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HomeMy WebLinkAboutMIN COUNCIL 2014/12/01 2014-2016 NewHAWAII COUNTY COUNCIL I" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 1, 2014 INVOCATION: Deacon Larry Ignacio of the Catholic Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 3:10 p.m., in the Council Chambers, Hilo, by Billy Kenoi, Chair Pro -Tem. PLEDGE OF The Chair Pro -Tem directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) STATEMENTS The Chair Pro -Tem directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: CHR. PRO -TEM KENOL At this time, we will take up statements from the public on agenda items. JOYCE FOLENA: The Chair called on Ms. Joyce Alberta Folena, who made statements regarding Resolutions 1-14 (comment). GREGORY T. The Chair called on Mr. Gregory T. Smith, who made statements regarding SMITH: Resolutions 1-14 (comment). JOY CASH: The Chair called on Ms. Joy Cash, who made statements regarding Resolution 7- 14 (comment). CHR. PRO -TEM KENOL As the Council Chair, I cannot talk? I can talk? I'm only supposed to listen? MS. POINDEXTER: You're only supposed to listen. CHR. PRO -TEM KENOL I'm sorry. MS. CASH: You can talk to me after, Billy. CHR. PRO -TEM KENOL I got to talk to you after this. We got to talk. I like know which bathrooms— Hawaii County Council -1 December 1, 2014 MS. CASH: I'd be happy to talk to you afterward, yeah. CHR. PRO -TEM KENOL Very important—clean bathrooms to me. MS. CASH: Well, and workable ones, you know. CHR. PRO -TEM KENOL We go talk after. I go help you out. MS. CASH: We talked about toilets. CHR. PRO -TEM KENOL You tell me which ones, I go make sure nice. Okay, sorry. Thank you very much, Ms. Cash, and I look forward to talking to you after. MS. CASH: Good. CHR. PRO -TEM KENOL If I may recognize any speakers. Councilman Chung. MR. CHUNG: I may be speaking out of order but I wanted to make one comment. Thank you very much for coming here and speaking about specifically the bathrooms. I wanted to recognize the efforts of our Mayor in that regard. I don't know how many of you have gone to the Mauna Kea Park recently but that place is wonderful. Thank you very much. CHR. PRO -TEM KENOL Oh no, that's—thank you. People who deserve it Clayton Honma, back there, Ken Van Bergen, I know, James Komata, Parks and Recreation. Wonderful job, Mauna Kea. MR. CHUNG: I just wanted to bring that up. I mean even if I may be out of order, but I wanted to recognize his efforts because they are doing whatever they can to upgrade all of those bathrooms. MS. CASH: We're going to do a lot more though. CHR. PRO -TEM KENOL Oh absolutely. Absolutely. I want to make sure that every senior, every child, every family that uses a restroom, deserves to have it be clean and be respectful. I think it's our County government's way of showing respect to our community. The least we can do. MS. CASH: Thank you. CHR. PRO -TEM KENOL So, just because I was the Chair, I wasn't sure if I could. I'd like to do one thing out of order. I never will get to do this as the Chair. So, I going off script. I'd like to call up someone, I think, who would be nice to really recognize. I've worked with him the entire time I've been—on Page 2 Hawaii County Council -1 December 1, 2014 County Council and he's our outgoing County Council Chair, J Yoshimoto. J? Come up J. Come up. (Note: At this time, former Council Chair J Yoshimoto, came forward to address the members of the Council.) You know J has always been a true gentleman. Humble, hardworking, kind and respectful to everybody. Whether you agreed or disagreed with J, he was always, I thought, the consummate gentleman in politics. And I just wanted to call him up and maybe ask every Council Member here if they wanted to say aloha. But I know there's a certain finality to politics sometimes when you step off and to see J, I just wanted to tell you myself and I'll pass it around to current Council no need—too long by J. I wish you nothing but success going forward, to your wife and your children who, of course, as we all know, it's not just us as individuals who sacrifice, it's our family. And I know you termed out along with Councilwoman Ford and you put in your eight years and successful campaign and elections. But I just wanted to personally thank you for all of your hard work on behalf of the people of the County of Hawaii. Thank you, J. MR. YOSHIMOTO: Thank you. Does this mean I have more than three minutes or no? CHR. PRO -TEM KENOL Go ahead J. I wanted to give you an opportunity to say a few words to this body, as its leader these many years. MR. YOSHIMOTO: Well thank you. Thank you, Mr. Mayor. Council Members, this is totally impromptu. Want to let you know I didn't even CHR. PRO -TEM KENOL He has no idea. MR. YOSHIMOTO: I had no idea. But the message is the same as we all heard. You know, you've all run tough campaigns. You're dedicated to the community, you stepped up to the plate; and you know, you're embarking on an adventure together, you know, the nine of you. I know that you'll paddle in the same direction because it's in the best interest of the people. And when you think about our community, someone talked about the diversity that we have here, the spirit of aloha, you know it rings true and strong. I'm truly—am very proud of each and every one of you for putting yourselves forward. You know to run for office, to get elected, willing to listen to new ideas, get people involved. And, you know, while we're the lowest form of government here locally, I think we're the strongest because we're the closest to the people. I can't think of a place more welcoming, you know, than our County here, really. And that's not an insult to everyone else. I think it's just how good we have it here. So I just want to thank all of you to keep on doing the hard work. I think it's really important Page 3 Hawaii County Council -1 December 1, 2014 that, you know, people such as yourself are willing to take the time, sacrifices that you have, you know, for your family life, for other things; it's really important to everyone and we're very, very grateful and appreciative of everyone here. Thank you. CHR. PRO -TEM KENOL Thank you, J. Oh, you guys all did, oh I missed everything this morning. Sorry, J. MR. YOSHIMOTO: They had their shot. CHR. PRO -TEM KENOL I missed the whole session already. Oh. But thanks J, I saw you back there and I APPOINTMENT The Chair Pro -Tem directed the Council to the next order of business, OF TEMPORARY Appointment of Temporary Clerk. CLERK: CHR. PRO -TEM KENOL I hereby appoint Stewart Maeda as Temporary County Clerk. That's the next part in my script. I guess all this is pau I—and appoint you temporary. APPOINTMENT The Chair Pro -Tem directed the Council to the next order of business, OF Appointment of Credentials Committee. CREDENTIALS COMMITTEE: CHR. PRO -TEM KENOL I would at this point—also like to appoint Council