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HomeMy WebLinkAboutMIN COUNCIL 2015/06/16 2014-2016Hawaii County Council 161h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii June 16, 2015 INVOCATION: Mr. J. Curtis Tyler, IH, gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:25 a.m., in the Council Chambers, Kailua-Kona, Hawaii, by Mr. Dru Kanuha, Chair. PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Ms. Poindexter led the Council in the Pledge of Allegiance.) ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member (via videoconference from Hilo) Mr. Danny Paleka, Member Ms. Margaret Wille, Member PETITIONS, MEMORIALS CERTIFICATES OF MERITS, AND EXPRESSIONS OF CONDOLENCE: MR. HENRICKS: Chair Kanuha you have nine members present. 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.) Hawaii County Council -16 June 16, 2015 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC, UN AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Curtis Tyler: Comm. 332, in support. Kalaniakea Wilson: Res. 185-15 (Comm. 292), in support. Geri Bell: Res. 185-15 (Comm. 292), in support. (Representing the Hawaii Council Assn of Hawaiian Civic Clubs) Noe Noe Wong -Wilson: Res. 185-15 (Comm. 292), in support. (Representing the Hawaiian Civic Club of Hilo) Thomas Anthony: (Representing Manu O Ku Hawaii) Kelii W. Ioane Jr.: (Representing Hui Pu Laka) Res. 185-15 (Comm. 292), comment. Res. 185-15 (Comm. 292), in support. Nanci Munroe: Res. 185-15 (Comm. 292), in support. (Representing the Kanaka Council) Kale Gumapac: Res. 185-15 (Comm. 292), in support. (Representing the Kanaka Council) Curtis Tyler: Kepa Kaeo: (Representing Ko Hawaii Pae Aina/UH Hilo) La`akea Caravalho: (Representing Ko Hawaii Pae Aina) Wil Houts: Res. 185-15 (Comm. 292), in support. Res. 185-15 (Comm. 292), in support. Res. 185-15 (Comm. 292), in support. Comm. 333, in support. Page 2 Hawaii County Council -16 June 16, 2015 CHR KANUHA: Mahalo for your testimony. Okay, one more time anyone else wishing to testify, here in Kona or any other site? Okay hearing or seeing none, I'm going to close Public Testimony, and move on with the agenda. We're going to start at the top, right now Mr. Clerk, Communication 332. And we'll just read in the communication, we can separate the nomination afterward. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 332: NOMINATION OF KARI KIMURA TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE ; and NOMINATION OF CHARLES YOUNG TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE ; and NOMINATION OF SHANE PALACAT-NELSON TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor William P. Kenoi, dated May 22, 2015, submitting for the Council's review and confirmation the above nominations. ; and Comm. 332.1: From Planning Committee Chairperson Greggor Eagan, dated June 4, 2015, requesting that this matter be waived to the full Council for immediate action. Vote on Kari Kimura: (Approved) Ms. Eoff moved to confirm the appointment of Ms. Kari Kimura to the Kona Community Development Plan Action Committee. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council -16 June 16, 2015 Vote on Charles Young: Mr. Paleka moved to confirm the appointment of Mr. Charles (Approved) Young to the Kona Community Development Plan Action Committee. Seconded by Ms. Wille and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Vote on Shane Ms. David moved to confirm the appointment of Mr. Shane Palacat-Nelson: Palacat-Nelson to the Kona Community Development Plan (Approved) Action Committee. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Council Members spoke in support of the three nominations contained in Comm. 332. CHR KANUHA: Congratulations to all the nominees for the Kona Community Development Plan Action Committee. Just briefly, we'll take a two minute recess to congratulate the ones that are here. So brief recess. Recess: At 10:43 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:50 a.m. due to technical difficulties. CHR KANUHA: And moving on, Mr. Clerk Communication 333. Comm. 333: NOMINATION OF JONATHAN P. BARTSCH TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor William P. Kenoi, dated May 26, 2015, submitting for the Council's review and confirmation the above nomination. ; and Comm. 333.1: From Agriculture, Water and Energy Sustainability Committee Chairperson Margaret Wille, dated June 4, 2015, requesting that this matter be waived to the Page 4 Hawaii County Council -16 June 16, 2015 full Council for immediate action. Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. Jonathan P. Bartsch to the Game Management Advisory Commission. Seconded by Ms. Poindexter. Recess: At 10:51 a.m., the Chair called for a recess, due to technical difficulties. Reconvene: The meeting reconvened at 11:11 a.m. Council Members spoke in support of the nomination. Vote on Comm. 333: The motion to confirm the appointment of Mr. Jonathan: (Approved) P. Bartsch to the Game Management Advisory Commission was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, congratulations. And thank you, for serving. Okay. Mr. Clerk, can we go take out of order from Reports, PC -20? Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following item were taken out of order: PC -20 NOMINATION OF KENDALL J. WILLS TO THE NORTH KOHALA (Comm. 310): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor William P. Kenoi, dated May 7, 2015, submitting for the Council's review and confirmation the above nomination. Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. Kendall J. Wills to the North Kohala Community Development Plan Action Program. Seconded by Ms. Eof£ Council Members spoke in support of the nomination. Page 5 Hawaii County Council -16 Vote on PC -20: The motion to confirm the appointment of Mr. Kendall J. (Approved) Wills to the North Kohala Community Development Plan Action Committee was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: June 16, 2015 Comm. 335: REQUESTS THE ACCEPTANCE OF A DONATION OF VARIOUS SPORTS EQUIPMENT AND SUPPLIES, WITH A VALUE OF $100 From Finance Director Deanna S. Sako, dated May 27, 2015. Donated by Skyline EcoAdventures, to be used at the Honomu Gym to assist with recreation activities. Waived: FC Vote on Comm. 335: Ms. Eoff moved to approve the donation of various sports (Approved) equipment and supplies from Skyline EcoAdventures. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Comm. 336: REQUEST BY COUNCIL MEMBER DANIEL K. PALEKA, JR., TO PROVIDE A REPORT OF HIS ATTENDANCE AT THE 2015 WESTERN INTERSTATE REGION CONFERENCE, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Daniel K. Paleka, Jr., dated May 27, 2015. ; and Comm. 336.1: From Governmental Relations and Economic Development Committee Chairperson Dennis "Fresh" Onishi, dated June 4, 2015, requesting that this Page 6 Hawaii County Council -16 matter be waived to the full Council for immediate action. Motion to Close File: Mr. Paleka moved to close file on Comm. 336. Seconded by Ms. Eoff. June 16, 2015 Mr. Paleka spoke briefly about the conference. The report is submitted to satisfy the requirements of Hawaii Revised Statutes Section 92-2.5. He provided various details about the different top events and topics discussed. Vote on Comm. 336: The motion to close file on Comm. 336 was carried by Filed the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. MR. ONISHL Mr. Chair? CHR KANUHA: Yes, Mr. Onishi. MR. ONISHL I need to put this on record, but in Hilo we couldn't really understand what Mr. Paleka was saying during his comments. I mean it's really bad. CHR KANUHA: Okay. Is it better if we justI mean can you hear me clearly right now? MR. ONISHL We can hear you. Yeah, you're okay. CHR KANUHA: Okay, I think it's just the point that we need to speak directly into the microphone. Just so that we can all—so Hilo and all the outlying sites can hear Council Members. Thank you. MR. ONISHL But then there's also—there's background noise that's going on. It's not like quiet. CHR KANUHA: Okay. MR. ONISHL It's not like a feedback. But it's just— Page 7 Hawaii County Council -16 June 16, 2015 CHR KANUHA: Okay, we'll just make sure all the mics are off, when you're speaking in the Hilo side. And then we can hopefully get through this without any more greater technical difficulties, but just please bear with us Mr. Onishi. Just let us know again if you really can't hear anything. Then we're going to have to recess and figure out how to best move forward. Okay. MR. ONISHL Okay, thanks. CHR KANUHA: Thanks, Mr. Onishi. Okay Mr. Clerk, Resolution 185. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 185-15: REQUESTS THE HAWAII STATE LEGISLATURE TO DESIGNATE JULY 31 AS "LA HO`IHO`I EA," WHICH TRANSLATES TO RESTORATION DAY Designates July 31 of each year to be known as "La Ho`iho`i Ea," in recognition of the day independence was restored to the Kingdom of Hawaii on July 31, 1843. This day shall not be construed to be a state holiday. Reference: Comm. 292 Intr. by: Mr. Paleka Approve: GREDC-1 (Note: Comm. 292.3, from Council Member Paleka dated June 15, 2016, transmitting proposed amendments to Res. 185-15, was circulated.) Motion to Approve: Mr. Paleka moved to adopt Res. 185-15. Seconded by Ms. David. CHR KANUHA: Mr. Paleka, you have the floor. MR. PALEKA: Mr. Chair if I may, may I move to amend 185-15 with Comm. 292.3. Motion to Amend: Mr. Paleka moved to amend Res. 185-15 with the contents of Comm. 292.3. Seconded by Ms. David. CHR KANUHA: Mr. Paleka, go right ahead. MR. PALEKA: Yes, what this communication actually does is remove languages redacted in the—"Whereas of July 31, should be known and designated as La Ho`iho`i Ea in recognition of the day independence was restored to the Kingdom of Hawai`i." And strikes out, "provided this day is not, and shall not be construed to be a State holiday." That is based on some input from our Page 8 Hawaii County Council -16 June 16, 2015 constituents that this language be removed. So I have submitted this amendment as put forward, and also added an appendix. And I would like to thank Mr. Pila Wilson, who had done a translation for us. Being that the Hawaiian language is a recognized and official State language, that it was also presented in Hawaiian. Mahalo nui to Professor Pila, and I'll delete the rest, and hope that you support this amendment, and this resolution; and I'll leave it open for discussion. Mahalo. CHR KANUHA: Thank you, Mr. Paleka. Any discussion, Council Members on the amendment? Ms. David. MS. DAVID: Yes, I'd like to just say thank you, Mr. Paleka, for making the revisions that we were discussing at our last meeting, and especially the removal that it would not be construed as a State holiday, and more importantly the olelo, so thank you very much. Mahalo, and I will support this. CHR KANUHA: Thank you, Ms. David. Any other discussion? Ms. Eoff MS. EOFF: Yeah, I wanted to also