HomeMy WebLinkAboutMIN COUNCIL 2015/05/06 2014-2016INVOCATION:
CALL TO
ORDER:
ROLL CALL:
HAWAII COUNTY COUNCIL
111h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
May 6, 2015
Pastor Gaymond Apaka of Haili Congregational Church gave the morning's
invocation.
The regular meeting of the Hawaii County Council was called to order at
9:02 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair.
Present: Mr. Dru Mamo Kanua, 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 (came in later)
Mr. Danny Paleka, Member
Ms. Margaret Wille, Member
Absent & Excused: Ms. Valerie Poindexter, Member
MR. MAEDA: Chair Kanuha eight members are present.
CHR KANUHA: Thank you. Also for the public information we have a memo
from Council Member Poindexter, she's going to be excused today. She is
currently attending a blue zone project on the mainland, so just for everybody's
information. Okay, next on the agenda Ms. Eoff may you lead us in the Pledge of
Allegiance.
PLEDGE OF The Acting Chair 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.)
CHR KANUHA: Mahalo, Ms. Eoff Okay, I see no certificates on the agenda. I
think we can go straight into Statements from the Public on Agenda Items. I have
three here in Hilo and I'll call them up. Lionel Kaawaloa, Jr., and Pearl
Hawaii County Council — 11
May 6, 2015
Nakamura please come to the testifier's table. Then I'll check the other sites, and
then come back to Hilo.
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expression of Condolence.
CERTIFICATES OF
MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: CHR KANUHA: Aloha Scott in Kona, anybody wishing to testify?
MR. HIRT: Good morning, Chair. Yes, we do have one testifier that's not quite
ready.
CHR KANUHA: Okay, I'll come back later on. Thank you. Ka`u, aloha Ka`u.
Anybody there wishing to testify?
MS. ALEXANDER: Good morning, Mr. Chairman, we have one person wanting
to testify today. Richard Abbett, representing Ka`u, with a comment about
Resolution 163-15 and he is ready.
CHR KANUHA: Okay, thank you I will come back to you. Aloha Waimea.
Aloha, Dave.
MR. HIRT: Aloha, Chair we do not have any testifiers for Council today.
CHR KANUHA: Thank you very much. We'll move on to Pahoa. Aloha,
Pahoa.
MS.VERA CRUZ: Aloha, Mr. Chair. We do have one testifier here in Pahoa
today.
CHR KANUHA: Thank you. And we will come back to that one testifier.
Kohala. Aloha, Kohala. Anybody there wishing to testify?
MS. SWEENY: Aloha, Chair I have one testifier.
CHR KANUHA: Thank you. Okay, I think I got everybody on the outer sites.
We'll start here in Hilo. Good morning, first up we have Lionel Kaawaloa. Press
your button, you have three minutes. Make sure the microphone is on, yeah. You
have three minutes to testify on each agenda item.
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Hawaii County Council — 11 May 6, 2015
Lionel Kaawaloa Jr: Res. 180-15 (Comm. 282), comment.
(Representing Pahoa
School Project Grad Night)
Pearl Nakamura: Res. 162-15 (Comm. 262), in support;
(Representing Child and Res. 164-15 (Comm. 264), in support; and
Family Service) Res, 172-15 (Comm. 272), in support.
Richard Abbett: Res. 163-15 (Comm. 263), comment.
Toby Hazel: Res. 126-15, Draft 2, (Comm. 206.6), comment;
Res. 168-15 (Comm. 268), comment;
Res. 175-15 (Comm. 275), comment;
Res. 176-15 (Comm. 276), comment;
Res. 177-15 (Comm. 277), comment;
Res. 178-15 (Comm. 278), comment;
Res. 179-15 (Comm. 279), comment;
Bill 40, Draft 2, (Comm. 234.2), comment;
Bill 41 (Comm. 237), comment; and
Bill 282 (Comm. 1027) (2012-2014), comment.
Lisa Andrews: Res. 163-15 (Comm. 263), comment;
Res. 169-15 (Comm. 269), comment;
Res. 180-15 (Comm. 282), comment;
Bill 43 (Comm. 239), comment;
Bill 44 (Comm. 251), comment; and
Bill 49 (Comm. 286), comment.
Jerry Warren: Res. 126-15, Draft 2, (Comm. 206.6), in opposition.
Leinaala Launiu: Res. 162-15 (Comm. 262), comment; and
(Representing Child and Res. 164-15 (Comm. 264), in support.
Family Service)
CHR KANUHA: Mahalo for your testimony. If you could turn off your
microphone real quickly, thanks, before you leave. Okay, I don't see any other
testifiers here in Hilo, but I'll ask in any other sites. But I'll ask again if there's
anybody else wishing to testify at the other sites, or here in Hilo. Just say "I want
to testify." If not, then I will close public testimony and move on with the items
on the agenda. I have a few items I want to take out of order. If that's okay with
the other Council Members. I'm going to go in the order I received them first.
So, I know we can get through Bill 38 pretty quickly, Mr. Clerk. Which is on
page, its First Reading.