Member's Eoff, Kanuha and Poindexter to the Credentials Committee and ask Council Member Eoff to serve as Chair. The Credentials Committee will examine the credentials of the Council Members and report back to this body. If there are no objections to the appointments, we will take a brief recess. I hereby call a brief recess. RECESS: At 3:26 p.m., the Chair Pro -Tem called for a recess. RECONVENE: The meeting reconvened at 3:28 p.m. CHR. PRO -TEM KENOL I now call this meeting back to order. Is the Credentials Committee ready to report? REPORT OF The Chair Pro -Tem directed the Council to the next order of business, Report of CREDENTIALS Credentials Committee. COMMITTEE: MS. EOFF: Yes, sir. I want to thank Council Members Kanuha and Poindexter in helping me to review the credentials. Mr. Chair, your Credentials Committee, Page 4 Hawaii County Council -1 December 1, 2014 to which was charged the duty of examining the credentials of the persons who will serve on the County Council for the 2014-2016 term, reports as follows. We received and examined the certification and report from Stewart Maeda, the County Clerk, and your Committee has determined the following persons were duly elected and sworn in as members of the Hawaii County Council. From District 1 -Valerie T. Poindexter, District 2 -Aaron Chung, District 3 - Dennis "Fresh" Onishi, District 4-Greggor Eagan, District 5 -Danny Paleka, District 6-Maile "Medeiros" David, District 7-Dru Mamo Kanuha, District 8 - Karen Eoff, and District 9 -Margaret Wille. It is signed by all three members of the Committee and the report is hereby submitted for approval, Mr. Mayor. CHR. PRO -TEM KENOL Thank you very much. Can we have a motion to adopt the report of the Credentials Committee? Motion to Approve: Ms. Eoff moved to adopt the Report of the Credentials Committee. Seconded by Ms. Poindexter. CHR. PRO -TEM KENOL Mr. Clerk, please call the roll. The roll vote to adopt the Report of the Credentials Committee Report, was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. MR. MAEDA: All members are present. CHR. PRO -TEM KENOL Okay, the Clerk will call the roll after adoption of report. Motion is carried. Credentials Committee is hereby discharged. MR. ILAGAN: Mr. Mayor, if we could do a point order—actually a recess real quick? A five-minute recess. Thank you. MR. PRO -TEM KENOL Okay. Sure. We hereby call a five-minute recess. RECESS: At 3:31 p.m., the Chair Pro -Tem called for a recess. RECONVENE: The meeting reconvened at 3:32 p.m. Page 5 Hawaii County Council -1 December 1, 2014 Motion to Approve: Ms. Eoff moved for the approval of the Credentials Committee Report. Seconded by Ms. Poindexter. CHR. PRO -TEM KENOL Okay, that was to call the roll—that was a motion. Can I have a vote on the motion, to adopt the report of the credentials committee? Mr. Clerk. The roll vote to approve the Report of the Credentials Committee Report, was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. MR. MAEDA: Chair, you have nine ayes. CHR. PRO -TEM KENOL Thank you very much. The motion is carried. The Credentials Committee is hereby discharged. Would the Clerk call the roll for the newly elected Council Members? That's where we're at. I went to law school just for know that. MR. MAEDA: We're good? ROLL CALL: Present: Council Member Aaron Chung Council Member Maile "Medeiros" David Council Member Karen Eoff Council Member Greggor Eagan Council Member Dru Mamo Kanuha Council Member Dennis "Fresh" Onishi Council Member Danny Paleka Council Member Valerie Poindexter Council Member Margaret Wille MR. MAEDA: Chair, all nine members are present. CHR. PRO -TEM KENOL Thank you very much. As each of the Council Members stated themselves, too, "I'm glad he is the Mayor and not the Council Chair." Let's proceed to the next order of business, Order of Resolutions. Mr. Clerk. Page 6 Hawaii County Council -1 December 1, 2014 ORDER OF The Chair Pro -Tem directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. RESOLUTION DESIGNATES THE COUNCIL CHAIR NO. 1-14 Designates Dru Mamo Kanuha as the Council Chair. (Introduced by (COMM. 1): Mr. Kanuha.) Motion to Approve: Ms. David moved to adopt Resolution 1-14. Seconded by Ms. Poindexter. CHR. PRO -TEM KENOL Mr. Clerk, could we please have a vote on the motion? Resolutions 1 to 14—oh, discussion. Is there any discussion? Do I have to identify or can we go from right to left? MS. POINDEXTER: Can I say something? You asked for discussion, so can I please, Mr. Chair? CHR. PRO -TEM KENOL Recognize Council Woman Poindexter. MS. POINDEXTER: I'd like to say that I want to support Dru Mamo Kanuha for Council Chair. And I think with his young leadership and a lot of new ideas and I would like to say his Hawaiian heart and the values, that he would have the peoples' best interests at heart. And I know that he is fair and he looks for balance. So, I am definitely supporting this nomination. Thank you. CHR. PRO -TEM KENOL Is there any further discussion? Council Member Ragan. MR. ILAGAN: Thank you, Mr. Chair. I just wanted to point out that Council Member Eoff had her light on. But, thank you for recognizing me. I really CHR. PRO -TEM KENOL deleting the first project from the MR. ILAGAN: I should turn off my mic before any other projects get deleted, just to be on the safe side. I just want to say, that the word young is going to be repeated a lot this term and it's going to be a good connotation. It's going to bring that energy, it's going to bring the fresh ideas, and I'm very happy. And I'm very glad to be able to vote on Council Member Dru Kanuha, as the next Chairman for this Council. And I believe he would be the youngest Chair ever in the history of the County Council and that is such an achievement, because it shows his maturity. It shows that as a young person, he can lead. And as the youngest in the Council, I want to show my support for him and I want to make sure that this does become one of the best Council terms I've ever served on. Thank you. Aloha. CHR. PRO -TEM KENOL Councilwoman Eoff. Page 7 Hawaii County Council -1 December 1, 2014 MS. EOFF: Thank you, Mr. Chair. Yes, I want to strongly support Mr. Kanuha for Chair of the Council. I think this is not only is he may be the youngest Chair that the Council has seen, but this is the first time we've had a Chairman from Kona. And I think this is partially due to, it's just timely, but we have the means to accomplish with the video conferencing, the technology that we have today. And even though the island is big, we have not only the new Saddle Road, but we have technology to help us bridge the two sides of the island. And I think Mr. Kanuha will do an excellent job in promoting that and furthering the work that the Mayor has done, as well to bring the island together as one. So I'm really looking forward to this term, and I'll do everything I can to support Mr. Kanuha and the rest of the