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HomeMy WebLinkAboutMIN COUNCIL 2015/05/19 2014-2016INVOCATION: CALL TO ORDFR ROLL CALL: HAWAII COUNTY COUNCIL 13th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 19, 2015 Pastor Dean Stanley of Kona Baptist Church gave the morning's invocation. The regular meeting of the Hawaii County Council was called to order at 9:05 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Kanuha, Chair. Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S.Y. Chung, Member (came in later) Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Danny Paleka, Member (via videoconference from Hilo, came in later) Ms. Margaret Wille, Member Absent & Excused: Mr. Dennis "Fresh" Onishi, Member MR. HENRICKS: Chair Kanuha, you have seven members present at the time. CHR KANUHA: Thank you very much. I did get a memo from Council Member Onishi. He won't be able to attend this meeting today as he is at the Western Interstate Region Conference on Kauai. He is one of the Board Members for the National Association of Counties Board of Directors, so he's currently attending that meeting. Also, we have Council Member Paleka that is videoconferencing from Hilo and he is also going to be heading to Western Interstate Region Conference this afternoon so he needs to fly out of Hilo in the afternoon. He is currently on the Board of Directors for the Western Interstate Region, as well. So aloha, Danny, from Hilo. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Wille led the Council in the Pledge of Allegiance.) Hawaii County Council -13 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: APPROVAL OF MINUTES: Change Order of Business: May 19, 2015 The Chair directed the Council to proceed to the next order of business, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. (There were none.) The Chair directed the Council to proceed to the next order of business, Statements from the Public on Agenda Items. (The following individuals registered to speak, and came forward when called by the Chair): W. Mapuana Waipa: (representing Keaukaha Community Association) Elizabeth Lee: Reginald Lee: Res. 188-15 (Comm. 301), in support. Bill 48 (Comm. 284), in support. Bill 48 (Comm. 284), in support. CHR KANUHA: Mahalo for your testimony. Okay, I'm going to ask again if there's anybody else wishing to testify please let me know now. Hearing or seeing none, okay, I will move on. The Chair directed the Council to proceed to the next order of business, Approval of Minutes. (There were none.) CHR KANUHA: Oh, you know what? Let me go first to Mr. Clerk. Bill 38, real quickly. As directed by the Chair and with no objection from the Council Members, the following item was taken out of order: Page 2 Hawaii County Council -13 May 19, 2015 Bill 38: AMENDS ORDINANCE NO. 08-115, WHICH AMENDED ORDINANCE NO. 93-36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 20 ACRES (A -20a), AGRICULTURAL — 10 ACRES (A -10a), AND AGRICULTURAL — 3 ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL — 1 ACRE (RA -la) AT KUKUAU 1sT, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-4-082:001-56,58-61 (FORMERLY 2-4-008: PORTIONS OF 014 AND 026) (Applicant: Moaniala Holdings, LLC) (Area: 171.84 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to Change of Zone Ordinance No. 08-115, which would: 1) Modify the timing of water commitment payments; 2) Grant a time extension to secure Final Subdivision Approval; 3) Modify road construction requirements for Kawailani Street and Kupulau Street extensions; and 4) Update Fair Share Contribution rates, including considerations for potential changes to credits associated with roadway improvements. Reference: Comm. 232 Intr. by: Mr. Ilagan (B/R) First Reading: May 6, 2015 Motion to Approve: Mr. Ilagan moved to pass Bill 38 on second and final reading. Seconded by Ms. David. CHR KANUHA: Any discussion? Hearing or seeingoh, Mr. Ilagan. MR. IL,AGAN: Thank you, Mr. Chair. I move to suspend the rules for voice vote regarding CHR KANUHA: No need suspend. We can. MR. IL,AGAN: No need? CHR KANUHA: Yeah. MR. IL,AGAN: Okay, thanks. CHR KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 3 Hawaii County Council -13 May 19, 2015 Vote on Bill 38: The motion to pass Bill 38 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Okay, Mr. Clerk, we can go to the top. Return to Order The Chair directed the Council to return to the order of business. ni R11 Q1YlPQQ COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. CHR KANUHA: Communication 293. Comm. 293: NOMINATION OF STEPHEN D. LOPEZ TO THE LIQUOR COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PSMTC Motion to Approve: Ms. Eoff moved to confirm the appointment of Mr. Stephen D. Lopez to the Liquor Commission. Seconded by Ms. David. (Note: At this time, Executive Assistant to the Mayor Charmaine Shigemura and Nominee Stephen Lopez came forward to address the members of the Council.) CHR KANUHA: Ms. Eoff, discussion? MS. EOFF: Okay. Char in Hilo? CHR KANUHA: Oh, sorry. Did you want Char? Yeah. MS. EOFF: There she is. MS. SHIGEMURA: Do we have Mr. Lopez there in Kona? MS. EOFF: He's going to come up to the table. Page 4 Hawaii County Council -13 May 19, 2015 MS. SHIGEMURA: Okay, great. Good morning, Chair and members of the Council. Mayor Kenoi's nominee, from Council District 8 to the Hawaii County Liquor Commission, is Mr. Stephen D. Lopez. He's a 17 -year resident of Hawaii. He retired in 2007 from Hewlett Packard Company, Inc., where he was a Project Manager/Process Improvement Consultant. He also worked as a Legislative Research Specialist for former Councilman Angel Pilago. Mr. Lopez is the State Deputy for the Hawaii Knights of Columbus. He's a Transition Director for the Lavaman Triathlon, a Timing Director for the Ironman World Championship, and a Special Olympics coach. He states that he's not affiliated with any political party and, if confirmed, he will serve a term that ends on December 31, 2018. He's filling a term that has been vacant since December 31, 2013. MS. EOFF: Mr. Lopez, would you like to say a few words? Introduce yourself to us. MR. LOPEZ: Okay, thank you. Steve Lopez. Good morning, Chair Kanuha, Council Members. All of a sudden I drew a blank. You all know me more as my Hawaiian gifted name "Kavena." I'm happy to be here. I've missed working with the legislature and interfacing with the public, and I think that the Liquor Commission affords me that opportunity to get back into the mix with County ordinances and interface with the public, which I enjoy very much. MS. EOFF: Thank you. Yes, I've missed working with you, too. And I think it's good to see that you're going back to doing community services and working with the County government in this capacity. So I support your nomination and urge my Council Members to do so, as well. CHR KANUHA: Thank you, Ms. Eoff. Ms. David. MS. DAVID: Aloha, Mr. Lopez. MR. LOPEZ: Aloha. MS. DAVID: That sounds weird. Mr. Lopez. MR. LOPEZ: It does. MS. DAVID: But anyway, congratulations. And I want to say that I totally support your nomination. The years that I have worked with you, you've proven to be very professional, and dedicated values that you have will do well in this appointment to the Liquor Commission. And, I wish you the best. MR. LOPEZ: Mahalo. Page 5 Hawaii County Council -13 May 19, 2015 MS. DAVID: Mahalo. CHR KANUHA: Thank you, Ms. David. Ms. Poindexter. MS. POINDEXTER: Yeah, I'd also like to say thank you for your willingness to serve, and that I think you are such a valuable asset for them to have on that commission. So, thank you very much. MR. LOPEZ: Mahalo. CHR KANUHA: Thank you. Ms. Wille. MS. WIL,LE: Yeah, congratulations and thanks for willingness to serve. I wondered what else you're doing, and I'll tell you why I'm asking before you answer. MR. LOPEZ: What else I'm doing? MS. WIL,LE: What else? I just, I mean, well I'm just looking for some additional volunteer support. Now that you've retired, and I don't know how much time this commission is going to take, but perhaps after you see how demanding it is. I don't know whether you've gone on to another chapter of life and a new profession, or else I might try to impose on you to give me assistance on something I'm working on. MR. LOPEZ: Well, thank you, Ms. Wille. I appreciate that confidence. When I found—well, I actually retired in 2007 and then I came to the County because of my love for Angel Pilago and worked with him. It was a gratifying experience, four years and nine months with the County. Once I was not reappointed in December, I kind of embraced retirement, actually, and found that so many retirees have said, "I don't know how I ever found time to work with all of the things that I'm doing." So I'm in my second year, just re-elected as the CEO (Chief Executive Officer) of the Hawaii State Knights of Columbus, so I traveled the state; and it includes American Samoa, and I'll be working with that group in the second year. That keeps me quite busy. I also just started a second year of a new home that I have lived in for a year, so I've got landscaping, irrigation, plantings, and so on and so forth. And now the Liquor Commission seemed to be, it came open and seemed like a nice fit for me again, in terms of my interest for community service. So, it's always good to stretch. I enjoy being busy. My first passion is Knights of Columbus. And, I am very open to talking with you. Thank you. Page 6 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Thank you, Ms. Wille. I hope that's not a condition of your vote. Okay any other discussion, Council Members? Okay, I just wanted to say mahalo, Kavena, for coming back and volunteering your time. I know you did so much in the Legislature, in our department, and you're extremely competent to be back here again. So, mahalo for all of your service and for everything that you do in the community. MR. LOPEZ: Mahalo, Chair. Thank you. CHR KANUHA: All in favor of approving the nomination say "aye." Vote on Comm. 293: The motion to confirm the appointment of (Approved) Mr. Stephen D. Lopez to the Liquor Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Congratulations. MR. LOPEZ: Thank you. CHR KANUHA: We want to take like a one minute recess. Or, do you want to stay for a little so we can congratulate you afterwards, or you've got to go? We'll take a one minute recess and we'll congratulate you. Okay, recess. Recess: At 9:24 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:25 a.m. CHR KANUHA: Okay, we are coming out of recess. Mr. Clerk, Communication 294. Comm. 294: NOMINATION OF ROBERT A. BECKER TO THE FIRE COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PSMTC Page 7 Hawaii County Council -13 