 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 and Bill 3 moves to second reading. Mr. Clerk, Bill 7. Page 23 Hawaii County Council -4 January 23, 2015 ORDINANCE AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO BILL NO. 7 PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FC -1 FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 (COMM. 26): Establishes the following program appropriations to the Capital Budget: Roadway Projects (Engineering) ($1,750,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1,500,000); and Local Road Improvements (Highways) ($3,250,000), for a total of $6.5 million. Funds for the program appropriations shall be provided from the portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Exhibit A, attached to the bill, lists the specific projects in each category. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved for the passage of Bill on first reading and to adopt Finance Committee Report 1. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: I think we had a pretty lengthy discussion on this in committee, and I think we asked questions and understood that this is the fourth increment of the fuel tax revenues. We discussed the projects that it was going back to fund. So, I'm in support of this. CHR KANUHA: Thank you, Ms. Eoff Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I was wondering, Council Member Eoff, is there a representative from Public Works by chance? MS. EOFF: I don't see anybody here. MR. ILAGAN: Okay. I just wanted to make an inquiry and the inquiry is that Council Member Paleka and I had a community meeting, one meeting was in Mountain View. There is a bridge up in Mountain View and I wanted to ask how inspections or occurrence of inspections occur, regarding different bridges around the island and how this funding could relate to that? It's not in the district that I represent but, I feel like, if people in District 4 would travel up to District 5 and they get hurt because of the bridge, then I would be at fault. So, I just wanted to make the inquiry regarding these funds. MS. EOFF: Mr. Chair, can I just respond? CHR KANUHA: Thank you, Mr. Eagan. Yes. Ms. Eoff MS. EOFF: I think you could probably call Ben Ishii. He was the one on this project. Page 24 Hawaii County Council -4 January 23, 2015 MR. ILAGAN: I'll do that, thank you. We still have another reading. CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Bill 7 was as follows: AYES: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Motion is approved and Bill 7 moves to second reading. Mr. Clerk, Bill 10. ORDINANCE AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO BILL NO. 10 PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FC -2 FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 (COMM. 45): Adds the Public Works Mauna Kea Visitor Information Station Access Road and Parking - Private project for $55,000 to the Capital Budget. Funds for the project shall be provided from Private Contributions. Funds would be used to resurface the parking lot, pave a diagonal parking shoulder, install speed humps, and install lane and traffic -calming markings. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved for the passage of Bill 10 on first reading and to adopt Finance Committee Report 2. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Ms. David. I mean Ms. Eoff MS. EOFF: Yes. I would like to say that once we approve the $55,000, then the County can receive funds from the Research Corporation of the University of Hawaii to do this work. CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor, say "aye." Page 25 Hawaii County Council -4 January 23, 2015 The voice vote on Bill 10 was as follows: 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. Bill 10 moves to second reading. Mr. Clerk, next item. ORDINANCE AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO BILL NO. 11 PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FC -3 FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 (COMM. 46): Adds the Public Works Mass Transit Maintenance and Baseyard Facility - project for $10 million to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($4 million) and General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($6 million). Funds would be used to design and construct a new baseyard and administrative facility for the Mass Transit Agency. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved for the passage of Bill 11 on first reading and to adopt Finance Committee Report 3. Seconded by Ms. David. CHR KANUHA: Any discussion? Hearing or seeing none, all in favor, say aye. The voice vote on Bill 11 was as follows: 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 and Bill 11 moves to second reading. Mr. Clerk, Bill 12. Page 26 Hawaii County Council -4 January 23, 2015 ORDINANCE AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO BILL NO. 12 PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FC -4 FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 (COMM. 47): Establishes the following program appropriations to the Capital Budget: North Kona Engineering Projects ($13,847.15); Roadway Projects (Engineering) ($2,879,576.15); Bridge Inspection, Repair, and Replacement Program ($10,588.21); Americans with Disabilities Act Curb Cut & Accessible Route Program ($370,644.65); Local Road Improvement — North Hilo ($109,019.82); and Local Road Improvement - North Kona ($2,112.65), for a total of $3,385,788.63. Funds for the program appropriations shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund ($3,385,788.63). Exhibit A, attached to the bill, lists the specific projects in each category. (Introduced by Ms. Eoff ) Motion to Approve: Ms. Eoff moved for the passage of Bill 12 on first reading and to adopt Finance Committee Report 4. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Bill 12 was as follows: 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 and Bill 12 moves to second reading. Mr. Clerk, Bill 13. ORDINANCE AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BILL NO. 13 BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR FC -5 ENDING JUNE 30, 2015 (COMM. 48): Appropriates revenues in the Fund Balance From Previous Year - Reserve account ($54,000.40); and appropriates the same to the Transfer to Capital Projects Fund - Highway account. These fiscal year 2013-2014 excess fuel tax revenues would be expended by the Public Works Department. (Introduced by Ms. Eoff.) Motion to Approve: Ms. Eoff moved for the passage of Bill 13 on first reading and to adopt Finance Committee Report 5. Seconded by Ms. David. Page 27 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Ms. Eoff, you have the floor. Oh, is there any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Bill 13 was as follows: 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. Bill 13 moves to second reading. Mr. Clerk, Bill 14 ORDINANCE AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257, BILL NO. 14 SCHEDULE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (PWPRC-5) AMENDED), RELATING TO 35 MILE PER HOUR SPEED LIMIT (COMM. 50): Adds a portion of Wright Road to Subsection (g), Puna. (Introduced by Ms. Poindexter.) Motion to Approve: Ms. Poindexter moved for the passage of Bill 14 on first reading and to adopt Public Works and Parks and Recreation Committee Report 5. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Bill 14 was as follows: 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, Bill 14 moves to second reading. Mr. Clerk, Bill 19. Page 28 Hawaii County Council -4 January 23, 2015 ORDINANCE AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BILL NO. 19 BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR (WAIVED -FC) ENDING JUNE 30, 2015 (COMM. 68): Appropriates revenues in the State Grants — Little Fire Ant (LFA) Control — Hawai`i Tourism Authority (HTA) account ($50,000); and appropriates the same to the LFA Control — HTA account. Funds would be used to hire up to three staff members and to provide them with equipment and necessities such as bait for the LFA Control Program. (Introduced by Ms. Eoff.) Motion to Approve: Ms. Eoff moved for the passage of Bill 19 on first reading. Seconded by Mr. Onishi. CHR KANUHA: Ms. Eoff, you have the floor. MS. EOFF: Thank you, Mr. Chair. Maybe Mr. Onishi would like to comment as well but, I know, this is just the funding ordinance for the resolution for the little fire ant control. CHR KANUHA: Thank you, Ms. Eoff. Mr. Onishi. MR. ONISHL I forget to mention Jason Armstrong, who is the one who wrote the application for the grant. So I want to thank him. Especially that with his hard work, we got this grant. Thank you. CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor, say "aye." The voice vote on Bill 19 was as follows: 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. Bill 19 moves to second reading. Mr. Clerk, order of the day, second and final reading, Bill 8. Page 29 Hawaii County Council -4 January 23, 2015 ORDER OF THE The Chair directed the Council to proceed to the next order of business, Order of DAY (SECOND OR the Day (Second or Final Reading). FINAL READING): ORDINANCE AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO BILL NO. 8 PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE (COMM. 41): FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Lower Puna Lava Response Projects — County project for $20 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 to repair, restore, rebuild, maintain, and/or improve infrastructure to protect public health and safety related to the June 27 Lava Flow. (Introduced by Ms. Eoff, passed First Reading on January 7, 2015.) Motion to Approve: Ms. Eoff moved for the passage of Bill 8 on second and final reading. Seconded by Ms. David. CHR KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I believe when Mr. Lee was here, he explained to us that we already spent $16 million on roads in preparation of the possible cutoff of Highway 130 and that we're hoping to get reimbursed by FEMA (Federal Emergency Management Agency). But we needed to appropriate this $20 million bond, just to take care of the costs associated with the roadwork. CHR KANUHA: Thank you, Ms. Eoff. Mr. Paleka. MR. PALEKA: Yes. I would just like to comment on Council Member Ragan and myself we did go out to public meetings and relate to our constituents in