thank, Mr. Paleka,for bringing this resolution forward, and the amendments. I especially wanted to recognize how beautiful it was to hear the Hawaiian language spoken here today so eloquently. So thank you very much, for this opportunity to support making July 31 ", a recognized holiday in the State of Hawaii, I would like to see that happen. CHR KANUHA: Thank you, Ms. Eoff Ms. Wille. MS. WILLE: Yes. Thank you, everyone for supporting this and Mr. Paleka, I know this was one of three days that a group of Hawaiians came to us about, and the others being Queen Lili`uokalani Day, and then Admissions Day, Lakuakoa. And I just wondered if there's anyone else planning to—Danny or—to promote those other two days. And if not I would—in particular Admissions CHR KANUHA: Just—yeah. Ms. Wille, if you could just speak on the amendment. MS. WILLE: Okay, well—okay, I consider it the same subject, just so you know. Because it's what we're doing is recognizing and acknowledging that history and the importance of recognizing the host culture days and holidays. So okay, again I appreciate this and will support it. CHR KANUHA: Thank you, Ms. Wille. Ms. Poindexter, on the amendment. MS. POINDEXTER: On the amendment, I'm going to wait till it gets—mines is more on the main resolution. So I'll just wait for it to come back. Page 9 Hawaii County Council -16 June 16, 2015 CHR KANUHA: Thank you. Any other discussion, Council Members, on the amendment? Okay, hearing or seeing none, all in favor say "aye." Vote on Motion to The motion to amend Res. 185-15 with the contents of Amend: Comm. 292.3 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, now we can have discussion on the mainoh, do we have to MR. HENRICKS: Yes, it would be appropriate to make a motion to suspend the rules to allow for discussion on the motion as amended. CHR KANUHA: Thank you, for that. May I have a motion to suspend the rules, so that we can discuss this today. Vote on Motion to Mr. Paleka moved to suspend Council Rule 15 to waive the Suspend Council holdover for substantive amendment of Res. 185-15. Rules: Seconded by Ms. Poindexter and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, now we can discuss Resolution 185 as amended today. Ms. Poindexter. MS. POINDEXTER: I just want to thank Council Member Paleka for bringing this forward. And also to thank the people who had come to our offices, I know came to my office and sat and met with me. And I was very, very impressed, and I'm definitely am in support of this. And I will, at such point when they take this to the State to lobby. I will be along with you, helping to lobby this at the State level as well. So I would ask the group to keep us informed, to a point that when you're meeting with Legislators at the State level so that I can try to participate as well. So thank you, very much. Aloha. Page 10 Hawaii County Council -16 June 16, 2015 CHR KANUHA: Thank you, Ms. Poindexter. Mr. Paleka, did you have anything to say on the main motion as amended? MR. PALEKA: Just to comment on Margaret's inquiry regarding the other two holidays. I believe there are individuals that are going to follow through with those days. And these days are very important to the Hawaiians or the Hawaiian Kingdom that— MR. ONISHL Mr. Chair? MR. PALEKA: Yes. CHR KANUHA: Oh sorry. MR. PALEKA: Can you hear me now? MR. ONISHL Remind members that they got to talk closer to the mic, please. MR. PALEKA: Okay. Can you hear me now? Hilo? MR. ONISHL Little bit better. MR. PALEKA: Thank you, brah. So yeah, I would just hope that we all could help in pushing this forward if it does pass today. And I like to thank all the Kanaka Ma`oli and Hawaiian Kingdom advocates that came forward. And it's really a fit in because tomorrow I head for my family reunion in Ke`anae alright. So for the Hawaiians imua, mahalo, and I hope everyone supports this. CHR KANUHA: Thank you, Mr. Paleka. Any discussion Council Members, on the main motion as amended? Okay, hearing or seeing none, all in favor say Ic aye. Vote on Res. 185-15: The motion to adopt Res. 185-15, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay Mr. Clerk, the next item. Res. 202-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN Page 11 Hawaii County Council -16 June 16, 2015 AGREEMENT WITH THE UNIVERSITY OF HAWAII, HAWAII COMMUNITY COLLEGE (HCC) Agreement with the Hawaii Fire Department would facilitate the process of awarding college credit towards HCC's Fire Science Program. Reference: Comm. 334 Intr. by: Ms. Eoff Waived: FC ; and Comm. 334.1: From Finance Committee Chairperson Karen Eoff, dated June 4, 2015, requesting that this matter be waived to the full Council for immediate action. Motion to Approve: Ms. Eoff moved to adopt Res. 202-15. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Eoff MS. EOFF: I don't know if anybody in Hilo wants to speak on this, but it was waived from my committee. And I think the purpose of it is just to encourage and help fire fighters to move up in rank by taking these courses, and to have them available while they're also employed by the Fire Department. If I'm understanding correctly. It helps them attain a degree, and I think— MR. ONISHL I'll finish. MS. EOFF: Is anybody in Hilo that wanted to talk on this, or—Mr. Onishi. MR. ONISHL No. No worry, no worry. CHR KANUHA: Mr. Onishi, I think your microphone is on. Okay, Ms. Eoff, go right ahead. I don't know. MS. EOFF: Okay, I think that's it. Unless anyone has questions, I think we can go ahead. And I urge you to support this, it's a great program. CHR KANUHA: Thank you, Ms. Eoff Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say "aye." Page 12 Hawaii County Council -16 June 16, 2015 Vote on Res. 202-15: The motion to adopt Res. 202-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 203-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO- HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE 2015 LAUPAHOEHOE HEALTH AND SAFETY FAIR Transfers/appropriates $3,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Hilo-Hamakua Community Development Corporation). Reference: Comm. 337 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 203-15. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, I had it read in so that I wouldn't lose the numbering, but I have something that I'm working on to correct. So I'm going to ask for this to be postponed to the July 1, Council meeting. CHR KANUHA: Is that a motion? MS. POINDEXTER: Yes. Page 13 Hawaii County Council -16 Vote on Motion to Postpone: (Approved) June 16, 2015 Ms. Poindexter moved to postpone Res. 203-15 to July 1, 2015. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, Resolution 203 will be postponed. Mr. Clerk, Resolution 204. Res. 204-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII EMPLOYEES' RETIREMENT SYSTEM(ERS) Agreement would allow the County to obtain information provided by the ERS actuary needed for the County's 2015 financial statement. Reference: Comm. 338 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 204-15. Seconded by Mr. Paleka. CHR KANUHA: Any discussion? Ms. Eoff MS. EOFF: This was waived from my committee, because of the—to expedite this being taken care of for the 2015 Financial Statements. I don't know if Ms. Sako, has anything to add from Hilo, or Council Members, have any questions but—okay. CHR KANUHA: Thank you, Ms. Eoff Any other discussion, Council Members? Hearing or seeing none, all in favor say "aye." Page 14 Hawaii County Council -16 Vote on Res. 204-15 (Adopted) The motion to adopt Res. 204-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. MR. ONISHL Mr. Chair. CHR KANUHA: Mr. Onishi. June 16, 2015 MR. ONISHL Can you remind members again to come closer to the mic, please. CHR KANUHA: Okay, will do. Council Members please, come as close as you can to the microphone, when you are speaking. Okay Mr. Clerk, next item. Res. 205-15: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS FOR THE NATIONAL ASSOCIATION OF COUNTIES (NACo) AND WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS FOR FISCAL YEAR 2015-2016 Requests the Council's approval of the following slate of officers for the NACo and WIR Board of Directors: KipuKai Kuali`i, Kauai County Council (NACo); J. Ikaika Anderson, Honolulu City Council (NACo); Mike White, Maui County Council (WIR); and Danny Paleka, Hawaii County Council (WIR). Reference: Comm. 341 Intr. by: Mr. Onishi Waived: GREDC Motion to Approve: Mr. Onishi moved to adopt Res. 205-15. Seconded by Ms. Poindexter. CHR KANUHA: Mr. Onishi, go right ahead. MR. ONISHL We had discussions at the committee, so just asking for approval. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Council Members, any discussion on this item? Okay, hearing or seeing none, all in favor say "aye." Page 15 Hawaii County Council -16 June 16, 2015 Vote on Res. 205-15: The motion to adopt Res. 205-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 47 AMENDS CHAPTER 14, ARTICLE 11, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NEIGHBORHOOD WATCH SIGNS Revises the process to request, purchase, construct, and install neighborhood watch signs at approved locations. Reference: Comm. 283.4 Intr. by: Mr. Eagan Approve: PSMTC-4 Vote on Bill 47: Mr. Eagan moved to pass Bill 47, Draft 2, on first reading Draft 2 and adopt Public Safety and Mass Transit Committee (Approved) Report No. 4. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, next item. Page 16 Hawaii County Council -16 June 16, 2015 Bill 52: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008 (Applicant: Waiemi LLQ (Area: Approx. 3 acres) Reference: Comm. 308 Intr. by: Mr. Eagan (B/R) Approve: PC -21 and; Bill 53: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL — ONE AND ONE-HALF ACRE (RA -1.5a) AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008 (ADDlicant: Waiemi LLC) (Area: ADDrox. 3 acres) The Leeward Planning Commission forwards its favorable recommendation for the amendments to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to construct a single-family dwelling on the newly created lot to be used as a rental by the applicant's family or non -family tenants. Reference: Comm. 308 Intr. by: Mr. Eagan (B/R) Approve: PC -22 Motion to Approve: Mr. Eagan moved to pass Bill 52 on first reading and adopt Planning Committee Report No. 21. Seconded by Ms. Wille. CHR KANUHA: Any discussion on this item? Ms. Wille. MS. WILLE: Yeah, I urge support for this, I don't think we need to discuss it further. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 17 Hawaii County Council -16 June 16, 2015 Vote on Bill 52: The motion to pass Bill 52 on first reading and adopt (Approved) Planning Committee Report No. 21 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. May I also have a motion to approve Bill 53. Mr. Eagan. Motion to Approve: Mr. Eagan moved to pass Bill 53 on first reading and adopt Planning Committee Report No. 22. Seconded by Ms. Wille. CHR KANUHA: Any discussion on Bill 53? Ms. Wille. MS. WILLE: Yeah, again I urge support for this. If there's any questions, I'd be happy to answer them. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Bill 53: The motion to pass Bill 53 on first reading and adopt (Approved) Planning Committee Report No. 22 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item, Mr. Clerk. ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 54: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING Page 18 Hawaii County Council -16 June 16, 2015 BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Federal Grants — Housing Choice Voucher Program account ($500,000); and appropriates the same to the Voucher Rental Subsidies account. Funds would be used towards rental assistance for eligible program participants. Reference: Comm. 317 Intr. by: Ms. Eoff First Reading: June 3, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 54 on second and final reading. Seconded by Ms. Poindexter. CHR KANUHA: Is there any discussion? Ms. Eoff. MS. EOFF: Mr. Chair, I don't have discussion on the bill itself, but once we do pass this bill I've been asked to make a motion to waive the reconsideration 5 -day holdover period so thatI know it doesn't increase processing by that many days, but I would still do that after the motion passes. CHR KANUHA: Okay. Thank you, Ms. Eoff. Okay, any other discussion? Okay, hearing or seeing none, all in favor say "aye." Vote on Bill 54: The motion to pass Bill 54 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Ms. Eoff. MS. EOFF: Okay Mr. Chair, I'd like to make a motion to suspendI don't know the rule number off hand, but the reconsideration 5 -day holdover rule. Page 19 Hawaii County Council -16 June 16, 2015 Vote on Motion to Ms. Eoff moved to suspend Council Rule 15 to waive the Suspend Council 5 -day holdover for reconsideration of Bill 54. Seconded Rules: by Mr. Paleka and carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, thank you. Next item. Bill 55: 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 Private — Miscellaneous Private Contributions account ($17,586.55); and appropriates the same to the Miscellaneous Private Contributions account. Funds donated by Sister City Yurihama Prefecture (Japan) would be used for the benefit of the residents of Lower Puna who were affected by the June 271h lava flow. Reference: Comm. 318 Intr. by: Ms. Eoff First Reading: June 3, 2015 Vote on Bill 55: Ms. Eoff moved to pass Bill 55 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Bill 56: 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 Federal Grants — Workforce Innovation and Opportunity Act (WIOA) account ($1,521,232); and appropriates the same to the following accounts: WIOA — Administration Planning 2015-16 ($152,121); Page 20 Hawaii County Council -16 Vote on Bill 56 (Adopted) Vote on Motion to Suspend Council Rules: (Adopted) June 16, 2015 WIOA — Adult Program 2015-16 ($495,316); WIOA — Dislocated Worker Program 2015-16 ($405,276); and WIOA — Youth Program 2015-16 ($468,519). Funds would be used to assist adults, dislocated workers, and youth to increase their employment retention, earnings, skills, and literacy. Reference: Comm. 319 Intr. by: Ms. Eoff First Reading: June 3, 2015 Ms. Eoff moved to pass Bill 56 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. MS. EOFF: Mr. Chair. CHR KANUHA: Yes. MS. EOFF: I'd like to make a motion to suspend the 5 -day holdover CHR KANUHA: The reconsideration. MS. EOFF: The reconsideration rule on this one too. Ms. Eoff moved to suspend Council Rule 15 to waive the 5 -day holdover for reconsideration of Bill 56. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you, Ms. Eoff Mr. Clerk, next item. Page 21 Hawaii County Council -16 June 16, 2015 Bill 57: AMENDS CHAPTER 2, ARTICLE 39, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAM Amends the Hawaii County Code to reflect the provisions of the WIOA, which supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973, to take effect on July 1, 2015. Reference: Comm. 325 Intr. by: Ms. Eoff First Reading: June 3, 2015 Vote on Bill 57: Ms. Eoff moved to pass Bill 57 on second and final reading. (Adopted) Seconded by Ms. David and carried by the following voice vote: Vote on Motion to Suspend Council Rules: (Adopted) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. MS. EOFF: Mr. Chair. CHR KANUHA: Yes, Ms. Eoff MS. EOFF: I have had the same request from Ms. Akiyama, to suspend our reconsideration holdover rule on this one too. Ms. Eoff moved to suspend Council Rule 15 to waive the 5 -day holdover for reconsideration of Bill 57. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. Page 22 Hawaii County Council -16 June 16, 2015 Bill 58: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance up to $99,750,000 in general obligation bonds, which includes $750,000 for the cost of issuance, for those public improvement projects authorized under Ordinance No. 14-82 (Capital Budget for Fiscal Year 2014- 2015). Reference: Comm. 328 Intr. by: Ms. Eoff First Reading: June 3, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 58 on second and final reading. Seconded by Ms. David. CHR KANUHA: Any discussion Council Members? Ms. Wille. MS. WILLE: Is there someone from Finance present in Hilo? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Yes. Deanna Sako, Director of Finance. MS. WILLE: Hi Deanna, can I ask you couple of questions? First perhaps introduce yourself. MS. SAKO: Deanna Sako, Director of Finance. MS. WILLE: Okay. I just want to ask how the process—this list went about. I know that according to the General Plan, really the Community Development Plan Action Communities, play a role in selecting the priorities for the CIP (Capital Improvement Plans) projects in their districts. And it's really the one empowerment area for the CDP (Community Development Plan) Action Committees. So I—sort of inquiring around, I don't know if any involvement on that level. And I just want to question you how this list came about. I know that there were things—in my South Kohala area there's nothing particular there in North Kohala. Anyway, so just on a general level, how was this list composed? Page 23 Hawaii County Council -16 June 16, 2015 MS. SAKO: I think in general, each department had the opportunity to submit projects that were ready to go. And they did submit those, but they're also looking at what they had available in previous bond issues. So some areas of the island where covered in prior bond authorizations such as North Kohala where they did receive some money specifically for some of the parks up there. MS. WILLE: Okay. Were the Action Committees consulted at all on this, or was there any involvement on that level? MS. SAKO: I don't know if Planning contacted them, or ask them or not. We do frequently get requests from the Action Committees. I don't know if any of these were those projects. MS. WILLE: Okay. They don't appear to be. At least from what I've checked. But okay, I just want to express that concern. So I also—looking at the different needs I know were getting close to the amount of the 15 percent that's recommended, and hopefully we'll still be able to do more in the coming year. I just trying not to"what about me" on a number of things, and—our people. So again, I think we have to look towards how we bring our revenues up, and not just how we do our expenditures. Thank you, I yield. CHR KANUHA: Thank you, Ms. Wille. Council Members, any other discussion on Bill 58? Hearing or seeing none, all in favor say "aye." MR. CHUNG: Mr. Chairman? MR. ONISHL Aye. CHR KANUHA: Oh, Mr. Chung. Sorry, we'll take that vote back. Mr. Chung, wanted to speak on that item. MR. ONISHL Ms. Wille, just wanted to know, what about my Comm. 328—my Comm. 328.8. I've decided not to make a motion to amend this bill. But if I could just explain what it was all about. We have a $100,000,000, close to it anyway, for various projects, Parks and Recreation, Public Works, and just about $2.5 for Housing, much of which is devoted to a revolving fund for a Kamakoa Nui I think. Anyway, and for other things, but I really thought that we should be trying to address homelessness. And that's why I wanted to infuse this bond float with $2,000,000 dollars to allow the administration some latitude, if and when they do come up with their plan to address homelessness. But I've since discussed this with Mayor Kenoi as well as his point man on this matter, Wally Lau. And they've assured me that they have enough resources to cover it, if and when it does develop. So relying upon that, I've decided to just not even bring this up. But I wanted to explain that to all of you. Page 24 Hawaii County Council -16 June 16, 2015 CHR KANUHA: Thank you, Mr. Chung. And I expected that in the beginning, when I asked for discussion. I was assuming that you weren't going to introduce this. So that's—thanks for explaining that though. Council Members, any other discussion on Bill 58? Hearing or seeing none, all in favor say "aye." Vote on Bill 58: The motion to pass Bill 58 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. Bill 59: 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 Grant – Coffee Berry Borer Pesticide Subsidy Program account ($450,000); and appropriates the same to the Coffee Berry Borer Pesticide Subsidy Program account. Funds would be used to offer subsidies to farmers who purchase pesticides to combat the coffee berry borer. Reference: Comm. 329 Intr. by: Ms. Eoff First Reading: June 3, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 59 on second and final reading. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff, any discussion? MS. EOFF: Not really, just to reiterate how important it is that we get a handle on the Coffee Berry Borer. So I'm very much in support of this appropriation. CHR KANUHA: Thank you, Ms. Eoff Mr. Onishi, anything to add? MR. ONISHL No. Just support please. CHR KANUHA: Thank you. Any other discussion, Council Members? Hearing or seeing none, all in favor say "aye." Page 25 Hawaii County Council -16 Vote on Bill 59: The motion to pass Bill 59 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. June 16, 2015 Bill 61: 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 ($5,000); and appropriates the same to The Food Basket Inc., Miscellaneous Contract Services account (grant to The Food Basket, Inc. — District 8). Funds would be used towards warehouse improvements and equipment at Na Kahua Hale O Uluwini. Reference: Comm. 331 Intr. by: Ms. Eoff First Reading: June 3, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 61 on second and final reading. Seconded by Ms. David. CHR KANUHA: Any discussion. Ms. Eoff MS. EOFF: Thank you, Mr. Chair. After we approve this, I will also ask for a motion to waive the 5 -day holdover. This needs to be taken care of before the end of this fiscal year. CHR KANUHA: Thank you, Ms. Eoff Any other discussion on Bill 61. Hearing or seeing none, all in favor say "aye." Vote on Bill 61: The motion to pass Bill 61 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 26 Hawaii County Council -16 CHR KANUHA: Motion passes. Ms. Eoff Vote on Motion to Ms. Eoff moved to suspend Council Rule 15 to waive the Suspend Council 5 -day holdover for reconsideration of Bill 61. Seconded Rules: by Mr. Paleka and carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. June 16, 2015 CHR KANUHA: Motion passes. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. FC -27 NOMINATION OF SUSAN E. FISCHER TO THE PUBLIC ACCESS, OPEN (Comm. 309): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor William P. Kenoi, dated May 7, 2015, submitting for the Council's review and confirmation the above nomination. Vote on FC -27: Ms. Wille moved to confirm the appointment of Ms. Susan (Adopted) E. Fischer to the Public Access Open Space and Natural Resources Preservation Commission. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, next item. FC -28 NOMINATION OF NYALA L. NEILL TO THE PENSION BOARD (Comm. 311): From Mayor William P. Kenoi, dated May 7, 2015, submitting for the Council's review and confirmation the above nomination. Page 27 Hawaii County Council -16 Vote on FC -28 (Adopted) Financial Report Vote on Financial Report: (Approved) REFERRALS FOR EXECUTIVE SESSION: Comm. 340 Mr. Paleka moved to confirm the appointment of Mr. Nyala L. Neill to the Pension Board. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, next item. June 16, 2015 Monthly Budget Status Report for the Month Ended April 30, 2015, from the Department of Finance. Ms. David moved to accept the Monthly Budget Status Report for the Month Ended April 30, 2015. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. The Chair directed the Council to proceed with the next order of business, Referrals for Executive Session. REQUEST TO AUTHORIZE THE USE OF SPECIAL COUNSEL TO ADVISE THE HAWAII COUNTY BOARD OF ETHICS IN MATTER RELATING TO PETITION 2015-08 From Corporation Counsel Molly A. Stebbins, dated June 2, 2015, requesting an attorney-client confidential discussion to consult with the Council regarding the use of one or more attorneys from Maui's Department of the Corporation Counsel to advise the Board of Ethics on the aforementioned petition, due to a potential conflict of interest within the County's Office of the Corporation Counsel. CHR KANUHA: Thank you, Mr. Clerk. I'm just going to go—maybe we can do this outside of Executive Session, and if we need to go to Executive Session we Page 28 Hawaii County Council -16 June 16, 2015 will. But, may I have a motion to authorize the use of Special Counsel to advise the Hawaii County Board of Ethics in the matter relating to Petition 2015-08. Motion to Authorize Ms. Eoff moved to authorize the use of Special Counsel to Special Counsel: advise the Hawaii County Board of Ethics in matters relating to Petition 2015-08. Seconded by Ms. Poindexter. Point of MS. WILLE: Point of Information. Information: CHR KANUHA: Yeah. MS. WILLE: And I think that's how I say this. We had made a decision that when we are putting matters up for Executive Session, we'd also put them in the regular portion of the agenda. So that it would be there, that we wouldn't necessarily just be showing them to the public. That they would only be in Executive Session. And we also said, that we would indicate the general area of what was going on, and not just a number of the case or number of a matter. And all of that is omitted on this one. CHR KANUHA: I think that's a good point to ask Ms. Stebbins, our Corp Counsel. There's certain aspects of why it needs to be numbered and omitted. But I think that's a good question to ask Ms. Stebbins. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha, County Council Members, Molly Stebbins, Corporation Counsel. Yes, for this particular request where we're asking for authorization to use assistance of Special Counsel from the Maui Department of the Corporation Counsel, in a matter pending before our Board of Ethics. I've identified the petition only by name, rather than the parties to the petition, because pursuant to Board of Ethics procedures at this point in the process, the identities of the parties is considered confidential due to privacy interests. So if we go into Executive Session, I'd be happy to explain more the nature of the conflict, which is thus the reason for the request for Special Counsel. And this is a little different fromI know we were here not too long ago with a similar request. I think it's just a coincidence. I certainly hope this doesn't become a frequent pattern, but in that case we were asking for assistance, where we had a potential conflict in the Ethics complaint filed against the Mayor. And in that matter, the individual who filed the complaint had identified himself and the matter was all very much in the public domain, so there wasn't the privacy concern. But here, that's why we're asking for Executive Session. Page 29 Hawaii County Council -16 June 16, 2015 MS. WILLE: Okay, but my question is not to identify the parties. But to identify the nature of what is going on, the general nature of what it is. That we're not so I would think that some general statement as to what it pertains to would be appropriate. And not that we've decided that this matter is so secretive we