Council Members as well. So, thank you. CHR. PRO -TEM KENOL Any further—may I recognize Councilwoman Maile "Medeiros" David. MS. DAVID: Thank you Mayor. I, too, would really like to express my sincere support for Dru Mamo Kanuha. I believe Dru brings to this Council, not only his age, but I believe he brings generational ties of what this island represents through his family and through his family's commitment to this island and their community. I really believe that Dru, as Chair, will bring that balance that everybody's talking about because he believes in it. And I support him, and I understand, and I know, that that's where his true heart is. So as a Chairman, I would love to give our young people the opportunity to lead our community, because we as kupuna or junior kupuna, we always speak of having our young people take the reins. We want to teach them to be responsible and I think Dru is an excellent example of this and I support him as Chair. Thank you. CHR. PRO -TEM KENOL Thank you. Any further discussion? Okay, may we have—Mr. Clerk, may you call for a vote on Resolution 1-14? The roll call vote on Resolution 1-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. MR. MAEDA: Chair, we have nine ayes. Page 8 Hawaii County Council -1 Relinquish Chair RECESS: RECONVENE December 1, 2014 CHR. PRO -TEM KENOL Thank you very much. Bruddah, you got to say that louder. Resolution 1-14 is adopted. Congratulations, Chair Kanuha. Will you please come forward and accept the County Council Chair position? At this time, Chair Pro -Tem Kenoi relinquished the chair to Chair Kanuha. CHR. PRO -TEM KENOL Congratulations to the Hawaii County Council. Congratulations. CHR KANUHA: We'll take a brief recess. At 3:40 p.m., the Chair Kanuha called for a recess. The meeting reconvened at 3:42 p.m. CHR KANUHA: We're now out of recess. Thank you Mr. Mayor Mr. Kenoi, for presiding over this meeting. You did a fabulous job. Okay, Mr. Clerk, please read Resolution 2-14 into the record. RESOLUTION DESIGNATES THE COUNCIL VICE CHAIR NO. 2-14 Designates Valerie T. Poindexter as the Council Vice Chair. (Introduced by (COMM. 1): Mr. Kanuha.) Motion to Approve: Ms. Eoff moved to adopt Resolution 2-14. Seconded by Mr. Eagan. CHR KANUHA: Any discussion? Seeing Ms. Wille's light on. MS. WILLE: Yeah. Could we do voice votes? Is that— CHR KANUHA: Yeah, we don't have to have a motion. We haven't adopted the rules yet, so. MS. WILLE: Okay. CHR KANUHA: Any other discussion? Mr. Ilagan. MR. ILAGAN: Oh I do, I have a comment. I just want to thank you, Mr. Chair. I just want to mention, also, that Council Member Poindexter—now every time I looked at you after the talk that we had, I look at you as the mother of the Council. So, now as the Vice Chair, I could see you as the mother of the Council. But I'm very fortunate because you bring out a lot of experience and you have been in a lot of boards. Why I mention that is because Council Member Kanuha is going to be on the west side and he's going to need somebody on the east side, to help him out with things that is related with the Council. And with you as his right hand person, I believe it's a good partnership because where he can't make it to the east Page 9 Hawaii County Council -1 December 1, 2014 side, you are able to make it to the east side. And I believe this collaboration will be a great one and I just want to say congratulations. I know we haven't voted yet, but I feel like you're the right person for the job. So, thank you. CHR KANUHA: Thank you, Mr. Eagan. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I, too, want to support Ms. Poindexter. I think this is a great—as Mr. Eagan stated, a way to balance the roles and the leadership. Having Ms. Poindexter on this side will definitely be a big support too to the Chair. And I just wanted to give my strong support. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Oh, Ms. David. MS. DAVID: Aloha. Ms. Poindexter has my utmost support. And I believe that Ms. Poindexter, as Vice Chair, will not only bring that balance that our Chair is talking about to this Council, but I believe that with two brand new Chair and Vice Chair we're now on the road to sharing the responsibility of a nine member Council. So, we give each—everyone a chance to lead and to learn the job. So, congratulations and I support you a hundred percent. CHR KANUHA: Thank you. Seeing no other discussion, we'll do a voice vote. All in favor say "aye." The voice vote on Resolution 2-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 2-14 is adopted. Mr. Clerk, Resolution 3-14 RESOLUTION APPOINTS THE COUNTY CLERK NO. 3-14 Appoints Stewart Maeda as the County Clerk. (Introduced by Mr. Kanuha.) (COMM. 1): Motion to Approve: Mr. Eagan moved to adopt Resolution 3-14. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Ms. Eoff Page 10 Hawaii County Council -1 December 1, 2014 MS. EOFF: Thank you. We are very, very lucky to have Mr. Maeda returning as County Clerk. The last two years has shown us what a diligent County Clerk can do for the Legislative Branch. I think we've made our work place function better than before; or let's say not better, but efficiently and fairly. And I believe Mr. Maeda's background has brought that to the Legislative Branch. I guess I could just take quick opportunity to thank Maile "Medeiros" David, too, for her work as Deputy County Clerk in this past two years because together the team of Mr. Maeda and Ms. David has really proven successful. So I hope we continue on in that same spirit. I love working with you and appreciate that you're willing to return and take this appointment. So, thank you. CHR KANUHA: Thank you, Ms. Eoff. I don't know which one was first over there. Ms. David. MS. DAVID: I'll be really quick. It was a privilege for me to serve with Mr. Maeda. Not having known him until I started the Deputy Clerk job, but I believe he's a very fair and impartial person. I believe he brings stability to this organization as far as the staff is concerned. And I think it'll be a great organization under his lead. And I support him 100 percent because I know that he's very qualified and he's a fair man. Thank you. CHR KANUHA: Thank you very much. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Great Mr. Maeda's going to be the County Clerk because he really brings in a different; I want to say the human side in government because Mr. Maeda's really great with the staff And one of the things that I remember when he first got in was reading the resolutions and the bills. And now he's a professional, he can just read it without even looking. So he not only brings his experience from before, but we get to really have stability in the Council. And with his leadership in the Council Services side, you really have great staff under you, Council Chair. So great pickings, thank you. CHR KANUHA: Thank you, Mr. Eagan. Ms. Poindexter. MS. POINDEXTER: Yeah. I'm definitely glad that you'll be back on board. I believe that the continuity is critical to what, you know, like what Council Member Maile David said about how you're fair and you bring balance also. And the staff needs you. So the continuity for me is very important. And with your background in social services and I know you do mediation as well, yes? I think that's a great skill set for that position as an administrator. So, thank you for stepping up and wanting to serve again. CHR KANUHA: Any other discussion? Hearing or seeing none, we'll do a voice vote. All in favor say "aye." Page 11 Hawaii County Council -1 December 1, 2014 The voice vote on Resolution 3-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 3-14 is adopted. Judge Ibarra, would you please swear in the County Clerk? ADMINISTRATION At this time, the Honorable Judge Ronald Ibarra came forward to administer the OF THE OATH OF Oath of Office to Mr. Stewart Maeda. OFFICE TO COUNTY CLERK: CHR KANUHA: Thank you. Congratulations, Mr. Clerk. And mahalo, Judge Ibarra. Okay, let's move on to Resolution 4-14. RESOLUTION ADOPTS THE RULES OF PROCEDURE AND ORGANIZATION OF THE NO. 4-14 COUNCIL OF THE COUNTY OF HAWAII (COMM. 1): (Introduced by Mr. Kanuha.) Motion to Approve: Ms. Wille moved to adopt Resolution 4-14. Seconded by Mr. Eagan. CHR KANUHA: Ms. Wille, you have the floor. MS. WILLE: Yes. I want to say that I appreciate that we are retaining our same rules for the time being so that rule changes will be done in public here with public participation and public comments. Previously, they were part of the organizational meeting and we decided on new rules and voted those in. And I do have some amendments that I'm planning to make; little nudges and nuances here and there. But I just want to say that I appreciate that everyone on the Council was agreeable that we do changes in public and engage—allow for public comments on those. So, thank you. I yield. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say "aye." Page 12 Hawaii County Council -1 December 1, 2014 The voice vote on Resolution 4-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 4-14 is adopted. Okay, we'll move on to Communications, Mr. Clerk. Is that where—we're on? Oh, sorry, Resolution 5-14. I apologize. RESOLUTION APPOINTS MEMBERS OF THE COMMITTEE ON FINANCE AND NO. 5-14 DESIGNATES THE CHAIR AND VICE CHAIR THEREOF (COMM. 1): Designates Council Members Karen Eoff as Chair and Valerie T. Poindexter as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Motion to Approve: Ms. David moved to adopt Resolution 5-14. Seconded by Mr. Paleka. CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 5-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 5-14 is adopted. Resolution 6-14. RESOLUTION APPOINTS MEMBERS OF THE COMMITTEE ON PLANNING AND NO. 6-14 DESIGNATES THE CHAIR AND VICE CHAIR THEREOF (COMM. 1): Designates Council Members Greggor Eagan as Chair and Maile David as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Page 13 Hawaii County Council -1 December 1, 2014 Motion to Approve: Ms. Paleka moved to adopt Resolution 6-14. Seconded by Ms. Poindexter. CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 6-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Six—Resolution 6-14 is approved. Resolution 7-14. RESOLUTION APPOINTS MEMBERS OF THE COMMITTEE ON PUBLIC WORKS AND NO. 7-14 PARKS AND RECREATION AND DESIGNATES THE CHAIR AND (COMM. 1): VICE CHAIR THEREOF Designates Council Members Valerie T. Poindexter as Chair and Dennis "Fresh" Onishi as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Motion to Approve: Mr. Onishi moved to adopt Resolution 7-14. Seconded by Ms. Eoff CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 7-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 7-14 is adopted. Mr. Clerk, Resolution 8-14. Page 14 Hawaii County Council -1 RESOLUTION NO. 8-14 (COMM. 1): December 1, 2014 APPOINTS MEMBERS OF THE COMMITTEE ON ENVIRONMENTAL MANAGEMENT AND DESIGNATES THE CHAIR AND VICE CHAIR THEREOF Designates Council Members Dennis "Fresh" Onishi as Chair and Margaret Wille as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha) Motion to Approve: Ms. David moved to adopt Resolution 8-14. Seconded by Ms. Poindexter. RESOLUTION NO. 9-14 (COMM. 1): Motion to Approve CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 8-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 8-14 is adopted. Mr. Clerk, Resolution 9-14. APPOINTS MEMBERS OF THE COMMITTEE ON AGRICULTURE, WATER, AND ENERGY SUSTAINABILITY AND DESIGNATES THE CHAIR AND VICE CHAIR THEREOF Designates Council Members Margaret Wille as Chair and Valerie T. Poindexter as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Ms. Eoff moved to adopt Resolution 9-14. Seconded by Mr. Onishi. CHR KANUHA: Is there any discussion? Mr. Eagan, your light's on. Do you have anything to discuss? MR.ILAGAN: No. CHR KANUHA: Any other? All in favor say "aye." Page 15 Hawaii County Council -1 December 1, 2014 The voice vote on Resolution 9-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 9-14 is adopted. Yes? MR. ILAGAN: Reconsider Resolution 4-14, if I can get a second? Resolution 4-14, its adoptions of rules and procedures. MS. POINDEXTER: What are you asking for? MR. ILAGAN: Could I move for reconsideration of Resolution 4-14? MS. POINDEXTER: Is that a motion oris that a motion; though? CHR KANUHA: That's a motion. Is there any second? If not we're going to move on. MS. POINDEXTER: Second. Motion to Mr. Eagan moved to reconsider the vote taken on Resolution 4-14. Seconded by Reconsider: Ms. Poindexter. CHR KANUHA: Okay. MR. ILAGAN: If I may? The CHR KANUHA: Yeah. MR. ILAGAN: on the reconsideration? The reason why I'm doing a reconsideration is from what Council Member Wille just mentioned, is that there's no changes on the rules of procedures. But I'm looking over the rules and procedures and I there are some changes. I want to make sure that we didn't just adopt any rules that wasn't made previously. And the reason why I bring this up is because I don't want to start off in the wrong foot for our first Council. If there are changes on this rules of procedures then I would recommend postponing this to another matter and then we can have more of a debate, if there Page 16 Hawaii County Council -1 December 1, 2014 were any changes. But if this was from before, then my reconsideration, I would withdraw that. However, if there are any changes within these rules then I would open the reconsideration and then do a postponement on another Council day so we can have more discussion on those rules. But I just want to emphasize that I don't want to start off on the wrong foot. And I don't want to adopt any rules that the public has not been aware of. And I just want to make this motion in that precaution because I went and referred back to our old rules, I see some changes. And I'm sorry to be a party