May 19, 2015 Motion to Approve: Mr. Paleka moved to confirm the appointment of Mr. Robert A. Becker to the Fire Commission. Seconded by Ms. David. (Note: At this time, Nominee Robert Becker came forward to address the members of the Council.) CHR KANUHA: Okay, Char, you can introduce your nominee. MS. SHIGEMURA: Okay. Mayor Kenoi's nominee, from Council District 6 to the County of Hawaii Fire Commission is here with us in Hilo, Mr. Robert A. Becker. Mr. Becker has over 40 years of local, regional, national and international fire/emergency management experience. He's the current Deputy Team Leader of Volcano CERT (Community Emergency Response Team) and former member of the California State Firefighters Association, the Southern California Association of Forestry and Fire Wardens and their International Association of Wildland Fire. Mr. Becker states that he's not affiliated with any political party and, if confirmed, he will fill a vacant term that will expire on December 31st of 2018. CHR KANUHA: Thank you, Char. Discussion, Council Members? Ms. David. MS. DAVID: Aloha and good morning, Mr. Becker. Thank you very much for volunteering to serve on this commission. Based on your expertise and knowledge, I believe you will be a great asset to the Fire Commission, from District 6. So, congratulations and welcome. Thank you. MR. BECKER: Thank you very much. CHR KANUHA: Thank you, Ms. David. Mr. Becker, I just wanted to give you the opportunity to say a few words, if you would like. MR. BECKER: Thank you, Mr. Chairman, and good morning, everybody. Couple of months ago I read in the paper an article, where the Mayor stated that he was having the difficulty of getting the citizens to come forward to serve on the Commission and committees, and I thought with my background and my experience in the fire/emergency management that I would come forward, so I contacted Councilwoman David about the position. I think that all of us have a certain level of civic responsibility to be part of the community, if we can; and like I said, I think that I have the background and experience to be an asset to the Commission so that's why I came forward to volunteer. Page 8 Hawaii County Council -13 Vote on Comm. 294 (Approved) May 19, 2015 CHR KANUHA: Thank you very much for that. Any other discussion, Council Members? MR. PALEKA: If I may, Mr. Chair? CHR KANUHA: Okay. Mr. Paleka. MR. PALEKA: I'm certainly going to be supporting your nomination, Mr. Becker. Seeing your credentials and your, well, fire management and response management skills, I think we're very lucky to have you. And, I wish you all of the best. MR. BECKER: Thank you very much. CHR KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing or seeing none, all in favor say "aye." The motion to confirm the appointment of Mr. Robert A. Becker to the Fire Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Congratulations, Mr. Becker. MR. BECKER: Thank you very much, Mr. Chair and Council. CHR KANUHA: Okay. Mr. Clerk, Communication 295. Comm. 295: NOMINATION OF KANOE A. WILSON TO THE WATER BOARD From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Motion to Approve: Ms. Poindexter moved to confirm the appointment of Ms. Kanoe A. Wilson to the Water Board. Seconded by Ms. David. (Note: At this time, Nominee Kanoe Wilson came forward to address the members of the Council.) Page 9 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Char, you can introduce your next nominee. MS. SHIGEMURA: Mayor Kenoi's nominee, from the Council District 5 to the County of Hawaii Water Board, is Ms. Kanoe A. Wilson. She's a lifelong resident of Hawaii, presently an Education Officer of Kamehameha Schools -Hawaii. Ms. Wilson is a member of the Keaukaha Community Foundation and the Na Maka O Papahanaumokuakea. She's a past member of the Keaukaha Community Association and the Ka `Umeke Ka`eo School Board. Ms. Wilson states that she is not affiliated with any political party and, if confirmed, she will serve a term to end December, 31" of 2018. She replaces Delan Perry whose term ended on December 31st of 2013. CHR KANUHA: Mahalo, Char. I'm going to open it up to you, Kanoe. Aloha, Kanoe, and I'll let you have a few words. MS. WILSON: Aloha, Chairman Kanuha and County Council Members. My name is Kanoe Suganuma Wilson, born and raised here in Hilo Hawaii. I'm honored to be here before you folks to represent my district. It's always been my passion to be a servant leader for my community, and found that this is a great opportunity to be very actively engaged in leadership and helping to serve my community. So, mahalo nui. CHR KANUHA: Mahalo, Kanoe. I'm going to open it up to the Council Members. Any discussion, Council Members? Okay, I just wanted to say I'm extremely happy that you're going to be on this commission. I know you do a lot in the community. I've worked with you in the past, and really glad you're volunteering to be part of this commission. I know you'll do an awesome job. We're dealing with a lot of issues, especially here in Kona. So, I hope you get the background. I know you know a lot about what's going on with the Keauhou Aquifer, so definitely, heavily, read up upon that and, if you haven't, not already done so. So thanks, Kanoe, and looking forward to seeing you serve. MS. WILSON: Mahalo nui, Chair Kanuha. CHR KANUHA: Okay. Any other discussion, Council Members? Hearing or seeing none, all in favor say "aye." Page 10 Hawaii County Council -13 Vote on Comm. 295 (Approved) May 19, 2015 The motion to confirm the appointment of Ms. Kanoe A. Wilson to the Water Board was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Again, we wish we could be there, Kanoe. But, congratulations. Okay, Mr. Clerk, Communication 296. Comm. 296: NOMINATION OF RYAN N. KOHATSU TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: AWESC Motion to Approve: Ms. David moved to confirm the appointment of Mr. Ryan N. Kohatsu to the Game Management Advisory Commission. Seconded by Ms. Poindexter. (Note: At this time, Nominee Ryan Kohatsu came forward to address the members of the Council.) CHR KANUHA: Char? Aloha, Char. You can introduce your nominee. MS. SHIGEMURA: Okay, Mayor Kenoi's nominee, from the Council District 3 to the County of Hawaii Game Management Advisory Commission, is Mr. Ryan N. Kohatsu. He is a lifelong resident of Hawaii and a Resource Planner at the Electric Light Company. Mr. Kohatsu is a volunteer DLNR (Department of Land and Natural Resource) hunter education instructor. He states that he's not affiliated with any political party and, if confirmed, he'll serve a term to end on December 31st of 2019, replacing Anthony Sylvester who resigned. CHR KANUHA: Mahalo, Char. Mr. Kohatsu, if you'd like to say a few words before we open it up for discussion. MR. KOHATSU: Okay, yeah. Aloha, Chair Kanuha and the County Council. Thank you very much for this opportunity to represent my district and replacing Tony Sylvester's position. Page 11 Hawaii County Council -13 May 19, 2015 I'd like to just share that being a Hunter Education instructor on this island I see that the hunting and fishing is a very integral part on the lifestyle of the County of Hawaii, maybe, perhaps more than our capitol Island of Oahu. And I think it's important that we maintain those things for our children. I see the youth in our classes all the time, and I see dwindling resources of hunting and fishing, as well, and I feel that it is my civic duty to help maintain those things, and I hope to serve that and to do that well. Thank you very much. CHR KANUHA: Mahalo for that. I'll open it up to Council Members for discussion. Any discussion? Okay I'd just would like to say mahalo for volunteering, and look forward to working with you on this commission. So, all in favor of the approval nomination say "aye." Vote on Comm. 296: The motion to confirm the appointment of Mr. Ryan N. Kohatsu (Approved) to the Game Management Advisory Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Congratulations, Mr. Kohatsu. MR. KOHATSU: Okay, thank you. CHR KANUHA: Okay. Mr. Clerk, next on the agenda, Communication 297. Comm. 297: NOMINATION OF ARTHUR F. BUCKMAN TO THE POLICE COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PSMTC Motion to Approve: Mr. Paleka moved to confirm the appointment of Mr. Arthur F. Buckman to the Police Commission. Seconded by Ms. David. (Note: At this time, Nominee Arthur F. Buckman came forward to address the members of the Council.) CHR KANUHA: Char? Page 12 Hawaii County Council -13 May 19, 2015 MS. SHIGEMURA: Mayor Kenoi's nominee, from Council District 5 to the County of Hawaii Police Commission, is Mr. Arthur F. Buckman. He's a 30 -year resident of Hawaii, a Department of Defense retiree, and is presently self-employed as an Orchid Hybridizer. Is that right, Hybridizer? Hybridizer. Mr. Buckman is a former member of the State Invasive Species Rapid Response Team, former Chair of the Sierra Club Toxic Waste Committee, past board member of Lyon Arboretum, and past board member and officer of various orchid societies. He states that he's not affiliated with any political party and, if confirmed, he'll fill a vacant term to end on December 31st of 2018. CHR KANUHA: Mahalo, Char. Aloha, Mr. Buckman. Would you like to say a few words before we open it up to Council? MR. BUCKMAN: Yes, I'd like to start off by saying aloha and good morning, all. As you heard, I am a 30 -year resident of Hawaii. I escaped from New Jersey in 1985, and I re -escaped and relocated from Oahu to Hilo approximately five years ago. I started my government career as a Chief of Land Management for the Army and that included volunteering and running the Local Conservation Officer program. Since leaving New Jersey, I rose to the Command level, where all of the conservation programs for natural and cultural resources in the Pacific came under me for both the Air Force and the Army. I took a fairly early retirement in 2009 to take care of my mother. At that point, most of my volunteering had ended. I'm now available to start using my brain again, although there's a lot to be said for all of those reruns of "Golden Girls" I watched with mom. I look forward to being of any assistance I can. I have a personal interest in Military Conservation Officer and police security folks and their families. I see a lot of hardships, especially when the spouse deploys. I've worked with those folks and with adjacent municipalities on occasion. And, I look forward to any use you folks can put me to. Thank you CHR KANUHA: Mahalo, Mr. Buckman. Council Members, discussion? MR. PALEKA: If I may? CHR KANUHA: Yes, Mr. Paleka. MR. PALEKA: You know, I'm so happy for Mr. Buckman. I've known him personally for a long