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Hawaii County Council — 11 May 6, 2015
APPROVAL OF The Chair directed the Council to proceed to the next order of business, Approval
MINUTES: of Minutes.
(There were none.)
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
Change Order of As directed by the Chair and with no objection from the Council Members,
Business: the following items were taken out of order:
Bill 38: AMENDS ORDINANCE NO. 08-115, WHICH AMENDED ORDINANCE
NO. 93-36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL —
20 ACRES (A -20a), AGRICULTURAL — 10 ACRES (A -10a), AND
AGRICULTURAL — 3 ACRES (A -3a) TO RESIDENTIAL AND
AGRICULTURAL — 1 ACRE (RA -la) AT KUKUAU 1sT, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEYS: 2-4-082:001-56,58-61
(FORMERLY 2-4-008: PORTIONS OF 014 AND 026)
(Applicant: Moaniala Holding, LLC) (Area: 171.84 acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to Change of Zone Ordinance No. 08-115, which would: 1)
Modify the timing of water commitment payments; 2) Grant a time extension to
secure Final Subdivision Approval; 3) Modify road construction requirements for
Kawailani Street and Kupulau Street extensions; and 4) update Fair Share
Contribution rates, including considerations for potential changes to credits
associated with roadway improvements.
Vote on Bill 38
(Approved)
Reference: Comm. 232
Intr. by: Mr. Eagan (B/R)
Approve: PC -19
Mr. Eagan moved to pass Bill 38 on first reading and adopt
Planning Committee Report No. 19. Seconded by
Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Ms. Poindexter — 1.
Excused: None.
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CHR KANUHA: Motion passes. Okay, Mr. Clerk also we have, we're going to
go to page ten. Resolution 181-15.
Res. 181-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF REAL PROPERTY FOR THE DEPARTMENT OF FINANCE, DIVISION
OF VEHICLE REGISTRATION AND LICENSING (VRL), WAIMEA OFFICE
Authorizes the Mayor to enter into a ten-year lease agreement with two five-year
options to lease approximately 2,190 square feet of office space in the Waimea
Center at 65-1158 Mamalahoa Highway.
Reference: Comm. 285
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 181-15. Seconded by
Ms. David.
CHR KANUHA: Is there any discussion Ms. Eoff?
MS. EOFF: Well I just wanted to see if
CHR KANUHA: We have Ms. O'Dell in the testifiers.
MS. EOFF: If Ms. O'Dell would like to come forward. I know this was waived
from Finance Committee to expedite the relocation. So I think maybe be good to
hear the thinking behind this.
CHR KANUHA: Thank you Ms. Eoff If you could please state your name, and
I don't know if there was an actual question or you wanted to ask just a
background about.
MS. EOFF: I just wanted to give them the opportunity to explain the reasoning
and the need.
(Note: At this time, Vehicle Registration and Licensing Division
Administrator Naomi O'Dell and Property Manager Hamana Ventura
came forward to address the members of the Council.)
MS. O`DELL: My name is Naomi O'Dell, I'm the Administrator for the vehicle
registration and licensing office division.
MR. VENTURA: Hamana Ventura, Property Manager. Good morning.
CHR KANUHA: Good morning.
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MS. O`DELL: The reason for the opening of the Waimea office is that, there is a
big need for more services for vehicle registration, and for driver's license and
state ID issuance for the Waimea area, which would encompass Honoka`a, North
Kohala, and Waikoloa. Right now all of those customers have to go to either
Kona or Hilo. The majority of them will go to Kona, it's easier. Which causes
huge wait times and lines in the Kona office.
MS. EOFF: Thank you. Did you want add anything?
MR. VENTURA: I'm in agreement with Naomi. Our job is to try and alleviate
long lines.
MS. EOFF: We're very supportive, well, I'm very supportive of this measure.
I'm sure Ms. Wille and everybody else is too. We understand that it will serve
people from Kohala, Waimea, to Hamakua. It will also relieve some of the wait
time at West Hawaii Civic Center. I'm not sure how it is in Hilo, but I know we
have lines backed up just about every day in Kona. So thank you very much, and
I don't know, I'll yield and let other Council Members ask questions.
CHR KANUHA: Thank you, Ms. Eoff. Ms. Wille.
MS. WILLE: Yeah, I just want to reiterate how important this is, and how
shameful it's been up to now with the long lines. I think, not just accommodating
people, but also getting more traffic off the road. It'sanyway thanks, and
whatever we can do to expedite it, and certainly we don't want a five day hold on
any of this. Thanks very much and this will be just so the public is aware in what
was the old deli site at the KTA Shopping Center, so it's right there, and there's
pretty good parking right there. It's across from the Spencer House, sort of where
the community is doing a lot, so thank you very much for your efforts.
CHR KANUHA: Thank you Ms. Wille. Any other oh, Ms. David.
MS. DAVID: Yes, I just wanted to express my mahalo for what you're doing for
Waimea, and Ms. Wille asked the question, I was interested on where it was
going to be. So, it's on the KTA side, is it?
MR. VENTURA: It's actually the opposite end. The former Kamuela Deli space,
so it's on Honoka`a side.
MS. DAVID: On the Honoka`a side.