pooper for this, I just feel like it's my responsibility as a Council Member to do this. Thank you. CHR KANUHA: Thank you, Mr. Eagan. There is a motion to reconsider the vote. MR. ILAGAN: If you could clear it up. I'm not sure if I'm wrong or if I'm right. CHR KANUHA: Right now we're on the motion to reconsider. So, we'll just go with the reconsideration. Mr. Clerk. MR. CHUNG: Are we in discussion mode yet? CHR KANUHA: Yeah, we're in discussion. MR. CHUNG: May I make a comment? CHR KANUHA: Sure. MR. CHUNG: Yeah. I mean, I'm—and could I address this to Mr. Eagan or either the Chair. You know, Mr. Chairman, I voted in favor of the motion previously based on the representations made by Ms. Wille that there were no changes. Now, I don't know if I should be addressing Mr. Eagan to see what he's seeing or if I should be asking the introducer of this, if there are, in fact, any changes. Because if there are, I certainly would like to know what they are because this is not ramseyered or anything, and I'm just assuming there are no changes. CHR KANUHA: No. I would hope that from what—okay, I'll go. I would hope that everybody had a chance to read the rules of procedure first. I know there was, yeah—we'll take a brief recess. RECESS: At 4:00 p.m., Chair called for a recess. RECONVENE: The meeting reconvened at 4:03 p.m. CHR KANUHA: Okay, we're out of recess. Discussion on the reconsideration. Page 17 Hawaii County Council -1 December 1, 2014 MR. CHUNG: Do I still have the floor? I still haven't gotten an answer as to whether any changes were made. And Mr. Chairman, respectfully, I know you said that, you know, we're all obligated to read the rules prior to this meeting. But, you know, I don't think without it being ramseyered, there's no way to tell what's new and what's old. Unless there are no changes as we had previously thought. So Mr. Chairman, you as, you know, the introducer, if you could just say there's no changes or if there are some changes, explain what they are. And then we can make a decision on this. CHR KANUHA: Okay, I consulted, can I—may I have the floor? MR. CHUNG: Sure. CHR KANUHA: I consulted with our soon-to-be Deputy Clerk about the possible changes and there was an amendment that went through. That's when it changed these rules of procedure. But, you know, it wasn't meant to be that way. And so, you know, I can just explain the amendment currently right now. But I told themI told the staff to go change it back to how—originally it was. MS. WILLE: Right. CHR KANUHA: So that we can all move forward with this—the rules of procedure. And then we can go through with the amendments at a later date. Mr. Chung. MR. CHUNG: So what are we going to do now? CHR KANUHA: We are going to table this until MR. CHUNG: Okay. CHR KANUHA: Is that okay with staff, if we table this until the end? Okay. MR. MAEDA: That's fine. CHR KANUHA: If that's okay with the Council. Mr. Paleka. MR. PALEKA: Point of question, sir. I'm justso our standing rules would be the old rules we had before these amended rules? CHR KANUHA: Correct. Ms. Wille. MS. WILLE: I want to thank Council Member Ragan for bringing this up. I did not read these rules and I did not expect to have to read these rules since at our the five of us that were present at the organizational meeting decided we would Page 18 Hawaii County Council -1 December 1, 2014 not be making any amendments. I did have some amendments I wanted to bring and preferred, as we're now doing to bring them where there would be public the public would be able to weigh in on those and promote open government and transparency. So I have no idea what's been changed here and I definitely would have been upset regardless of what it was. So Council Member Greggor Eagan, thank you very much. I appreciate this. CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. If I may, ask the point of procedure. Do we need to open up Resolution 4-14 and then table it? Or do we, since it's already passed right now, should be—could I ask the CHR KANUHA: You're currently—you had a motion to reconsider on the table. MR. ILAGAIN: Okay. CHR KANUHA: which was seconded. MR. ILAGAN: And right now, I just wanted to ask what would be the best way to do this? Because if we can just move along get on with our appointments, I would be more than happy to get that going. CHR KANUHA: Ms. Wille. MS. WILLE: I didn't understand that. Are you saying that we table this so that we vote on it afterwards? Are we approving our rules as they currently exist, not as whatever is in here? MR. ILAGAN: My understanding it already had been voted in. So we have adopted these rules. The only way to be able to reverse that is to reconsider it. So we open it back up and then we table it until later. MS. POINDEXTER: Yeah. You're right. MR. ILAGAN: or we postpone it until later. MS. WILLE: That sounds—so I just want to say, I support that. MR. ILAGAN: I already made the motion. MS. WILLE: Okay. CHR KANUHA: Okay. Page 19 Hawaii County Council -1 December 1, 2014 MS. WILLE: I just wanted to be clear on what it was. CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan still has the floor. MR. ILAGAN: I just want to say if we could get that going and let's move on. MS. POINDEXTER: Okay. CHR KANUHA: Ms. Poindexter? MS. POINDEXTER: I was going toI'll wait for everybody, too, because I was going to call for the question to reconsider. MS. WILLE: Yeah. MS. POINDEXTER: Motion to reconsider. Okay, call for the question. Call for the Ms. Poindexter moved to call for the question. Seconded by Mr. Eagan. uestion: CHR KANUHA: Okay. A motion has been to call the question. Mr. Clerk, on the motion to reconsider. The roll call vote on the call for the question was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. MR. MAEDA: Chair Kanuha, you have nine ayes on call for the question for the reconsideration. CHR KANUHA: Thank you. So, motion for reconsideration passes. Now it's call for the question, oh sorry, that was a call for the question. Now, for the motion to reconsider. Page 20 Hawaii County Council -1 December 1, 2014 The roll call vote to reconsider Resolution 4-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. MR. MAEDA: Chair Kanuha, you have nine ayes for the motion to reconsider. CHR KANUHA: Thank you, Mr. Clerk. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Motion to Table Mr. Eagan moved to table Resolution 4-14 to the end of the day. Seconded by Resolution 4-14: Ms. Eoff CHR KANUHA: Mr. Clerk. Oh, Mr. Onishi, sorry. MR. ONISHL Mr. Chair, I just had a question to the Clerk because these are our rules, right? And so the rules that we had before, was the past Council's rules. So, if we don't pass something today, we don't have any rules correct, Mr. Clerk? MR. MAEDA: That is correct? MR. ONISHL So, we just be going without rules? MS. WILLE: We're tabling it to the end of the session. CHR KANUHA: No. MS. EOFF: We're going to adopt them before we're done. CHR KANUHA: We're going to adopt them today. MR. ONISHL Okay. Or not do what you're requesting, where we're going to go to, like, the 17th? CHR KANUHA: No. MR. ONISHL Okay, thanks. Page 21 Hawaii County Council -1 December 1, 2014 CHR KANUHA: Thank you. Okay, it's been—the motion to table by Mr. Eagan and seconded. Mr. Clerk. The roll call vote to table Resolution 4-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. MR. CLERK: Chair Kanuha, you have nine ayes. It's the motion to table. CHR KANUHA: Thank you very much. Mr. Clerk, are we on Resolution 10-4? MR. MAEDA: Yes. RESOLUTION APPOINTS MEMBERS OF THE COMMITTEE ON PUBLIC SAFETY AND NO. 10-14 MASS TRANSIT AND DESIGNATES THE CHAIR AND VICE CHAIR (COMM. 1): THEREOF Designates Council Members Daniel K. Paleka Jr. as Chair and Greggor Eagan as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Motion to Approve: Ms. Eoff moved to adopt Resolution 10-14. Seconded by Mr. Eagan. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to say how important this Committee is going to be for the next term. And I'm so glad that Council Member Paleka is going to Chair this, because Public Safety right now Puna is dealing with the lava flow. And as the Chair for Public Safety, Mr. Paleka, I feel, like you have a really needed district that will need the help of these agencies, which is Police, Fire, Civil Defense, and also, with Mass Transit. I just want to point out to you that it takes an hour to get from all the way in Pahoa to Hilo. It takes that long just to get to Pahoa to Hilo. So I want you to realize that this is a great responsibility because one of the hardest things is that you have Oahu, which is the size of Puna, and the Big Island is 4,028 square miles. And you have to consider all of that in regarding all the different buses, it's not a small land space, you're talking about a massive island. So I'm glad that you're the Chair for Mass Transit and Public Safety and I know you're going to take care of Puna and not only that, the Big Island. So, congrats. Page 22 Hawaii County Council -1 December 1, 2014 MR. CLERK: Thank you, Mr. Eagan. Any other discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 10-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 10-14 is adopted. Mr. Clerk, Resolution 11-14. RESOLUTION APPOINTS MEMBERS OF THE COMMITTEE ON HUMAN SERVICES NO. 11-14 AND SOCIAL SERVICES AND DESIGNATES THE CHAIR AND VICE (COMM. 1): CHAIR THEREOF Designates Council Members Maile David as Chair and Karen Eoff as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Motion to Approve: Ms. Poindexter moved to adopt Resolution 11-14. Seconded by Mr. Eagan. CHR KANUHA: Is there any discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Resolution 11-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 11-14 is adopted. Mr. Clerk, Resolution 12-14. Page 23 Hawaii County Council -1 RESOLUTION NO. 12-14 (COMM. 1): December 1, 2014 APPOINTS MEMBERS OF THE COMMITTEE ON GOVERNMENTAL RELATIONS AND ECONOMIC DEVELOPMENT AND DESIGNATES THE CHAIR AND VICE CHAIR THEREOF Designates Council Members Dennis "Fresh" Onishi as Chair and Margaret Wille as Vice Chair (remaining Council Members to serve as Members of this Committee). (Introduced by Mr. Kanuha.) Motion to Approve: Mr. Paleka moved to adopt Resolution 12-14. Seconded by Mr. Onishi. CHR KANUHA: Any discussion? Hearing or seeing none, all in favor say aye. The voice vote on Resolution 12-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 12-14 is adopted. MR. CHUNG: Wanted to talk, oh, that's alright. CHR KANUHA: Oh, I'm sorry. MR. CHUNG: That's okay. That's alright. CHR KANUHA: You can talk—you can go right ahead, Mr. Chung. MR. CHUNG: Thank you, Mr. Chair. CHR KANUHA: I'm sorry. MR. CHUNG: You know, I know this is the last of the committees that are being designated, you know, and it would seem like a rather innocuous one. Intergovernmental or governmental relations, but I wanted to speak in favor of Mr. Onishi's Chairmanship of this committee. You know, I've served on this board many years ago and I've seen a lot of Council Members come and go, even during the time that I was not on the Council. And I can safely say that I have never seen a Council Member who has better relations at the State legislature than Mr. Onishi. I don't know how he did it. I don't know how he developed it. I Page 24 Hawaii County Council -1 December 1, 2014 have a good idea how he developed it. But my point is, you know, I'm hoping that he can now pass the torch on to Mr. Kanuha and others, but particularly our Chairman because, you know, he's young. He's got a bright future ahead of him. And then, you know, it would really behoove you and be to a benefit of our entire County if you could start developing those relationships as well, you know. CHR KANUHA: Thank you, Mr. Chung. And I couldn'tI second everything that you said about Mr. Onishi. Okay, any other discussion? Hearing or seeing none, all in favor say "aye." Oh, we already did that. Sorry, we went out of order there. Okay, Resolution 13-14. RESOLUTION APPOINTS THE HAWAII COUNTY COUNCIL REPRESENTATIVE AND NO. 13-14 ALTERNATE REPRESENTATIVE TO THE EXECUTIVE COMMITTEE OF (COMM. 1): THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) Designates Council Members Dennis "Fresh" Onishi as Representative and Daniel K. Paleka Jr. as Alternate Representative. (Introduced by Mr. Kanuha.) Motion to Approve: Mr. Eagan moved to adopt Resolution 13-14. Seconded by Ms. Poindexter. MR. ILAGAN: I thought we were on CHR KANUHA: Is there any discussion? Mr. Eagan, you have your light on. MR. ILAGAN: I seeI thought we were talking about HSAC (Hawai`i State Association of Counties). Thank you, Mr. Chair. I thought we were talking about HSAC when Council Member Chung was speaking because this is what we're approving now right? Resolution 13-14? And the HSAC—if the public doesn't know, it's the associations of counties. So it's all the four counties combined. And Council Member Onishi has been doing a great job representing the Hawaii County in that board. And I just want to add that Council Member Paleka is going to be the Vice Chair and I used to be in that position and learned from this man. That man has a lot of knowledge when it comes to outside of this county, when it comes to dealing with all the egos up there in the state. And ain't nothing harder to herd cats, but it's harder to even herd politicians. So, I just want to say learn from him. And I'm glad that even though it's your last term, I'm glad that you are still in this position because we're going to need your help. And we're going to need your experience and your network, especially when now we don't have our Senator—United States Senator Dan Inouye. There are a lot of things in the state that we really do need help on. So, thank you. CHR KANUHA: Thank you, Mr. Eagan. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. This is absolutely out of order, but I'm looking at the rest of the agenda and I'm not going to have any other opportunity to make these comments. So I'm going to say them anyway. Page 25 Hawaii County Council -1 December 1, 2014 CHR KANUHA: Go right ahead. MR. CHUNG: I just want all of you to know how much I'm looking forward to working with all of you. Okay and, you know, I could have said this when we approved of Mr. Kanuha as being the Chairman but I figured, what the heck. Leave it until later. You know, a lot of the members of the public who I have spoken to are really excited about this Council. And the word that they have used relating to each and every one of you is that all of you are good people. And I believe that. And that's one of the reasons why I decided to run again, you know, for the opportunity of serving with good people. So having said that, you know, there are a lot of expectations and with that comes a lot of responsibilities. But, you know, I just wanted to say that I really, really look forward to a great, great next two years with all of you. CHR KANUHA: Mahalo, Mr. Chung. Ms. Wille. MS. WILLE: I second that. I'm pretty excited about this. I mean I think that, you know, that I'm glad we all come from different angles and appreciate that. And see how we can move together and do what is right for this County and the public. I think that we have an amazing island of brilliance. And I think that's what has amazed me most in this position is just how extraordinary the people are in my district and around this County and that we have an exceptional opportunity to really rise to a whole new level and aim for well-being. So, you know, I look forward to the divergence and working together to find, I think the word is balanced solutions, not just for this generation but for future generations that we serve both. CHR KANUHA: Thank you, Ms. Wille. Seeing no other discussion, may we'll do a voice vote. All in favor of Resolution 13-14 say "aye." The voice vote on Resolution 13-14 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 13-14 is approved. Okay, Mr. Clerk, I think we're on to communications. Page 26 Hawaii County Council -1 December 1, 2014 COMMUNI- The Chair Pro -Tem directed the Council to proceed to the next order of business, CATIONS: Communications. COMM. 1.1: APPOINTMENT OF THE DEPUTY CLERK From County Clerk -Elect Stewart Maeda, dated November 24, 2014, appointing Jon Henricks to the position of Deputy County Clerk. (Introduced by Mr. Kanuha.) Motion to Approve: Ms. David moved to approve Communication 1.1 and the appointment of Jon Henricks. Seconded by Mr. Eagan. CHR KANUHA: Any discussion? Mr. Eagan, your microphone. MR. ILAGAN: Thank you, Mr. Chair. I would like to get Mr. Henricks up here, if you don't mind? Where is he? Mr. Henricks. MS. POINDEXTER: No, Chair. Can you stand? CHR KANUHA: Or microphone. MR. ILAGAN: Mr. Henricks, before I say anything, would you like to speak on behalf of your appointment? MR. HENRICKS: Well, of course it's a privilege and an honor. But I don't want to talk too much. So in the words of a good friend of mine and former colleague, Rodney Oshiro, he always liked to say thank you. MR. ILAGAN: I guess like County Clerk, you got a soldier on your hands here. He's not only bright; he has a lot of experience and wisdom that comes with this package. And most people here know in the Council that Mr. Henricks does Toys for Tots every year. And that shows that he does care a lot, not only with his experience, but he has the heart. So, I'm glad to support Mr. Jon Henricks to the Deputy County Clerk. CHR KANUHA: Thank you, Mr. Eagan. Ms. David. MS. DAVID: Yes. I would really like to express my support of my former colleague, Jon Henricks, to my former position as Deputy County Clerk. I feel that he is so highly qualified for the job that he's about to undertake. I've worked with Jon as a staffer, as a legislative aide. And he has demonstrated to me a degree of integrity and honesty. And he's very brilliant. He wouldn't say so, but he is a very, very smart man and I really think he's going to bring a nice balance with Stewart Maeda as Deputy County Clerk. And I support you 100 percent. Thank you. Page 27 Hawaii County Council -1 December 1, 2014 CHR KANUHA: Thank you, Ms. David. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I'd like to also give my strong support for Mr. Henricks. I remember when I first met you. You were working for another Council Member and then we worked together in different roles as staff people to this Legislative Branch. And I would just like to say that everything Ms. David said, I totally agree with. And one thing she forgot to mention though was that you have a very good sense of humor. So, when we're seeking advice or getting counseling from you, it's not only important information that you're sharing and teaching us and our staff, but you do it with a great sense of humor and a "caringness" that's really appreciated. So thank you, Jon, and looking forward to working with you in this new role. CHR KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or seeing none, all in favor say "aye." The voice vote on Communication 1.1 to approve the appointment of Jon Henricks as Deputy Clerk was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Communication 1.1 is filed. And I think we're still waiting for—we'll have a short recess, to wait for the amendment to come through. Recess. RECESS: At 4:26 p.m., the Chair Pro -Tem called for a recess. RECONVENE: The meeting reconvened at 4:33 p.m. CHR KANUHA: Calling this meeting back to order. And we're going to Mr. Eagan, we got to take the communicationno, sorry, we got to take Resolution 4-14 off the table. Page 28 Hawaii County Council -1 December 1, 2014 Motion to Remove Mr. Eagan moved to remove Resolution 4-14 from the table. Seconded by Resolution 4-14 Mr. Onishi and carried, by the following voice vote: frnm Tnhle- AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Motion to Amend: Ms. Eoff moved to amend Resolution 4-14 with the contents of Communication 1.2. Seconded by Mr. Ilagan. CHR KANUHA: Any discussion? Ms. Eoff MS. EOFF: Well thank you, Mr. Chair, and thank you Mr. Eagan. Thank you, staff It appears that what we have before us now is an amendment to what we previously voted on. And this amendment would return this Rule 5, regarding committees back to the way we have it in our rules currently. And I am just wanting to make sure that that's correct. CHR KANUHA: Let's make sure again. Staff, is this all good? Mr. Henricks? Okay. MS. EOFF: Because I don't have a copy of our current rules, so I'm assuming that's what this does. Okay, thank you. CHR KANUHA: Oh, did we vote to—oh, sorry. We voted to remove it from the table, didn't we? Yeah. Okay, any other discussion? Ms. Wille. MS. WILLE: Well, I'd like to first ask you a question