time. He lives in my district. But I—he's being very humble. Mr. Buckman oversaw a lot of—he was responsible for working with the late, great, Senator Inouye in developing the Brown Tree Snake programs, that Page 13 Hawaii County Council -13 May 19, 2015 to this day have kept—and, thank goodness, the brown tree snakes are out of our islands. I know he's a conscientious man. I know he lost his mom recently. But I think he's a very good -fit, well-qualified, very adopted policies and procedures, especially with law enforcement and military service. I think that he's going to be a very good asset to our Police Commission, and I just wanted to wish him all of the best. Thank you, Art, for serving and volunteering. MR. BUCKMAN: You're welcome. CHR KANUHA: Thank you, Mr. Paleka. Any other discussion? Okay hearing or seeing none, all in favor say "aye." Vote on Comm. 297: The motion to confirm the appointment of Mr. Arthur F. Buckman (Approved) to the Police Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Onishi – 1. Excused: None. CHR KANUHA: Motion passes. Congratulations, Mr. Buckman. MR. BUCKMAN: Thank you, Mr. Chairman. CHR KANUHA: Okay, Mr. Clerk, Communication 305. Comm. 305: NOMINATION OF KEITH F. UNGER TO THE LEEWARD PLANNING COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. Keith F. Unger to the Leeward Planning Commission. Seconded by Ms. David. (Note: At this time, Nominee Keith F. Unger came forward to address the members of the Council.) CHR KANUHA: Char, you can open it up. Page 14 Hawaii County Council -13 May 19, 2015 MS. SHIGEMURA: Okay, is Mr. Unger in Kona today? CHR KANUHA: Yes, he is. MS. SHIGEMURA: Okay. Mayor Kenoi's nominee, from the South Kona District, to the Hawaii County Leeward Planning Commission is Mr. Keith F. Unger. He's a lifetime resident of Hawaii, the General Manager of McCandless Land & Cattle Co., LLC. Mr. Unger is a member of the Hawaii Burial Council, a board member of the Kona Soil and Water Conservation District, the chair of the Land Issues Committee of the Hawaii State Cattlemens Council, and an advisor to the Hawaii Island Land Trust. He states that he is not affiliated with any political party. Mr. Unger was previously confirmed to this commission in May 2014, to fill a term that expired on March 31" of this year. Hawaii County Charter Section 13-4 (c) states that "members of any board or commission reported for a term of two years or less shall be eligible to succeed themselves for an additional full term." With his confirmation today, Mr. Unger is eligible to serve a full term of five years that will end on March 31st of 2020. CHR KANUHA: Thank you, Char. Aloha, Keith; if would you like to say a few words, before we open it up. Make sure that you turn on the microphone. There's a bottom panel. Is it on? Yeah. MR. UNGER: Aloha kakahiaka kako, Mr. Chairman, members of the Council. Thank you for this opportunity to continue as a commissioner on the Leeward Planning Commission. As General Manager of a ranch in South Kona, I bring an agricultural and an environmental perspective to the commission. As a business owner in Kailua-Kona, I have that perspective, as well. And, I look forward to continuing as a commissioner on the Planning Commission. Thank you. CHR KANUHA: Mahalo. Discussion, Council Members? Ms. Wille. MS. WIL,LE: Thank you, Mr. Unger, for continuing your service. And I appreciate your support for environmental issues. I realize here, a large landowner and cattle person, but I also see that you've been involved in a number of environmental issues. And I said that, really, just looking, hoping for people to be on that commission to have, some of them to have some background in environmental. I see that you have been involved in the Carbon Offset program, and is that the Eco System Restoration Association? MR. UNGER: It's not with that particular group. I am working with a new forest, out of San Francisco. And, we are looking at a carbon project on Page 15 Hawaii County Council -13 May 19, 2015 McCandless Ranch. It is a pioneer project. Hawaii is behind the time when it comes to carbon market. It's active in California right now. The gentleman and the company that I'm working with now is in the California market. And we are working with Nature Conservancy, State of Hawaii, and McCandless as a candidate, to bring Hawaii into that market. It has to do with—it's a science based project, as you know. The trees in California are a lot more studied and well-known as far as their growth and carbon emissions in Hawaii. We have 6hi`a and koas as our main canopy, so studies are ongoing right now, as far as what are their co -efficient, what are their growth numbers? And it's an intense process, and we have been at it for probably three years now, and I get updated, probably every six months. But I think there's enough support here. The State is on board, Nature Controversy is on board, we're a candidate; so really, the three of us are pushing that process. MS. WIL,LE: Right. And just for the public's benefit, so my interest is, is the landowner with a large forest and how could one at the same time have a business and make some, you know, promote that so that it's not—the only way to make money is to cut them down? So that by doing this offset program, it allows them to preserve their native forest and at least get some economical benefit from it. MR. LINGER: Absolutely. MS. WIL,LE: Not by little bit of knowledge. MR. LINGER: Absolutely. And that all, it's all part of the ecosystem's services. Trying to value these: everybody wants fresh water, everybody wants view planes, and everybody wants clean air. The problem is for the public, when it comes time to pay for it, they have a hard time quantifying it. And so Eco System's services is a way of actually quantifying what is the value of fresh air, what is the value of filtered water, what is the value of a view plane? And what's interesting about—so that's a difficult process. But what the carbon process is doing, that's actually quantifying. What is the value of clean air through sequestering? So it's kind of an exciting process, and we are glad to be part of it. MS. WIL,LE: Okay, well I'm glad to hear that. I also noticed that you spent time on endangered species, or crows (`alald), and having had a pet crow "Frank" for many years, "Mark" for a number of years. Anyway, I just always have an affinity for the crows and the crows here. So, thank you for your environmental. MR. LINGER: You're welcome. I would caution anybody talking about endangered crows on the mainland. People will look at you like you're absolutely crazy. But the fact is we have an incredibly unique species over here, the "alald. I am on the `Alala Recovery Team, and we're working—and DLNR (Department Page 16 Hawaii County Council -13 May 19, 2015 of Land and Natural Resources) is in the processI don't know if you are familiar, but DLNR is in the process of their first release in the Ka`u forest. In 2016, funding has just been made available. So I think that we are going to have the first release, since 2008, which occurred on the McCandless Ranch. MS. WIL,LE: Okay, great. Thank you very much. MR. UNGER: You're welcome. CHR KANUHA: Thank you, Ms. Wille. Ms. David. MS. DAVID: Aloha, Mr. Unger. MR. UNGER: Aloha, Councilwoman. MS. DAVID: I'm very happy that you have decided to continue your service. I'm especially happy of your broad range of involvement in the Mayoral Council., the environment, as Ms. Wille has stated, and just being in the ranching and ag industry for years. McCandless family has been in that industry for years. So I believe that your other involvements in different areas is what I support for members on any commission, to have a wide variety of experiences as much as possible, like you have. So, I'm very grateful that you are staying on and I will support your nomination gladly. Mahalo. MR. UNGER: Thank you. Mahalo. CHR KANUHA: Thank you. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Thank you, Mr. Unger, for your willingness for serve. I know that the Planning Commission is one of the more time intensive commissions to serve on. There's a lot of background reports and studying that you have to do. But I`ve watched several Planning Commission meetings, and I've appreciated your work. One thing I just would like to ask at this time, because I think we've been missing the opportunity to really connect the goals of the CDP (Community Development Plans) Action Committee with the Planning Commission decisions; so that by the time somethings come to the Council, we would have a more full picture and I'm not sure how you could assist us in that. But I've been trying to figure out how the relationship actually could be made stronger so there's a little bit more of a consistent pattern of discussion between all three of these agencies, so if you have any ideas on that? You could say something now. I just wanted to put that out there. Page 17 Hawaii County Council -13 May 19, 2015 MR. UNGER: Right. I think that we've talked about that after several meetings, and it's a great point. I mean we all have to be working on the same agenda. The Community Development Plan, for me as a commissioner on the Planning Commissioner right now, is a great tool because it gives us all direction; and so I certainly support using that as a first and foremost tool in guiding these decisions that we as a community are making. Absolutely. MS. EOFF: Thank you. CHR KANUHA: Thank you, Ms. Eoff. Any other discussion? Just real quickly. I fully support your nomination. As Ms. Eoff said, like for myself, I want to speak for myself, I rely heavily upon your guys' recommendations. I go to a lot of your meetings. We deal a lot with rezoning, so it's really important that I know exactly what happened during the Planning Commission, and just understand that what you guys do is very vital and very important for what we do as a Council. So, just mahalo for all of your hard work. I just wanted to give you a real quick opportunity to say a few words. Just kind of explain, how has the last two years has gone on the Planning Commission? MR. UNGER: I've only been on it for probably four months. CHR KANUHA: Okay. MR. UNGER: Yeah. CHR KANUHA: The last four months? MR. UNGER: Yeah, four months. It has been interesting. It's been a learning experience, and it's been good. I mean, there are, I guess in a step-down mode we rely a lot on the Planning Department's reports and recommendations. But I'm a firm believer in reading those reports, reading the recommendations, and then really taking a look at the situation and coming up with my own opinion as far as what exactly is happening, and being able to voice that opinion. So I