regards to that $20 million bond. CHR KANUHA: Danny, make sure that you speak in the microphone. MR. PALEKA: I'm going to be supporting this and just hope that everyone supports this. Thank you. Thank you, Mr. Chair. CHR KANUHA: Thank you, Mr. Paleka. Is there any other discussion? Hearing or seeing none, all in favor, say "aye." Page 30 Hawaii County Council -4 January 23, 2015 The voice vote on Bill 8 was as follows: 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 9. ORDINANCE AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF BILL NO. 9 THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A (COMM. 42): PORTION OF THE COSTS OF LOWER PUNA LAVA RESPONSE PUBLIC IMPROVEMENT PROJECTS AND HIGHWAY ROAD CONSTRUCTION/REPAIR PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $20 million in general obligation bonds for capital improvement projects associated with the Lower Puna Lava Response projects and for highway road construction/repair. (Introduced by Ms. Eoff; passed First Reading on January 7, 2015.) Motion to Approve: Ms. Eoff moved for the passage of Bill 9 on second and final reading. Seconded by Ms. David. CHR KANUHA: Ms. Eoff, you have the floor. MS. EOFF: I understand that this is the actual bill that authorizes the issuance of up to $20 million. CHR KANUHA: Thank you, Ms. Eoff Is there any other discussion? Mr. Eagan. MR. ILAGAN: I just wanted to ask the Council if it would be okay to put up a communication next time, explaining to the Council about what is going on with the Railroad, Government Beach Road, and Chain of Craters, regarding this funding that would be used, 25 percent of it, to pay and construct that? I was just wondering if that is of interest to the Council, if you would be interested in having that? CHR KANUHA: Sure. Page 31 Hawaii County Council -4 January 23, 2015 MS. WILLE: I have something coming up on the next agenda that would tie in to cover that. CHR KANUHA: Well, let's not talk about any future legislation before the Council. But, I think, Mr. Eagan has a valid point and hopefully we can see what comes up in the next Council meetings. Thank you, Mr. Eagan and thank you, Ms. Wille. Okay, any other discussion? Hearing or seeing none, all in favor, say aye. The voice vote on Bill 9 was as follows: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Bill 9 is approved. Motion is approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: COMM. 69: DEPARTMENT OF HEALTH, STATE OF HAWAII VS COUNTY OF HAWAII DOCKET NOS. 13-SHW-SWS-012 AND 14-SHW-SWS-003 From Deputy Corporation Counsel Amy G. Self, dated January 5, 2015, requesting an attorney-client confidential discussion to consult with the Council regarding a proposed settlement agreement related to the above -entitled Notices and Finding of Violations. Motion to Enter into Ms. Eoff moved to go into Executive Session in order to Executive Session: hold attorney-client privilege discussion regarding Communication 69, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Paleka. CHR KANUHA: Any discussion? Ms. Wille? MS. WILLE: I would like to know why we have to do it in executive session. CHR KANUHA: I think we can ask our Corporation Counsel. Page 32 Hawaii County Council -4 RECESS: RECONVENE January 23, 2015 MS. WILLE: Okay. I mean the numbers are all out there and generally public. (Note: At this time, Ms. Molly Stebbins, Corporation Counsel, came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha and members of the Hawaii County Council. Corporation Counsel, Molly Stebbins. Amy Self is the Deputy who is handling this matter and is on her way and can better address the question. But, we recommend any time there is a situation involving litigation and discussion of a settlement that it be done in executive session, so that you can freely consult and hear from the attorney advising you in the matter. MS. WILLE: But, you know, this is sort of athere's a lot of public information out there about what is going on and a great deal of concern. I'm not sure that we couldn't discuss the overall picture first. So at least the public understands why and what's going on and why we would be getting involved in looking at these negotiations or looking at the settlement. MS. STEBBINS: Maybe that could be done. I will defer to Amy Self and maybe the Council could take a brief recess and when she arrives, she can address that. MS. WILLE: Okay. MS. STEBBINS: Okay. CHR KANUHA: Any other discussion? But hearing from what has been discussed, I think we should wait for Ms. Self to get here obviously, so we'll take a brief recess Council Members. We're in recess. At 10:35 a.m. the Chair called for a recess to wait for Ms. Self to arrive. The meeting reconvened at 10:40 a.m. CHR KANUHA: Okay, we are coming out of recess. I think we had a question, Ms. Wille. MS. WILLE: Yes Amy, if you could come up? I asked for some explanation, so the public would know what's sort of a little bit of framework what is going on and that is something that we have tried to do, a little bit, when there is something to do with a settlement. In this case, pretty much no one knows what is happening and to give some kind of overview and you don't have to get