can't even give any indication of the scope or the type of the matter that's going on. MS. STEBBINS: I think really all that I feel comfortable saying in open session is that based on the position and identity of the person who's being complained against, our office would have a potential conflict in advising the board. MS. WILLE: Say that one more time. Why can't you put something that we have on the agenda. What the general nature could be "complaint"I mean just any kind of—indicate that it doesn't have to with a car accident. I mean there's nothing here, it's just a number. Some indication of what we're talking about. MS. STEBBINS: Well we know it's a Board of Ethics petition. MS. WILLE: Great. That doesn't say anything. I mean the whole point is to indicate what it has to do with. Anyway I object to there not being some type of statement for the public to know, the general nature of what we're addressing. So just for the record. CHR KANUHA: Thank you, Ms. Wille. And also this is just authorizing the use of Special Counsel to advise, because they feel that there's a potential conflict between one of their Counsels in this particular case. Whether it be anything discussed on the Ethics complaint I think the general communication that we're about to authorize is the use of Special Counsel, for a specific complaint. Mr. Chung. MR. CHUNG: Yes, Mr. Chairman. CHR KANUHA: Bring in your microphone. MR. CHUNG: Sorry. Yeah, and really I'm in favor of going into Executive Session, but just as clerical matter I'm just wondering how come we never got any materials on this. Anybody? CHR KANUHA: No. Usually we get the materials from the Corp. Counsel's office on these matters, but in this case— MS. STEBBINS: Yeah, I didn't provide any background materials under confidential attorney-client privileged in this case. I just sent a cover letter. CHR KANUHA: And of course, Mr. Chung, I think if you—we want to hear more about this particular case, we can move into Executive Session, which is completely fine. Anybody want to discuss this matter? Because I think the Page 30 Hawaii County Council -16 June 16, 2015 consensus of previous Council Members is that we do move into Executive Session. But before we do, I'd like to give the opportunity to Ms. David. Point of MS. DAVID: Yes, I was just—point of clarification for me. And the reason in Clarification: my mind from what I'm hearing, that in order if you describe even briefly what this matter is, that would be breaching, almost, the confidentiality. So unless we go into Executive Session, then we'll find out what that is. MS. STEBBINS: Yes that's accurate, and if I could just add that MS. DAVID: Thank you. MS. STEBBINS: And also Deputy Corporation Counsel J Yoshimoto is in Hilo. He is the regular Counsel for the Board of Ethics, so he may be able to add or clarify to what the Board of Ethics procedures are. But when they do initially receive this petition, I think it would be at their July meeting, at that point they'll decide some different options for proceeding, which will include inquiring with the parties if they'd like an open or closed hearing. Sometimes those hearing are open, in which case the identities of the parties are public. I'm trying to respect the process of the Board of Ethics, what they follow at this point, where they keep the identities of the parties private. CHR KANUHA: Thank you, Ms. David. Any other discussion, Council Members? Okay. Point of CHR KANUHA: Point of Procedure, Mr. Clerk. Do we need to remove the Procedure: current motion? Withdraw the current motion? MR. HENRICKS: No, you can just go ahead and make an additional motion to enter into Executive Session. CHR KANUHA: Okay. Ms. Eof£ MS. EOFF: Thank you, Mr. Chair. I'd like to move to convene into Executive Session regarding Comm. 340 pursuant to Section 92-5(a)(4) for the purpose of consulting with our attorney. Page 31 Hawaii County Council -16 June 16, 2015 Vote on Motion to Ms. Eoff moved to enter into Executive Session in order to Enter into Executive hold attorney-client privilege discussion regarding Comm. 340 Session: as authorized by Section 92-5(a)(4) of the Hawaii Revised (Approved) Statutes. Second by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: We are now in Executive Session. Recess: At 12:04 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:16 p.m. CHR KANUHA: Okay, we are out of Executive Session. Hilo can you hear us? Fresh can you hear us? MS. FIGUEIRA: Yes, we can hear you. CHR KANUHA: Okay. Currently the motion on the floor is to authorize the use of Special Counsel to advise the Hawaii County Board of Ethics in matter relating to petition 2015-08. Is there any discussion? Hearing or seeing none, all in favor say "aye." Vote on Motion to: The motion to authorize the use of Special Counsel to advise Authorize Special the Hawaii County Board of Ethics in matters relating to Counsel: Petition 2015-08 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) Page 32 I [awai'i County Council -16 June 16, 2015 ANNOUNCE- The Chair directed the Council to proceed to the next order of business. MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 12:19 p.m., Mr. Ilagan moved to adjourn MENT: the meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoft. (lagan. Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR. KANUH.A: We are adjourned Thank you, Council Members. Council Approval: June 15, 2016 ti� l�C COUNTY ERK SM/rk Page 33