think that the Planning Department is a really great—and they're supportive. You know, I have come out in opposition to one of the recommendations and it was very businesslike. So, it is a process. As a community member, it's an important process, not only dealing with the community but then with you all as a Council. We're right in the middle of it. So, I definitely understand the importance of this position and look forward to continuing, you know, applying whatever mana` o I can to the process. CHR KANUHA: Thanks for that. Any other discussion? Okay hearing or seeing none, all in favor say "aye." Page 18 Hawaii County Council -13 May 19, 2015 Vote on Comm. 305: The motion to confirm the appointment of Mr. Keith F. Unger (Approved) to the Leeward Planning Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Congratulations. MR. UNGER: Great. Thank you. CHR KANUHA: Can we just shake your hand real quickly to congratulate you? We'll take a brief recess. Recess: At 9:50 am., the Chair called for a recess. Reconvene: The meeting reconvened at 9:51 a.m. CHR KANUHA: Okay, we are coming out of recess. The motion passed, and now we're on Communication 306. Comm. 306: NOMINATION OF JAMES G. FRITZ TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: EMC Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. James G. Fritz to the Environmental Management Commission. Seconded by Ms. Eoff. (Note: At this time, Nominee James Fritz came forward to address the members of the Council.) CHR KANUHA: Aloha, Char. MS. SHIGEMURA: Aloha. Is Mr. Fritz in Kona? CHR KANUHA: Yes, he is. Page 19 Hawaii County Council -13 May 19, 2015 MS. SHIGEMURA: Oh, he is. Because we didn't know if he was going to be there or not, we've tried to get in touch with him. Mayor Kenoi's nomination, from Council District 9 to the County of Hawaii Environmental Management Commission, is Mr. James G. Fritz. He's a 30 -year resident of Hawaii; and a self-employed roofing contractor, the owner of Kohala Roofing. Mr. Fritz is the past president of the Rotary Club of North Hawaii. He's a volunteer fireman, and a board member of the Kawaihae YMCA (Young Men's Christian Association) Sailing School. Mr. Fritz states that he is not affiliated with any political party and, if confirmed, he will serve a term to expire on December 31st of 2019. CHR KANUHA: Mahalo, Char. Mr. Fritz, if you would like to introduce yourself and say a few words. MR. FRITZ: Aloha and good morning to you all. I'm touched by what a big deal you're making out of becoming a commissioner. I had no idea. It's kind of unsung position. But thinking about what to say and listening to all of these other people who'll be serving as Commissioners, particularly with solid waste, is whatever they want to say. It never goes away. And being a user of our waste process daily, as a contractor here on the island I just want to know more about it and I want to get more involved. And I'm hoping that I can make a difference to hopefully see that these products are a resource and not something to just be covered up and thrown away. Do you have any questions for me? CHR KANUHA: Mahalo. I am going to open it up to—Ms. Wille. MS. WIL,LE: Okay, yeah. Thank you, James, for volunteering. And I'm really glad to get someone, additional person on this commission because out of the past three months they've only been able to meet once because of the quorum issue. And we are at a challenging time, sort of moving forward, as you said towards how do we make solid waste really a resource? And I think one of the challenging areas does have to do with construction. I think California is leading the way. Someone from Southern California called and said that they're now, with all of their demolition and contracts, they're able to recycle a great deal of that; something like 90 percent, sorting out what is really hazardous. So I really look forward to you being there and helping us work through these different way -streams and how can we make the world a better place; at the same time, keep it in an efficient system. Page 20 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Thank you, Ms. Wille. Any other? Mr. Eagan. MR. IL,AGAN: Thank you, Mr. Chair. Mr. Fritz, this is a very important commission that, I feel, regarding all of the commissions in the County of Hawaii. One of the question is I was hoping you could investigate, while you are on this commission, is how long do we have until we have to close that landfill in Hilo? That's always been the question, and I don't really know myself. If you can find out and provide an answer for us or provide an answer for me, that will be great. Thank you. MR. FRITZ: Yeah. I've lived on three different islands here in the State, and it's the same process, you know, throw it in a hole and cover it up. So, my initial reaction to your question is minutes. You know, we don't have that long so we really need to be looking at other resources to deal with it. So, thank you for your concern. CHR KANUHA: Thank you, Mr. Ilagan. Any other discussions? Just real quickly, I look forward to working with you on your commission. I'm glad more members are being nominated to this commission. As Ms. Wille said, they haven't been able to meet in, I don't know how long, and we keep on returning, we keep on getting the bills back to us with the negative recommendation because the commission hasn't been able to meet. So I'm glad you're going to be on this commission, and hopefully you can dedicate that time to going to the meetings. I know it's a real problem. It is a volunteer. These are all volunteer commissions so it's really difficult for everybody to get there; but as Mr. Eagan said, it is a really important commission. We have been working extremely hard with the administration about all of the issues that we are dealing with. So I'm looking forward to seeing you serve. And mahalo for volunteering. MR. FRITZ: Thank you. Yeah, I'm committed. CHR KANUHA: Awesome. Awesome to hear that. Okay, Council Members, all in favor of the nomination of Mr. Fritz say "aye." Vote on Comm. 306: The motion to confirm the appointment of Mr. James G. Fritz (Approved) to the Environmental Management Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. Page 21 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Motion passes. Congratulations. If we could just shake your hand real quickly? I won't go into a recess. I will take a recess. Brief recess. Recess: At 9:57 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:00 a.m. CHR KANUHA: Okay, we're coming out of recess. And mahalo for being patient with us. Okay, Mr. Clerk, Communication 307. Comm. 307: NOMINATION OF LENINGRAD ELARIONOFF TO THE WATER BOARD From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. Leningrad Elarionoff to the Water Board. Seconded by Ms. Poindexter. CHR KANUHA: Char, you can introduce your nominee, please. MS. SHIGEMURA: I think Mr. Elarionoff is there in Kona. I believe I seen him. CHR KANUHA: Yes, he's here. MS. SHIGEMURA: Okay. Mayor Kenoi's nominee, from the Council District 9 to the County of Hawaii Water Board, is Mr. Leningrad Elarionoff. He's a lifelong resident of Hawaii. He was a member of the Hawaii County Police Department from 1965 to 1994, and from 1998 to 2004. Mr. Elarionoff also served on the Hawaii County Council. He's a cultural advisor for the Pohakuloa Training Area, and he states he's not affiliated with any political party. If confirmed, he will serve a term to end on December 31st of 2019. CHR KANUHA: Mahalo, Char. Mr. Elarionoff, would you like to say a few words please, and introduce yourself. Make sure the microphone is on, though. (Note: At this time, Nominee Leningrad Elarionoff came forward to address the members of the Council.) MR. ELARIONOFF: Okay, my name is Leningrad Elarionoff I wish you aloha kakahiaka. I'd like to explain what it means first because it so often misunderstood. Aloha is combined with two words. It draws a picture, alo and ha. Alo is one person facing the other, so I'm facing you; that's alo. And ha is life or breath. So when you say aloha, I'm facing you with life. Kakahiaka, when Page 22 Hawaii County Council -13 May 19, 2015 Hawaiians used to eat poi, they all ate from the same bowl; and after they finished, they used their index finger and scraped the poi that hang on the side so it ends up in the middle. That's kahi. Aka is shadows. So when you say aloha kakahiaka, kakahiaka means when shadows are scraped away, like in the morning, so it does not mean good morning. It's just I facing you with good feelings, when the shadows are being scraped away. Okay, that's over. But I'm born and raised in Hawaii. Born and raised in Ka`u, actually. Grew up there. Went to college in the mainland, came back to Hawaii. Joined the Police Department, couldn't find a job any other district but Waimea so I moved to Waimea where my mother was from and I worked there till I retired. Now I work at the Waimea Nature Park and the Waimea Trails and Greenways. I work with both groups. And if you have never been to the Nature Park in Waimea, with the trails, you got to go see it, okay? CHR KANUHA: Mahalo. MR. ELARIONOFF: That's my commercial for today. CHR KANUHA: Ms. Wille. MS. WIL,LE: Okay, Leningrad, I have a quiz for you. How many different words in Hawaiian are there for the word rain? MR. ELARIONOFF: Rain? MS. WIL,LE: Yes, you told me this once, at the Outdoor Circle meeting. You discussed this. MR. ELARIONOFF: You know what, there's more than I know of. But ua is rain. And then there's different type of rain. MS. WIL,LE: Right. MR. ELARIONOFF: And the rain that we have in Waimea, uhiwai. That's a real fine, fine mist. That you stand there in a mist and you can almost breathe it in. It's so beautiful. And then you have your night dew, who is the kehau. Most people refer to it as kehaunani, which is my daughter's name, by the way, and it's beautiful dew drops. MS. WIL,LE: Okay, I think you pass. Anyway, I thought about that when I thought of you on the Water Commission, and how appropriate it is. I think, obviously you have a cultural background and appreciation. And how we work out our solutions and water issues, in a pono way, is certainly what we need you to help with. So I really appreciate that you're up for this. I know I've been Page 23 Hawaii County Council -13 May 19, 2015 knocking on the Mayor's door, get these commissions filled, so I'm really glad moving forward. I just want to underscore, he mentioned the Nature Park; that he has been a great asset and a great leader on that as well as for the Waimea Trails and Greenways, which we're still working on. Hopefully, we'll be established sooner than later. So, thank you. I urge your support. CHR