into obviously the specifics of the proposed settlement. But I think it's appropriate, it's certainly on people's mind, and how the counties here can or whatever, the contractor, or whatever you can say to allow the public to be informed of what's happening. Page 33 Hawaii County Council -4 January 23, 2015 (Note: At this time, Ms. Amy Self, Deputy Corporation Counsel, came forward to address the members of the Council.) MS. SELF: Okay. Deputy Corporation Counsel, Amy Self. Well, the reason we need to go into executive session obviously, is because we're still in settlement negotiations with the Department of Health. Until a settlement is reached, and until it's signed, it is not public record and so we need to be able to discuss this, you need to be able to discuss this, freely with your attorney in executive session. The finds themselves, you are correct, it is public knowledge because the notices of violation, it was already written about in the paper. And so the settlement agreement, though, is something that needs to be discussed because we need your approval in order to settle. So, the details of the settlement need to be discussed in executive session. MS. WILLE: But could you just, when you are saying the settlement and the fines, what the fines are for. What is it that we're dealing with here? MS. SELF: Well, there were violations, this took place quite some time ago. The violations have already been corrected. But it's all in your materials. If you would like I could have the department explain to you about the violations. MS. WILLE: I think, the violations are public we can look them up on the internet. MS. SELF: Yeah they are public. MS. WILLE: So, I just felt before we go and discuss a settlement in executive session, just to say something so that the public knows what kind of violations, what this is all about. There is certainly a lot of public concern. MS. SELF: Well for instance, as I said, the violations have already been corrected and it was corrected quite some time ago, but one of the violations was the Pu`uanahulu Landfill, where there was scrap metal piled up and so they didn't have a permit to allow for the scrap metal being piled up. MS. WILLE: Could I bring either Greg or? (Note: At this time, Mr. Greg Goodale, Solid Waste Division Chief, came forward to address the members of the Council.) Page 34 Hawaii County Council -4 January 23, 2015 MR. GOODALL Good morning, Greg Goodale, Solid Waste Division Chief Yeah, I think I could probably go into what some of the circumstance. The Pu`uanahulu situation that Amy was discussing, we were in a situation where we were in between contracts with scrap metal removal and rather than having the scrap metal going into the landfill, because we didn't have a contract to be able to take the scrap metal, the metal is accumulating in a holding area at the Pu`uanahulu landfill waiting for the contract to get finalized. Once the contract got finalized, then all the scrap metal was removed from that location and taken to a scrap metal processing facility, through the normal contract process. But what DOH (Department of Health) essentially had the notice of violation was for storing that metal without having that permitted. MS. WILLE: Okay, I really appreciate your explaining that and if you could just quickly run through what the other situations were? MR. GOODALL Okay, so there was a situation at the Hilo landfill where the inspector felt that the County hadn't put adequate daily cover. The County is required to put six inches of daily cover or what they call alternative daily cover and we were in the situation where the alternative daily cover, which basically consist of tarps, weren't adequate. We had new tarps on order that were in transit to the County, but we hadn't received them yet. But the inspector felt that the ones that were being utilized weren't adequate and so essentially, Rhoda said that we were in violation of the daily cover. But as Amy has pointed out, all those things have been rectified, we've gotten the new tarps, we've put the adequate amount of cover material, so there is no existing condition, or as a matter of fact, all of these things were corrected, more or less, when the state brought them to our attention, that they felt like that was the status that we were in. MS. WILLE: Is that the methane one? MR. GOODALL There was a circumstance where we had equipment that was not functioning properly during a groundwater monitoring event and, actually, it was our consultant that made the decision not to conduct the gas monitoring. And just let me make this clear, we have never ever had landfill gas show up in any sampling around at the Hilo landfill in the history that we have conducted the monitoring, which has been decades, and we have never had any violation of groundwater monitoring standards. Again, it doesn't excuse missing the round, it is part of the obligation that we have is to do those rounds. We've essentially corrected that with our consultant making it clear that under no circumstance do we miss an event due to equipment. We'll get the equipment in any which way we need to make sure that the sampling events occur. MS. WILLE: Was there one more? Page 35 Hawaii County Council -4 January 23, 2015 MR. GOODALL There were tires that apparently the inspector, at the time, saw come in. We have people that illegally dump tires into loads that come in from all over the County. And we have our operators at the landfills that are there to not only watch for the tires, but for any other kinds of things that shouldn't be coming into the landfill and apparently there was tires that were observed on that day. So the inspector, in addition to the cover material, wrote that on to his inspection record was the tires that were found. MS. WILLE: When I look up on the site, just their public site, it appears that— CHR KANUHA: Your light. Point of Order: MR. CHUNG: Do we have a motion on the floor? Do we have a motion to go into executive session? CHR KANUHA: Motion to go into executive session on the matter. MR. CHUNG: I was just wondering in this line of questioning is germane to that motion? I will tell you right now, I tend to agree with Ms. Wille, I don't think an executive session is necessary, but I would like to dispense with the motion. MS. WILLE: Can I respond to that? CHR KANUHA: Yes, you may. MS. WILLE: So Aaron and others, you know, I'm not sure that all of what could be discussed needs to be done in executive session and I'm basically looking at what is in public, so the public understands what we are doing. All of this, I think, would have been said during the executive session, sort of giving us the context why the settlement. And I don't think this is apropos and I will stay within my time limit. MR. CHUNG: May I respond to that? CHR KANUHA: Yes. MR. CHUNG: Then I would ask Ms. Wille to frame a motion in that regard; for example, to have the department explain to us certain things until such time that it intrudes upon the confidentiality or that kind of stuff But, right now, all we have is a motion to go into executive session and I just think we're going too far afield. MS. WILLE: Okay. Page 36 Hawaii County Council -4 January 23, 2015 CHR KANUHA: Thank you, Mr. Chung. I agree with that line of reasoning. I think this specific item needs to be properly agendized for informational purposes with the community, but as we have on our agenda, the Communication 69, to go into executive session on the attorney-client privilege. I think that's the motion that we need to be talking about currently on why we need to go into executive session. But, I think, for discussion purposes as we're going into, that needs to be a whole separate item. But as far as we're going, the public knows why we're going into executive session and, I think, we need to move forward right now if we're going to move into executive session to discuss with our attorneys. MS. WILLE: Okay, I just want to respond to that. I'm just trying to sort out what can be done without going into executive session. And I think there has certainly been a lot of public concern, I think, the most recent time was Tim Rees in allowing the public to hear what is going on. It's an issue of concern. We're only going over sort of what is happening, not what is the settlement? We have many violations. CHR KANUHA: Thank you, Ms. Wille. I think the discussion purposes needs to focus on the executive session. Ms. Poindexter. MS. POINDEXTER: I agree that the motion is whether or not we're going into executive session and the question is after the executive session, then the discussion, would that be more appropriate for that to happen after we get out of executive session, during that time? CHR KANUHA: Well, let's just focus currently on the motion on the floor. Mr. Chung. MR. CHUNG: Speaking against the motion. I am kind of looking at what has been submitted to us and without divulging what is contained therein, it appears that an agreement has been struck between the County and the Department of Health and the Council's action is basically pro forma. That's what I gather from all of this, I could be wrong. So, I think, we don't need to go into an executive session and if something happens during the course of our open discussion, then certainly we can decide to go into an executive session at that point. But it really looks like everything is just really just set and all you need is the Council's approval to say okay. I really don't mind the questions that were coming out, I just want to stick with the program here. So I'm speaking against going into executive session. CHR KANUHA: Thank you, Mr. Chung. I think Mr. Paleka? Oh, Ms. Wille. MS. WILLE: Just that I agree with Mr. Chung. And if something comes up where we need to, we'll respond appropriately but this well anyway, I agree. CHR KANUHA: Okay, thank you. The motion on the floor is toMr. Clerk? Page 37 Hawaii County Council -4 January 23, 2015 MR. HENRICKS: If I could just make a recommendation. It appears that the Council is interested in going into this matter right now and then determining if executive session may be necessary? I believe it would be better to withdraw the motion, that way, you can preserve that opportunity as opposed to perhaps we don't know, but voting it down and then we might not be able to do that again so, you