how this came about that this amendment was made after—my understanding was the decision we would not make amendments. That's my first question. I've got another, but if someone could answer that, I don't know whether it's for you, Chair, or someone else. CHR KANUHA: Sure, I'll answer. Sometimes, you know, some people might make some of these amendments and I think it might have gone through. So that's kind of how this one ended up. MS. WILLE: Someone, one of the Council Members proposed this? CHR KANUHA: Well, it got put on to our Rules of Procedure. Page 29 Hawaii County Council -1 December 1, 2014 MS. WILLE: I'm just asking how. CHR KANUHA: As without, it's not—without an amendment because when we start the Rules of Procedure, when we originally submit it, that's the Rules of Procedure. That's how, so that's how it could have gotten submitted. MS. WILLE: Okay. But at our organizational meeting, we decided we would not do amendments until they were before the public. So my question is how did this happen because if Council Member Ragan had not asked for that reconsideration, I would have been voting for something that I had no idea I was voting for. And in fact, I object to this amendment and I dislike it. So I just want to know how can something like this happen so that I don't worry about that this kind of thing happen again. So who put it through? CHR KANUHA: Thank Ms. Wille. Thank you. MS. WILLE: Okay, can you explain it to me? CHR KANUHA: I just tried to, so if you have any MS. WILLE: Okay, but how CHR KANUHA: Can you please talk about the amendment itself? MS. WILLE: Yeah, okay, now I'll go on to CHR KANUHA: We're amending it back to the original thing? MS. WILLE: Yeah, so my understanding of the amendment is what we had for one thing is that the Chairman of the committee shall receive all referrals and place them on the first available agenda. It's a done deal. Unless said Chairperson determines that there's circumstances warranting holding it and with the concurrence of the originator. So that I consider that respect for all of us as Council Members who've been voted in and that there's not someone—we're not putting Council Members in the position of Chair of deciding that they don't that they want to hold off on somebody's else's—what they're proposing. And, you know, I'm very disturbed about this. So I would like to knowI certainly disapprove. I think we should vote it down and do not support this for two reasons. I think it number one, it was underhanded however this happened, intentional or not, and it's a very significant change. And two, I disagree with it where you don't need the concurrence of the originator. I mean I had one incident where, despite this rule, it was something of mine was being postponed and I felt that was wrong. And we went back to this rule and it should have included my concurrence. So procedurally, I'm very Page 30 Hawaii County Council -1 December 1, 2014 disturbed and ask for it to be opposed. And since the decision was, we would not do amendments at this time. And number two, I disagree with the substance of this amendment. I think that it shows disrespect—would show disrespect to each individual member who has been voted on in elected year. So I stand and ask for—urge that we deny or do not approve this amendment. CHR KANUHA: Ms. Eoff MS. EOFF: Okay, thank you. I hope I could help Ms. Wille understand that what this Communication 1.2 does is return the rule back to how you would like to see it, so you want to say MS. WILLE: Okay, then what I should say is MS. EOFF: Yes. MS. WILLE: Thank you. Then we should support this. And what I'm saying is oppose the change that was in the one that was in our boards, unknown at least to me. And I do admit I did not read it through and examine every word to know that and I want to end with thatI again appreciate Council Member Ragan raising this point. CHR KANUHA: Thank you. Mr. Chung. MR. CHUNG: Yeah, I support the motion. You know, this is very difficult to digest. Just being given this and being asked to vote on this thing and review all of this within a few minutes. But I have to say that I share the same concerns that Ms. Wille brought up. Because had Mr. Eagan not brought up the fact that there may have been changes, we would have just approved something. And, you know, as best I can tellif unless I'm reading this incorrectly, these are substantive changes. And all I would, you know again, I support the motion but if we do bring it up again, I would ask that it be in a ramseyer format so that we can really take a look at it the public has a chance to weigh in. Because from what I can tell, basically this says that the Chairperson of a committee can hold a bill, just like they do at the legislature. Correct or incorrect? CHR KANUHA: Right. MR. CHUNG: Yeah you know actually, you know, in concept I might not be against something like that, you know, with certain conditions. But at the same time, I'm very troubled by the way this all came about. But, you know, still this is a festive day, so let's kind of move on. Page 31 Hawaii County Council -1 December 1, 2014 CHR KANUHA: Thank you Mr. Chung. Any other discussion? Hearing or seeing none, all in favor of amending Resolution 4-14 with the contents of Communication 1.2, say "aye." The voice vote to amend Resolution 4-14 with the contents of Communication 1.2 was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Okay, Resolution 4-14 has been amended. Any discussion on the amended resolution? Seeing no other—oh, Ms. Eoff. Sorry. MS. EOFF: Well, just one more time to state that by amending it, we're now back to our rules as we had adopted in the previous term. CHR KANUHA: I hope so. Yes. MS. EOFF: Correct? Okay. CHR KANUHA: As staff has indicated, yes. MS. EOFF: Okay, thank you. CHR KANUHA: Okay, all in favor of Resolution 4-14, as amended, say "aye." The voice vote on Resolution 4-14, Draft 2, was as follows: AYES: Council Members Eoff, Ford, Eagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. CHR KANUHA: Resolution 4-14 is adopted. Page 32 Hawaii County Council -1 December 1, 2014 BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (There were none.) ORDER OF THE The Chair directed the Council to proceed to the next order of business, Order of DAY (SECOND OR the Day (Second or Final Reading). FINAL READING): (There were none.) REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION (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, Other MENTS: Business. (There were none.) Page 33 Hawai`i County Council-1 December 1, 2014 ADJOURNMENT: There being no other business, at 4:42 p.m., Mr. Ilagan moved to adjourn the meeting. Seconded by Mr. Onishi and carried by the following voice vote: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. NOES: None. ABSENT: None. EXCUSED: None. CHR. KANUHA: We are adjourned. ,i , 1-. ,_47, 42 t. C OUNTY CLERK SM/slm Page 34