KANUHA: Thank you, Ms. Wille. Ms. Poindexter. MS. POINDEXTER: Yeah, congratulations. And I'd like to say that I know that they will be very happy to have you, especially with your knowledge and experience being on the County Council. And I look forward to possibly even talking with you about the issues we're having with water in the Waipi`o area, at the Look -Out. Not having the County water accessible there and no fire hydrants for those people in that area, it is the second most visited spot here on Hawaii Island so I have concerns about water in that area. But, thank you and having that experience will be very valuable. Aloha. CHR KANUHA: Thank you. Ms. David. MS. DAVID: Aloha, Mr. Elarionoff, and good to see you again. I want to also congratulate you and aloha you for coming forward for this commission. I believe your cultural roots to this island, your experience as a police officer during a period of time that you have experienced growth that we have all had, from the 60's through the present. What I'm excited about is that you know the importance and the value of water in our cultural aspect and how it relates to now, and I really think that's a valuable trait to have. I congratulate you, and I support your nomination. Aloha. MR. ELARIONOFF: Thank you, Ms. David. There's one thing I'm sure you understand, you know it, but the old folks named this area here as kahawai ole, saying there's no streams. And when we look mauka side, all the rain that's happening up there, and you live in the area that has no streams, it must have been fascinating for the people to say, "How come, where does the water go?" But they knew the water went underground and comes out in the ocean. CHR KANUHA: Mahalo. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Hey, good morning, Leningrad. MR. ELARIONOFF: Aloha. Page 24 Hawaii County Council -13 May 19, 2015 MR. CHUNG: Each of these commissions that we are asked to confirm members to are important to those people in various segments of the community; but from a global standpoint, really, we have to agree that Water Commission is probably one of the most important. I'm so glad you've been nominated by the Mayor. And it looks like you're going to have an overwhelming confirmation here, Leningrad. I got to say I worked with this man for four years on the County Council. This was over ten years ago, and he never failed to amaze me. Like today, you know, all this Hawaiian stuff that he's talking about, he never really led on at the time, his knowledge of the Hawaiiana and the language. He's just a very humble man. I believe that his skill -set is perfect for not only for Water Commission but probably any commission on the County. He's a humble, as I said, individual. Intelligent. I never knew that he was such a great writer until I saw all these letters to the editor, but he's a fantastic writer. I just have the utmost respect for this gentlemen, I mean, I really do, and I wanted to say that to all of you and to Leningrad. And just a tangentially, in response to Greggor's question of the previous nominee, 14 years ago had two more years, yeah, Leningrad? Two more years of life to the landfill in Hilo? MR. ELARIONOFF: Right. MR. CHUNG: That was 14 years ago, so that's a good question, actually. But congratulations, Leningrad. I really, I love this man. Great gentleman. MR. ELARIONOFF: Thank you, Mr. Chung. If I knew you thought so highly of me, I would of let you buy me lunch more often. CHR KANUHA: Thank you, Mr. Chung. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. And I wanted to say, also, thank you very much for coming forward to serve on the Water Board. And as Mr. Chung stated, I was thinking, too, that your skill -set and especially having served on the County Council, will be very valuable. Knowing just parliamentary procedure and meeting protocol and all of that is one thing, plus your deep knowledge of culture and how important water is probably the main thing. But I just wanted to say thank you, as well. MR. ELARIONOFF: Thank you. CHR KANUHA: Thank you, Ms. Eoff. Ms. Poindexter. Page 25 Hawaii County Council -13 May 19, 2015 MS. POINDEXTER: Just really quick, that I forgot to say that I remember coming before you when you sat on the Council, when I came to testify once, and I just have to say you have not aged at all. MR. ELARIONOFF: You're kinder than I thought you were. CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion? Okay, just wanted to say I fully support your nomination. I was on one of the commissions, the Burial Council, with you for a little while, and it was great to be on the Council with you. With your depth of knowledge and your experience in this community, it really helped me as a novice, basically to learn from you, so I really appreciated that. And your skill -set on that commission, it helped me. So mahalo for everything that you do. Mahalo for years of community service, and looking forward to working with you in the future. As Mr. Chung said, I can't say it better, this commission is extremely important. And so a big mahalo. I also wanted to go off on Ms. Wille. My dad's name is Kehaulani, and my sister is named, I wish aunty Maluhe or Aunty Elizabeth was still here, she actually named my sister, Waihuilani, which is raindrops from heaven. It's another different form of water and rain, so I just wanted to bring that up. It kind of sparked something in my mind. But, looking forward to working with you and mahalo for serving. MR. ELARIONOFF: Thank you. CHR KANUHA: All in favor of the nomination of Mr. Leningrad Elarionoff to the Water Board please say "aye." Vote on Comm. 307: The motion to confirm the appointment of (Approved) Mr. Leningrad Elarionoff to the Water Board was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Mahalo. Congratulations. If we could shake your hand? Taking a brief recess. Page 26 Hawaii County Council -13 May 19, 2015 Recess: At 10:02 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:16 a.m. CHR KANUHA: Okay, we're coming out of recess. If it's okay with the Council Members, we have the administration for the Environmental Management. Environmental Management is inside the audience, so I would like to take a few of their bills. I think they might be here for Bill 50. I could be wrong, but we can just go ahead with that one, Bill 43 and 49. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item were taken out of order. CHR KANUHA: Mr. Clerk, if we can start with Bill 50. Bill 50: 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 State Grants — Abandoned Motor Vehicle Tires account ($45,000); and appropriates the same to the Abandoned Motor Vehicle Tires. Funds would be used towards abandoned motor vehicle tire disposal fees and to assist programs that promote the removal of these tires. Reference: Comm. 298 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 50 on first reading. Seconded by Ms. David. CHR KANUHA: Any discussion? Ms. Wille. MS. WIL,LE: Is there someone there from Environmental Management? CHR KANUHA: Yep. And there's also a companion resolution, just an FYI. (Note: At this time, Solid Waste Division Chief Gregory Goodale came forward to address the members of the Council.) MS. WIL,LE: Greg, could you just introduce yourself? MR. GOODALE: Yeah. Good morning. Greg Goodale, County of Hawaii Solid Waste Division Chief. Page 27 Hawaii County Council -13 May 19, 2015 MS. WIL,LE: Okay, Chief. So on that, on the—this is a State grant, and is that something we can expect every year? And is this the amount that you would expect it to be or would want? MR. GOODALL Just to clarify, the amount that is being allocated by the State is up to $45,000, so that doesn't mean that the County of Hawaii is eligible to receive the entire amount. What we've done is we've gone to the State and essentially requested that the County be eligible to receive anything that wasn't utilized in the previous fiscal year, and also essentially try and position ourselves for the ability to utilize any money that the other counties don't utilize. So essentially, we want to be in a position, where if the other counties don't request any of this tire money, that we would be able to request the balance, or potentially be eligible for the entire amount. But if the other counties were to request funding from this amount of money that was put forward by DOH (Department of Health), they would also be in competition for that money. Right now there hasn't been anybody requesting this money, so that's why we're putting ourselves in a position where we would be eligible for that money. MS. WIL,LE: And is this, you said Department of Health, is it, though, coming from any Federal money or is this all State money that's in this allocation, the origin? MR. GOODALL The best of my knowledge, it's coming from the State of Hawaii. I don't know if there is any Federal pass-through money, but the State would need to answer that question. But as far as I know, it's State money. MS. WIL,LE: And can we—so this is something that we've—otherwise we don't have any funds for tires. Otherwise we would be supporting these ourselves, the County? MR. GOODALL Well, just again to clarify, we have, we deal, we manage tires that come in, illegally dumped within our own facilities. The purpose of this money is primarily for places where tires are illegally dumped outin, like rural areas of the County. And what it's designed for, there was a Tire Task Force that was put together, trying to put together recommendations on ways to clean up some of these areas, and people came from all over the State to give recommendations. This money was put forward. But there was a lot of feeling like this was just kind of touching the tip of the iceberg in terms of being able to tackle some of these issues. But what we're hoping is that, from our end, the County of Hawai`i's end, is that we will be able to utilize some of this money for some of the programs that exist now, the Community Based Clean-up programs. So that's where we would be intending to put this money toward, would be the Community Based Clean-up programs for the tires. Page 28 Hawaii County Council -13 May 19, 2015 All too often people will go out and they will do, for instance the Matson clean-up program that some of you may be familiar with, and they'll bring tires back but there won't be an outlet for disposal of those tires because we, the County, cannot accept them within our program because we're only able to manage the tires that come in that are illegally dumped. So the funding that's put forward by the State would allow for the tires that might come in on these community based clean-ups to be managed, so that's what we're hoping for. MS. WIL,LE: Okay, I really appreciate your explanation. Now, in terms of, you said the County doesn't, it manages the program but we don't accept tires, could you just run through what—how the public or how we do handle tires, and is there someone that we have a contract with to handle tires? So when someone goes to a transfer station and say's, "Here's my tire, where do I put it," what do you say? MR. GOODALL First, we tell them we don't take tires. So we tell them to take them back to the tire retailer that they purchased the tire from; tires are not allowed at any transfer stations or landfill within County of Hawaii. So if you purchase a fire from a tire retailer, the tire retailer is supposed to take that tire back from you. It's not an option. They have to take that tire back. They can't let you take it home with you. And that's actually something that the County will be doing an education program with the tire retailers, to educate the retailers. That is not an option. That giving the fire back to the customer is not an option, they must accept that tire. In fact, there is a fee that is being paid by the customer for that tire. So that's the first thing we would tell somebody, if they brought it to a transfer station, is that they're not allowed to bring it to that transfer station. Unfortunately, we have people that will come during times of the day that we may not have somebody there to tell them that, in which case we end up bringing those tires back to a collection point, and we have a contractor who manages those tires. Because inevitability we're going to wine -up with people that either try and sneak the tires in the load, when there may not be somebody looking, whatever, and the bottom line is the County gets stuck managing those tires. So, yes, we have a contractor that manages those tires and disposes of the tires appropriately. MS. WIL,LE: Yeah, tire suspends an area that we've had problems with, where people have gotten to the landfill and then we end up dealing with EPA (Environmental Protection Agency) or otherwise, in terms of disallowing it. So is there some reason why we don't have some facility, where, say somebody buys a car from somebody else, they have no idea where the tires are. If we only require the tire seller who provided them, a lot of people I could think wouldn't even have any idea where the tires are purchased from. Page 29 Hawaii County Council -13 Vote on Bill 50 (Approved) May 19, 2015 So is there some reason why we—other than it's just costly to not deal with tires? I just wonder, I think that's why so many of them are ending up in gullies. Is when the transfer station says, "We don't take them," and then the person heads off to where they want to use their truck again and tosses the tire into the gully. So anyway, I don't know whether you or Bobby Jean, we could discuss this further. But, if you could just respond a little bit to that question. MR. GOODALL Well, there are tire disposal companies here on Hawaii Island. And what we do, is when we get those phone calls with folks saying, "I have this tire, I got a vacant lot and somebody dumped tires on it," we'll direct them to those private businesses that manage those tires. So it's not that there isn't an outlet, it's just that there are some folks that don't want to pay that money, which is why we end up getting stuck with them, getting dumped at our sites, because we get folks that don't want to pay for that. But the bottom line is it's a service that is being provided and there's a cost that comes with any services provided. So whether you are a private landowner that gets tires dropped off on your land, it's still a cost to you to take it to one of these businesses that manages these tires. MS. WIL,LE: Okay. I guess the other alternative would be for us to charge something. But anyway, I'll let it go at that. I just appreciate your explaining this situation. CHR KANUHA: Thank you, Ms. Wille. Other discussion, Council Members? Okay hearing or seeing none, all in favor say "aye." The motion to pass Bill 50 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha – 8 Noes: None. Absent: Council Member Onishi – 1 Excused: None. CHR KANUHA: Motion passes. And then the companion resolution, Mr. Clerk, Resolution 186-15. Page 30 Hawaii County Council -13 May 19, 2015 Res. 186-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH (DOH), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO MITIGATE THE ISSUE OF ILLEGALY DUMPED TIRES THROUGHOUT THE COUNTY OF HAWAII Authorizes $45,000 from the State's DOH to the County to be used towards abandoned motor vehicle tire disposal fees and to assist programs that promote the removal of these tires. Reference: Comm. 298 Intr. by: Ms. Eoff Waived: FC Vote on Res. 186-15: Ms. Eoff moved to adopt Res. 186-15. Seconded by (Adopted) Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 7. Noes: None. Absent: Council Members David and Onishi — 2. Excused: None. CHR KANUHA: Okay, now we can go to Bill 43, which is on one of the last pages. Page eight. Bill. 43: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Transfer from General Fund account ($10,000); and appropriates the same to the Recycling Programs -County Other Current Expense account (Grant to Recycle Hawaii, Zero Waste Programs - District 9). Funds would be used to support, initiate, and facilitate Zero Waste programs at District 9 public and charter schools. Reference: Comm. 239 Intr. by: Ms. Eoff First Reading: May 6, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 43 on second and final reading. Seconded by Ms. Wille. CHR KANUHA: Any discussion? Ms. Wille. Page 31 Hawaii County Council -13 May 19, 2015 MS. WIL,LE: Yeah. Could you just explain a little bit? This is a Department of Water Supply grant, and for the purpose of establishing a Wellhead Protection program. CHR KANUHA: Ms. Wille, this is Bill 43. MS. WIL,LE: Oh, am I reading the wrong one? Maybe I'm reading the wrong one. CHR KANUHA: It's on the MS. WIL,LE: Oh, okay. Yeah, I am reading the wrong one. Sorry about that. CHR KANUHA: No problem. MS. WIL,LE: Okay, so Bill 43 is mine. Okay. Well, I urge your support. I thought we were doing theirs. Okay, so I'm using these funds of the Contingency Relief Funds for promoting Zero Waste programs to the 10 public and charter schools within my district. And I previously gave money for the school's Garden program. So this will sort of tie in Noah and Sam, Noah Dodd, who came and spoke, and Sam Robinson, will be heading this up. It will include working with them, and helping to get a plan for each individual school. Each one has a different circumstance, and then trying to put together a report that will also be helpful to any other school that would want to pursue this. So, thank you very much. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Okay hearing of seeing none, all in favor say "aye." Vote on Bill 43: The motion to pass Bill 43 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 7. Noes: None. Absent: Council Members David, Onishi — 2. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Bill 49? Page 32 Hawaii County Council -13 May 19, 2015 Bill 49: 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 State Grants — Wellhead Protection Program Grant account ($60,000); and appropriates the same to the Wellhead Protection Program Grant account. Funds would be provided to the Department of Environmental Management to advertise and conduct Household Hazardous Waste collection events around the island. Reference: Comm. 286 Intr. by: Ms. Eoff First Reading: May 6, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 49 on second and final reading. Seconded by Ms. Wille. (Note: At this time, Solid Waste Division Chief Gregory Goodale came forward to address the members of the Council.) CHR KANUHA: Any discussion? Ms. Wille. MS. WIL,LE: Maybe I'll pick up where I left off, before you corrected me. Okay, so just to understand, this is funds from the Water Department and for Wellhead Protection, and we're using them for household waste collection. So I just, if you could just explain a little bit so the public understands what's going on here. MR. GOODALE: Okay, yeah. Again, Greg Goodale, County of Hawaii Solid Waste Division Chief. The money, again I'll thank the folks at Water Supply for coming to us and letting us know that they have this money that would be available for a program like this. And through that collaboration we're able to get this money that will be able to be utilized for our Household Hazardous Waste program that's coming up here in June. There's going to be one in Kona, one in Hilo. The money must be used within this fiscal year, so time is of the essence with this. So again, when they saw that there wasn't something that was slated for use, they came, and we said, "Yes, we definitely would be interested in this money, and it would go to a good purpose." Because obviously, as we've said, "If it doesn't go down the drain, it goes down the rubbish shoot." So these types of things protect both things: the drinking water/the ground water. And the area at the landfill, we don't want things going where they don't belong. So that's where this Household Hazardous Waste program is so valuable to the County. But again, thanks to Water Supply for making this money available, that pass through. Page 33 Hawaii County Council -13 May 19, 2015 MS. WIL,LE: Well, I appreciate your department finding out. And both, in this case and your previous bill, where we've been able to utilize funds that otherwise we would not have. I think this is not adding any additional programs, if I'm correct. I mean, the one thing on hazardous waste is, I think, like in Waimea, you only do it once a year, and certainly it would be great if we could have that available a little more frequently. I don't know if you see prospect of that, or finding some additional source of money that we could make it, some of the hazardous waste program a little bit more frequent than just once a year in certain places and none a year in other; and twice a year and, I think, it's Kona and Hilo. So, I don't know. Director or Deputy, you have any thoughts on that? Just as this—in adding to any additional programs. Or, is this enabling us to fund the ones that we already have scheduled? MR. GOODALL Well, this doesn't add any additional collection events for this current fiscal year. As you know, the current fiscal year will be over at the end of June. So again, time is of the essence because the events are already scheduled. So the reality is there wouldn't be any ability for us to schedule anything additional. This just goes to offset money that we would have spent. Given the year that we had with the hurricane and the lava flow, we've had to redirect a lot of money to a lot of different places. So money like this is very welcomed to us, considering all the things we've had to redirect throughout this fiscal year. In terms of providing the additional service, one thing the folks that manage our Household Hazardous Waste program keep a very close eye on the amounts of materials that are brought in from various events. And again, our job is to try and manage the money that's entrusted to us and the best we can, and making sure that it's going to the most effective uses. So when we get to that point, when we feel like there's such a high quantity of materials coming into any one collection event, then the recommendation would be possibly to increase the frequency of the collection events. However, at this time the amounts that have been coming into these events have stayed pretty static. Hilo and Kona overwhelmingly gets the most amounts of materials bought in, given the population center that's not surprising. But we do rely on our folks within our department o make those kind recommendations. If they feel like we're having an area that is need of additional service, then those recommendations comes forward to us so that we can budget accordingly. MS. WIL,LE: Okay. Thank you, I appreciate your explanation. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 34 Hawaii County Council -13 May 19, 2015 Vote on Bill 49: The motion to pass Bill 49 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Mahalo. Okay we'll go just to the top of the agenda, Mr. Clerk. I don't think there is any other ones we need to take out of order. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. CHR KANUHA: So, Communication 312. Comm. 312: REQUEST BY COUNCIL MEMBER MARGARET WIL,LE TO PROVIDE A REPORT OF HER ATTENDANCE AT THE HAWAII COUNTY DEMOCRATIC CONVENTION, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Margaret Wille, dated May 1, 2015 Waived: GREDC Motion to File: Ms. Wille moved to close file on Com. 312. Seconded by Ms. David. CHR KANUHA: Ms. Wille, you may go right ahead. MS. WIL,LE: Okay. So, this is like a Sunshine Law report. Since there were quite a number of us there, I thought it appropriate to file something and include it for informational purpose, the sections that wewhere, more than a quorum, were present but were not attending, any meeting all together. So, I think it's pretty straight -forward. Just that there were various panels, including Agricultural and Energy, and one on intergovernmental panel that both Council Member Eagan and myself were on. So if anyone has any questions, I'd be happy to answer. I don't think any specific board business current or in the immediate future was discussed. But that's it. Page 35 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan. MR. IL,AGAN: Thank you, Mr. Chair. I would like to have our Corporation Counsel come up. I just wanted to ask, so is this our procedure from this point forward on to introduce or file a communication? I just wanted to get a confirmation. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members if the Council.) MS. STEBBINS: Good morning, Chair Kanuha, members of the Council. Molly Stebbins, Corporation Counsel. You're asking if the procedure is to do a report when more than one but less than a quorum attends an informational meeting, where matters related to board business are discussed? MR.IL,AGAN: Correct. MS. STEBBINS: Yes, that should be the procedure that's required by the Sunshine Law. MR. IL,AGAN: Okay. Is it only related to the Council Member who attended or does it also include the staff if they were present? MS. STEBBINS: No. Staff? Okay. Well, the law specifically speaks to board members. Yeah. MR. IL,AGAN: Okay. The reason why I'm asking that question is there were staff of other Council Members present that's not mentioned in this communication MS. WIL,LE: Yes, it is. MR. IL,AGAN: And I wanted to make sure that—what should be the process? That's why I wanted to get your legal advice. MS. WIL,LE: Can I say something? It does include, to the best of my knowledge, I included the staff members. For example, in the first sentence Council Member Eagan and staff members from the office of Council Member Chung and Council Member Onishi were in attendance, so it went through. But I'm glad you brought this up because I wasn't clear on—where I inquired, I was told I should be not just the members but also including these staff members. CHR KANUHA: Thank you, Ms. Wille. I got the request from Ms. Wille, and I just wanted to be as cautious as possible and just to say that this was appropriate for what happened at this meeting. So I thought just to be as cautious and just say Page 36 Hawaii County Council -13 May 19, 2015 whatever happened there and whoever was there, present. So I thought that was an appropriate use of this communication. MS. WIL,LE: I should say that I did consult with Corporation Counsel beforehand. Because we were jockeying a number of—more than a quorum were attending at one point or another, so we were orchestrating. Okay, Ms. Poindexter is leaving for the afternoon, who's in the morning? So I appreciated that assistance. MR. IL,AGAN: I still have the floor, right? CHR KANUHA: Yes. MR. IL,AGAN: May I get the legal advice from my lawyer? MS. STEBBINS: I'm not sure if I am entirely clear on what your question is. You're asking—so just backing up, the particular provision of the Sunshine Law permits board members to attend an informational meeting or presentation, or matters related to board business are going to be discussed, and that can be more than one member but less than a quorum. And you're asking, if I understand correctly, if that requirement or limitations extends to staff members? MR.IL,AGAN: Correct. MS. STEBBINS: I don't really want to go as far as saying that there's a hard and fast rule that it does. I mean, the law speaks to board members. Potentially if you're sending a staff member to be as your proxy, maybe you can get into a situation where it seems like in complying with spirit of the law. It would be best to treat those as board members. But I really don't think it's necessary to go as far as to say that you should always be with staff member, as essentially the same as a board member. I mean the way the law reads it, it speaks to board members. MR. IL,AGAN: Okay. With that, I just want to say, in spite of the spirit of the law, I believe Council Member Paleka sent Jordan Onaga as representing him for the Puna, District 5m and it's not mentioned in this communication. And I just want the public to know that she was present and, of course, there was no violation of any Sunshine Law. MR. PALEKA: Mr. Chair? CHR KANUHA: Mr. Paleka. MR. PALEKA: Yes. Thank you, Greggor. Yes, I just wanted to mention I did have my staff member Jordan Onaga represent our office at the democratic Page 37 Hawaii County Council -13 May 19, 2015 convention because was I was unable to attend due to family business I had on Maui. So if that could be included on the record, I would appreciate it. CHR KANUHA: Thank you. And I think that's kind of the spirit of it. We can discuss what happened and that is fine. Ms. Wille. MS. WIL,LE: Just—thank you for correcting that. I was trying to keep track of who was where at each of the different sessions. So again, thank you. I do think the question that, though, Council Member Eagan raised is important. Because, is board member staff? So that if there is no problem there—if we had more than a quorum, if we had less than a quorum of Board Members but more than a quorum if you were to include board member's staff. So that's not a violation when it's staff members present. So it was my misunderstanding, I'm just trying to get clarification on that. MS. STEBBINS: I would not call that a violation, no, I mean, the permitted interaction language, it speaks specifically to board members. MS. WIL,LE: Okay. Thank you for clarifying that. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Okay hearing or seeing none, all in favor of filing Communication 312 say "aye." Vote on Com. 312: The motion to close file on Comm. 312 was carried by the Filed following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Onishi – 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Resolution 166. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 38 Hawaii County Council -13 May 19, 2015 Res. 166-15: ACCEPTS THE DEDICATION OF ROAD LOT (12.5 FEET WIDE RIGHT-OF- WAY), BEING A PORTION OF ALLOTMENT 14 OF HOLUALOA 1 AND 2 PARTITION (MAUKA SECTION) BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713, APANA 43 TO VICTORIA KAMAMALU, TAX MAP KEY: 7-6-004:059, SITUATED AT HOLUALOA 1 AND 2, DISTRICT OF NORTH KONA, ISLAND OF HAWAII, FROM MILLICENT A. GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST DATED JANUARY 24, 1999 The road lot contains an area of 1,657 square feet, and would be used for public road purposes. Reference: Comm. 266 Intr. by: Ms. Poindexter Approve: PWPRC-9 Motion to Approve: Ms. Poindexter moved to adopt Res. 166-15 and Public Works and Parks and Recreation Committee Report No. 9 Seconded by Ms. Eoff. Vote on Res. 166-15 (Adopted) CHR KANUHA: Any discussion? Okay, I think I got what needed to, from the last meeting. I don't need to go into discussion about this, but I'm just curious. But okay, hearing or seeing none, all in favor say "aye." The motion to adopt Res. 166-15 and Public Works and Parks and Recreation Committee Report No. 9 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Okay next item, Resolution 187. Page 39 Hawaii County Council -13 May 19, 2015 Res. 187-15: AUTHORIZES THE ABANDONMENT AND DISPOSITION OF A PORTION OF PUAKO ROAD SITUATED AT PUAKO, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, BEING TAX MAP KEY: 6-6-002 (PORTION) TO THE STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES (DLNR), DIVISION OF STATE PARKS Authorizes the abandonment of "Parcel C," measuring approximately 6.665 acres, to the State DLNR for incorporation into Hdpuna State Park. Reference: Comm. 300 Intr. by: Ms. Eoff Waived: FC Vote on Res. 187-15: Ms. Eoff moved to adopt Res. 187-15. Seconded by (Adopted) Ms. David and carried following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Thank you. Okay next item, Mr. Clerk. Res. 188-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A DIGITAL VIDEO RECORDER AND CAMERAS TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the Keaukaha Community Association with a combined value of $4,474.97 to provide video surveillance at Kawdnanakoa Gym and Hualani Park in Keaukaha. Reference: Comm. 301 Intr. by: Ms. Eoff Waived: FC Vote on Res. 188-15: Ms. Eoff moved to adopt Res. 188-15. Seconded