know, if that is the will of the Council to kind of start this process, and then determine during the process if it's necessary. It might be better to preserve that opportunity by withdrawing the motion. CHR KANUHA: Thank you. Really quickly, I would like to hear from our Corporation Counsel. MS. SELF: Well, the problem is that we need Council approval to settle anything, any matters over $10,000, so that's the predicament we're in. If you want to discuss this at all, then we need to go into executive session. If you propose to not go into executive session and not discuss it at all and just vote on it, then that's fine but we definitely need your approval; otherwise, we can't settle it. CHR KANUHA: Thank you, Mr. Eagan. I think you were next. MR. ILAGAN: Thank you, Mr. Chair. So, you are saying that any discussion you would prefer to have it in executive session? MS. SELF: With regards to the settlement agreement yes, because we're still in negotiations with the Department of Health and that is confidential until such time as we have signed off on an agreement. So that is what we need to discuss in executive session, is whether or not you guys want to approve this or if you want me to go back to the bargaining table and none of that can be discussed unless we are in executive session MR. ILAGAN: So I wanted to also ask, what could happen if we don't discuss it in executive session? MS. SELF: Well, I'm just saying that we need to get your approval. So you have to actually vote and sometimes it seems that you don't want to vote on things unless you have discussed it previously. So, I think, it would be safer to go into executive session in case you want to discuss the actual settlement agreement. MR. ILAGAN: Okay. I'm going to yield at this time and hear other Council Member's decisions. CHR KANUHA: Thank you, Mr. Eagan. Mr. Chung. Page 38 Hawaii County Council -4 January 23, 2015 MR. CHUNG: I guess, what's confusing to me and, again, I am going to read excerpts from this without really divulging the amounts. It says "after many months of negotiating, with DOH (Department of Health), we were able to convince them to ... " blah, blah, blah and then at the end it says, "Recommendation that the Council authorize the terms of the agreement." So it doesn't say the proposed agreement or allow us to continue negotiating, it seems that something has been put in place already and that is the only reason I'm saying let's just do it in open session. But if it is confidential and if it's going to jeopardize the negotiations, then by all means, we should go into an executive session. But I'm just reading what is submitted. MS. SELF: Those are the proposed terms. They have not been—nobody has signed the agreement yet. MR. CHUNG: Obviously, because you have to get authorization from this board first. But in concept have things been agreed upon and is it that all you need is the Council's approval to formalize this agreement or is there more to it than that? MS. SELF: Yes, we do need Council's approval because it's over $10,000. MR. CHUNG: Right. MS. SELF: So, nobody can sign the agreement until we have that approval from the Council. MR. CHUNG: Right but what I am asking is, sorry, is that all you need? So in other words, once we approve then it is good already or is there more to it than that? Bobby? (Note: At this time, Ms. Bobby Jean Leithead Todd, Environmental Management Director, came forward to address the members of the Council.) MS. SELF: Yes, she just mentioned, too, the Mayor has to also agree to it. MS. LEITHEAD TODD: Council Member Chung? MR. CHUNG: Yes. Page 39 Hawaii County Council -4 January 23, 2015 MS. LEITHEAD TODD: I am actually, at the moment, more concerned about how you have it on the agenda and whether we can discuss stuff if you don't go into executive session because it's agendized as an executive session. It's not on your regular agenda. So if you don't go into executive session, I'm not sure if the Sunshine Law allows you to treat this as a regular agenda item and just have the open discussion. It may mean that you would have to put it over to another meeting. And so, I think, after you come out of executive session you can then vote to agree, to not agree with the recommendation of Corporation Counsel. Once this goes to the Mayor and if he is willing to sign off on it, then it is public. But at any point, whether you folks disagree with the settlement or if the Mayor disagrees with the settlement, then it's not binding. MR. CHUNG: That's an interesting point that Bobby Jean brought up. But it just makes me believe that the way we have things set up puts us between a rock and a hard place because if you bring it up as a regular agenda item, then you have to disclose certain bits of information in the communication. I'm assuming that if that is case, you as a Corp. Counsel, at that time, can request an executive session. But if it comes up as a referral for an executive session, we have no choice but to go into an executive session or to hold it over at some point. So that is kind of weird to me but, I guess, what we can do then, I will support the executive session and hopefully after that is done, we can provide some information in public. Is that all right? MS. SELF: Well, you have to vote on it in the public anyway. MR. CHUNG: Right. MS. SELF: You can't vote in executive session. But the other thing, too, is the public has already been aware of this. This was in the newspaper, this didn't happen yesterday. This happened, when was it? MS. LEITHEAD TODD: The violations are the early part, I think, it was February of 2013. MS. SELF: Yes. MS. LEITHEAD TODD: We may have actually corrected the violations even before the actual order came on because we were in the process of doing that. And it's just that it takes a long time and we've had some back and forth and would like, perhaps, the opportunity to explain some of the verbiage and what it means. MR. CHUNG: You know, I still feel that everything contained here should be open to the public but, I guess, in deference to this kind of screwed up procedure that we have, I will vote in favor of the executive session and hopefully we can correct it at some point. Page 40 Hawaii County Council -4 January 23, 2015 MS. SELF: As far as I know, we would never put a settlement agreement that has not beenI mean we can't even sign the settlement agreement until we have your approval and have the Mayor's approval. So there is no way that we would put this on the regular agenda to begin with, because we cannot discuss them. MR. CHUNG: I'm fully aware of that, Amy. It's just that I'm wondering whether this is just pro forma or still in the process of negotiations, and whether it becoming public will jeopardize those negotiations, and it doesn't seem that way to me. But I could be wrong. MS. LEITHEAD TODD: We were in negotiations up until half an hour ago, Mr. Chung. We were just on the phone with Department of Health on some of the language. MR. CHUNG: So, it's not set then? MS. LEITHEAD TODD: If you go with this proposal then it will become set, but we would want to explain some of the negotiations that were going on until about half an hour ago, when Mr. Goodale was still speaking to the Department of Health. MS. SELF: Depending on what happened this morning, we were actually going to be discussing whether or not you would agree to a particular change to one of the terms. But that may not be necessary, but this is another one of the reasons why we need to go into executive session. CHR KANUHA: Thank you, Mr. Chung. Ms. Poindexter. MS. POINDEXTER: I agree that we should go into executive session because it's a settlement agreement that we got to discuss and, like you said, you were real clear, we cannot discuss settlement agreements in public because it's not public knowledge yet, and so it's just a given. Any settlement agreement we have to discuss about the settlement agreement in executive session. So, I am supporting going into executive session. CHR KANUHA: Thank you, real quickly. Ms. Wille, I will give you some latitude. Page 41 Hawaii County Council -4 January 23, 2015 MS. WILLE: Yes, real quickly. With regard to Council Member Chung's question and your response that this is referred for executive session. Until we vote on it, it's not referred to executive session, we vote on that. So that is not a done deal. It's not that it's done. I think that discussing what the violations are is not part of the settlement of getting it clear, so the public understands. And I don't think the way it's written up does provide very adequate information. You know, "Such and such violations number x and y and z." So question really is, then once we do discuss it and we come out and vote, are we then at liberty to say publicly what the settlement is and discuss those terms? CHR KANUHA: Not until the settlement agreement is signed. It has to also be approved by the Mayor. MS. WILLE: When does it come back to us so we can discuss it? Why can't we discuss what we have agreed to? MS. SELF: Because it's a settlement agreement. MS. WILLE: Okay. So at least what I was trying to do before, because I'm concerned this was the direction we were going, was to at least get out to the public what the violations are. MS. SELF: And we have done that. MS. WILLE: And why we're getting to the point of settling it. MS. SELF: And we answered your questions regarding the violations. The violations are not it's public knowledge. It was in the newspaper right after it happened. MS. WILLE: But it wasn't well -stated here. So I wanted it stated so that people who are watching this maybe don't have that information and don't all read the paper. I'm going to stop there and go ahead, but those were my concerns. CHR KANUHA: Thank you, Ms. Wille. Ms. David. Page 42 Hawaii County Council -4 January 23, 2015 MS. DAVID: Thank you, Ms. Self I really have a question and I understand what Council Member Chung is saying about the need. It seems this is already basically an agreement that has been reached, but my question is whatever we decide, whether we agree with Mr. Chung or not, in any settlement agreement or any matter that comes before the Council from now on, I think, what we are talking about here is how does it affect or impact personal litigation for personal injury? I know some of these violations