by (Adopted) Ms. David and carried following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. Page 40 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Motion passes. Next item. Res. 189-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER UNANTICIPATED EXPENSES IN THE HAWAII STATE ASSOCIATION OF COUNTIES/NATIONAL ASSOCIATION OF COUNTIES (HSAC/NACo) ACCOUNT Transfers/appropriates $5,000 out and from the Clerk -Council Services Other Current Expenses, Miscellaneous Charges account; and credits the same to the HSAC/NACo, Travel/Conferences, Travel/Conference account. Funds would be used for the 2015 NACo Western Interstate Region Conference held in May and monthly HSAC Executive Board meetings for the remainder of the fiscal year 2014-2015. Reference: Comm. 302 Intr. by: Mr. Onishi Waived: FC Motion to Approve: Mr. Paleka moved to adopt Res. 189-15. Seconded by Ms. David. CHR KANUHA: Any discussion? MR. PALEKA: Mr. Chair. CHR KANUHA: Mr. Paleka. MR. PALEKA: Okay, the purpose of these funds are for adding funds that have been expended already, and one of the expenses being considered is for WIR (Western Interstate Region) attendance, which I'm leaving for today. I have expended the funds already. I think it's an important event, networking that we gain not only with our County colleagues from Kauai, Maui, which we do, I think is a very valuable asset for our County. But I spent the money already, so I would appreciate having the opportunity to be reimbursed. I mean, I don't mind, I can pay for it. It's all good, but it would be nice. Thank you. CHR KANUHA: Thank you, Mr. Paleka. Ms. Wille. MS. WIL,LE: My fellow Council giggling next to me, so I have to pull myself together here. Let me just ask you, so are you, you're on the board now? Can I inquire about Council Member Paleka? You're on the Western Interstate Regional Board? MR. PALEKA: Yes. Page 41 Hawaii County Council -13 May 19, 2015 MS. WIL,LE: And do they consult with you about the agenda for the upcoming, is that within the scope of your responsibilities? MR. PALEKA: Yes, there is an itinerary of events and also discussions with the board. The board meeting is tomorrow. MS. WIL,LE: Okay. And in terms ofI'm on this Agriculture and Rural Affairs Steering Committee. So have you, did they discuss with you what was going to come up on the different panels and who would be speaking? MR. PALEKA: There is an itinerary. If the public is interested in seeing the it's on the NACO (National Association of Counties.) website. I do plan to attend as many of those. MS. WIL,LE: What raised my concern is when I saw that it's—one of the lead panelists is the new head of the Hawaii Crop Improvement Association, which is the Bio Tech Lobbying Armor, and that there'sI don't have any problem if they want to have a lobbyist on that side as a lead speaker, but I feel that there should be balance, especially where three counties have raised concerns about the GMO (Genetic Modified Organism) issues. So anyway, I'm always wondering, just in terms ofI know where is NACo, but I have general problems with HSAC. And moving forward—and what the cost is, and whetherreally, we're losing out on other opportunities that we could use that money for. Arguing along the same lines that Council Member Eagan argued yesterday, how we're using that money and how it's used. So this is another, this is $5,000 in addition to, I forget what the total budget was, but many thousands of dollars, I think, for HSAC. Do you remember off -hand what the total budget of HSAC is? Anyway, I'll let that go. But, I do realizeI do want to say, in terms of the funds, that Council Member Onishi did move some funds in a previous time into the Contingency Relief Fund. So I think, where we're ending up with a shortfall here, it's appropriate passing this, so I urge passage. At the same time, I continue to rattle along with my concerns about HSAC. Thank you. CHR KANUHA: Thank you, Ms. Wille, for your comments. And, yeah, it was—now we have an additional member that's going to be using this account, so unanticipated expenses. And I appreciate everybody; hopefully we can all support this and move it, get it passed. Okay, any other discussion? Hearing or seeing none, all in favor say "aye." Page 42 Hawaii County Council -13 May 19, 2015 Vote on Res. 189-15: The motion to adopt Res. 189-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes thank you, Council Members. Okay next item, Mr. Clerk. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills ORDINANCE for Ordinances (First Reading). FIRST READING): Bill 48: NAMES A COUNTY PARK AND RECREATIONAL FACILITY AT KOHANAIKI, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Names the beach park located at Kohanaiki, North Kona, the "Kohanaiki Beach Park." Reference: Comm. 284 Intr. by: Ms. Eoff Approve: PWPRC-10 Motion to Approve: Ms. Eoff moved to pass Bill 48 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 10. Seconded by Ms. David. MS. EOFF: Thank you very much, Council Members. And I know we spoke a little bit about this in Committee, but I just wanted to let you know that last weekend we celebrated 201' anniversary of the Keiki Surf for the Earth contest at the beach. It was a wonderful day. A wonderful collaboration of work on the part of the County, the community, and the landowner or the developer, and it just showed what a partnership like that can achieve; so it was an exceptional event, and everybody contributed to it. So I just wanted to say how happy I am to be able to amend our County code right now, to put the Kohanaiki Beach Park officially onto the schedule of County parks. I'm honored to be able to do it today. Page 43 Hawaii County Council -13 May 19, 2015 CHR KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Bill 48: The motion to pass Bill 48 on first reading and adopt Public (Approved) Works and Parks and Recreation Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Okay, Mr. Clerk, Bill 51. Bill 51: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the State Grants — Department of Health — Tobacco Sting Grant account ($12,000); and appropriates the same to the Department of Health — Tobacco Sting Grant. Funds would be used to prevent the sale of tobacco to minors. Reference: Comm. 299 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 51on first reading. Seconded by Ms. David. CHR KANUHA: Any discussion? Okay. MS. EOFF: I guess I could just like to state that the grant is for additional funding, and extends for 12 more months so the police can enforce sales to minors. CHR KANUHA: Thank you, Ms. Eoff. Any other discussion? Okay hearing or seeing none, all in favor say "aye." Page 44 Hawaii County Council -13 Vote on Bill 51 (Approved) (1RT)FR (1F THE DAY (SECOND OR FINAL READING): May 19, 2015 The motion to pass Bill 51 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Okay, Mr. Clerk, Bill 39. The Chair directed the Council to proceed to the next order of business, Order of the Day (Second or Final Reading). Bill 39: AMENDS CHAPTER 14, ARTICLE 13, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLICITING FOR MONEY OR OBJECTS OF VALUE Amends multiple definitions and what constitutes a prohibited act to expand and mon clearly define first amendment protections for solicitation -related activity. Reference: Comm. 233 Intr. by: Mr. Kanuha (B/R) First Reading: May 6, 2015 Vote on Bill 39: Ms. David moved to pass Bill 39 on second and final (Adopted) reading. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Bill 40, Draft 3. Page 45 Hawaii County Council -13 May 19, 2015 Bill 40 AMENDS CHAPTER 15, ARTICLES 2 AND 3, OF THE HAWAII COUNTY (Draft 3): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKS AND RECREATION Amends various sections to expand and more clearly define first amendment protections for solicitation -related activity at County parks and recreational facilities. Reference: Comm. 234.4 Intr. by: Mr. Kanuha (B/R) First Reading: May 6, 2015 Vote on Bill 40 Ms. David moved to pass Bill 40, Draft 3, on second and Draft 3): final reading. Seconded by Ms. Eoff and carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Bill 41. Bill 41: 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 - 2015 Block Grant account ($2,465,271) and the Block Grant - Program Income account ($215,925.52); and appropriates the same to the following accounts: Hilo Adult Day Care Center - Foundation and Site Improvements ($700,000); West Hawaii Emergency Shelter - Kitchen Renovations ($255,000); Habitat for Humanity Affordable Workforce Housing - Land Acquisition ($132,000); Pahoa Fire Station - Wild Brush Truck Acquisition $235,000; West Hawaii Homeless Micro Housing Units - Site Improvements ($434,771); Kamakoa Nui Mutual Self -Help Housing - Land Acquisition ($200,000); Kona Domestic Abuse Shelter - Kitchen Renovations ($86,500); Residential Emergency Repair Program ($237,925.52); and Administration, Planning & Fair Housing ($400,000). Reference: Comm. 237 Intr. by: Ms. Eoff First Reading: May 6, 2015 Page 46 Hawaii County Council -13 Vote on Bill 41 (Adopted) May 19, 2015 Ms. Eoff moved to pass Bill 41 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Bill 42. Bill 42: 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 - 2015 HOME Program account ($2,852,059) and the HOME Grant - Program Income account ($69,941.21); and appropriates the same to the following accounts: Tenant Based Rental Assistance ($666,178.21); Hale Ulu Hoi I and 11 Apartments ($400,000); Mohouli Heights Senior Neighborhood 2 ($669,287); Habitat for Humanity Affordable Workforce Housing ($600,000); Kumakua Self -Help Housing, Increment 2B ($160,000); Micro Housing First Project ($276,427); and Office of Housing and Community Development Administration ($150,108). Reference: Comm. 238 Intr. by: Ms. Eoff First Reading: May 6, 2015 Vote on Bill 42: Ms. Eoff moved to pass Bill 42 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Motion passes. I'm pretty sure we got through everything. Mr. Clerk? REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) Page 47 Hawaii County Council -13 May 19, 2015 REFERRALS The Chair directed the Council to proceed to the next order of business, FOR Referrals for Executive Session. EXECUTIVE 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.) CHR. KANUHA: Okay, can I have a motion to adjourn? ADJOURN- There being no further business, at 11:01 a.m., Ms. Eoff moved to adjourn the MENT, meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, (lagan Paleka, Poindexter, Wille, Chair Kanuha — 8. Noes: None Absent: Council Member Onishi — 1. Excused: None CHR. KANUHA: Thank you very much. We are adjourned. Council Approval: May 17, 2016 COUNT LERK SM/ja/na/rk Page 48