are already public knowledge but what we are going to be deciding here, how does it impact things that are not necessarily public knowledge, since we're discussing executive session matters, like a personal injury issue that have to come to us, how would our procedures does this set a precedent in how we deal with future executive session matters? MS. SELF: This one is a little bit different because it's not like the normal litigation cases that come to you. MS. DAVID: That is what I am saying. MS. SELF: Right. MS. DAVID: I understand what Council Member Chung is saying and I'm just trying to find MS. SELF: But the reason that we had to bring it is because—it's the money issue. I don't know what you want to do and if only one of you says, well, it's already a done deal and we don't need to go into executive session. You don't know whether the whole Council or if enough Members will approve it and without your approval, I have no guidance on what you want me to do. If we go into executive session, if some of you express that you don't agree with the amount or whatever and you send me back to DOH to renegotiate, then at least I know what I'm looking at? What amount am I going to go for? But I have no direction unless you guys will tell me what you want to do. If you approve it, that is fine. But if you don't, that is what concerns me. There may be some of you who don't approve of the amount or some of the terms and so I need to hear that, so that I know what to do. It's not a done deal. Just because we have agreed in principle with DOH, that is all we have, and DOH is very aware. They gave us only ten days to sign this and I talked to the Deputy Attorney General and explained to her look, this is something that we have to get Council approval for and she totally understood that. So now we have until we get your approval to move forward with this. MS. DAVID: I understand. MS. SELF: So if you have a different way you want me to bring this up, just let me know. Page 43 Hawaii County Council -4 January 23, 2015 MS. DAVID: Thank you. I'm just trying to sort this through in my own mind, like Council Member Chung. And I really believe that it's the people's right to know, and I also support that Margaret. But I see we're here in a pickle. Thank you very much. CHR KANUHA: Thank you. Mr. Paleka. MR. PALEKA: I would like to reiterate what Margaret was bringing up because there are other interests for the public like how we can avoid, and we like to ask those questions to the Director, staying out of the scope of the settlement but being assured where we can reassure the public, that these violations won't occur again, or whose accountability. Those kind of interest and questions also need to be asked when dealing with the settlement, I believe. But if we are going to focus on the settlement itself, then yes we'll go into executive session. Thank you. CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi. MR. ONISHL Mr. Chung was first. CHR KANUHA: I'm going to cut off debate pretty soon so that we can vote off on this executive session. MR. ONISHL I just wanted to move forward and maybe at the next time when we have something like this, then hopefully the Chair and the Clerk's Office, you guys can I guess, you know, look at it more clearly and see if it can be posted on the agenda for more discussion. But for this one, I think, it's like a little bit too late, it's here. Either we go into executive session or we don't and that is the bottom line. So, I would like to call for the question. CHR KANUHA: Before I get a second, I just wanted to say I was going to cut off debate so we can vote on this matter. CHR KANUHA: Mr. Clerk, there is a motion on the floor to go into executive session. So we'll do a roll call. The roll vote to enter into executive session was as follows: 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. We are now going into executive session. Page 44 Hawaii County Council -4 RECESS: RECONVENE January 23, 2015 At 11:11 a.m. the Chair called for a recess to allow the Clerk to clear the room. The meeting reconvened at 11:40 a.m. CHR KANUHA: Can I ask for a motion to concur with the recommendations of Corporation Counsel? Motion to Concur: Ms. Poindexter moved to concur with the recommendation of Corporation Counsel regarding Comm. 69. Seconded by Ms. Wille. CHR KANUHA: Is there any discussion on the motion? Hearing or seeing none, all those in favor, say "aye." The voice vote was as follows: 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 very much. Motion is approved. OTHER The Chair directed the Council to proceed to the next order of business, Other BTTSTNRSS- Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MRNTS - Announcements. (There were none.) Page 45 Hawaii County Cuancil-4 January 23, 2015 ADJOURNMENT: There being no further business, at 11:42 a.m. Ms. David moved to adjourn the meeting. Seconded by Mr. Onishi and carried by the following voice vote: AYES: Council Members Chung, David, Eoff, (lagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. NOES: None. ABSENT: None, EXCUSED: None. CHR KANUHA: We are adjourned. 'thank you, Council Members. 60U 64LRK FY CL SM/smi Page 46