MR. VENTURA: Correct.
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MS. DAVID: Okay, okay. Well thank you so much, and we'll certainly let you
know how what a great impact it will do the Civic Center and the lines that we
have there. Okay.
MS. O`DELL: Well I've had a lot of positive comments from the people of
Waimea. They are anxiously awaiting for that office to open.
MS. DAVID: Mahalo for all you folks do. Thank you.
CHR KANUHA: Thank you Ms. David. Any other discussion Council
Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 181-15: The motion to adopt Res. 181-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ms. Poindexter – 1.
Excused: None.
CHR KANUHA: Motion passes, thank you. Okay, Mr. Clerk we will also go
on—we're going to go to the first page, the top of the agenda Resolution 126.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
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Hawaii County Council – 11 May 6, 2015
Res. 126-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
(Draft 2) AND OF A MULTI -FISCAL YEAR AGREEMENT FOR FURNISHING
ORGANIC WASTE DIVERSION OPERATIONS IN WEST HAWAII AND
EAST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Authorizes the Mayor to enter into one or more ten-year contracts, with two
five-year renewal options, to implement green waste collection sites in
West Hawaii and/or East Hawaii. Any agreement would include an in -vessel
composting component; may include an additional one year to the initial term for
site preparation, mobilization and demobilization; and provide that all on-site
improvements shall belong to the County upon the expiration of the contract
period.
Reference: Comm. 206.6
Intr. by: Ms. Eoff
Held Over: April 15, 2015(Pursuant to
Council Rule 24(1)(e))
Motion to Approve: Ms. Eoff moved to adopt Res. 126-15, Draft 2. Seconded
by Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Well thank you. I'll just like to start out by saying it's been a great
process we went through with this resolution. Because when it first came from
the department through my committee, I worked a little bit with the department,
but I was told that we were going to move from where we are now, to kind of step
two in our efforts towards zero waste. But as Council Member discussion took
place in committee that day, then the department came back with a more
comprehensive compost recycling component to the resolution, and we were very
happy to see that, and then further discussion and further amendments from
Council Member, I think Chung and Wille worked on it together, and input from
the Council Members we were able to go all the way to what Greg Goodale
referred to as step three. Where we are going to have in vessel full on recycling
of organic waste materials, and we further defined what those are food—well, let
Mr. Chung, maybe if he wants to or Ms. Wille speak on that. But I just wanted to
say it was a great experience working through this resolution with the department
and Council. I think we did a good job, and very happy to see us getting closer to
our goals of zero waste, and mahalo.
CHR KANUHA: Ms. Eoff, Ms. Wille.
MS. WILLE: Yeah, hooray is all I want to say. I just—first underscoring what
Ms. Eoff said, I felt when we look at—we all talk about collaboration and
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working together, and I felt this was really—exemplified that, and also aligning
our policies with what actions we take. We focus on all our policies, zero waste,
and we got in 2009, our integrated management study, and now we're doing it,
and we're not just doing it and saying by 2030 or 2040 we're going to do all of
this. We're doing it now, where we can see it, and people can see us really taking
steps. And I just want to thank the department for listening to what we had to say,
and also appreciating fellow Council Member Chung who sort of took the
administration's bill, or resolution and my amendment, and put it together and
then added a few, and "We want it within 15 months, we're going to do it."
So, but just for the public's understanding is that, this is not only getting—we're
moving from mulch to compost, which very importantly addresses the invasive
species issue. And we have a lot of piles of mulch, but everyone is very
concerned about that, and unsure in terms of invasive species, and by moving
towards the composting level we will—and when I say composting, it brings up to
high enough temperatures, and then a certain forms so that we do address that.
And when we talk about in vessel it's actually more—you keep it covered. I
mean we're not there's a more equipment. But it's sort of basic procedures, and
Department of Health does review it so that's covered.
But the one point I wanted to make, partly looking at some of Jerry Warren's
concerns, is we have short term costs, but we also have to look at the long term
costs, and right now we're looking at having to build more landfills, having to
spend more money putting in the methane infrastructure, and by doing this I think
it's—what is it? Right now, in 2009, identified that over 54 percent of tons of the
waste disposed of in the land fill is organic material that can then be diverted and
getting that out, cutting down some of those landfill costs. I mean if you take a
look at our budget, that's where the real expense is. And I think then next we
need to work on the recyclables and how we get more of those out. But just
hooray, we've come a long way from where we were three months ago, looking at
mass burn and incinerator and hundreds of millions so. It's not each step, but this
is for me, a big step towards what we say we represent as a model and
environmentally and culturally and economically. Thank you.
CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka.
MR. PALEKA: Yeah I just like to—Greg if you don't mind could you come up
please? I just wanted to address that same concern that Mr. Warren had
regarding, and I think that's an important one. And it's regarding the cost to the
consumer at the back end for picking up mulch. Could you explain the rate for
the product at the end? What's your plans?
(Note: At this time Solid Waste Division Chief Greg Goodale came
forward to address the members of the Council.)
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May 6, 2015
MR. GOODALE: Greg Goodale, County of Hawaii Solid Waste Division Chief.
So the question is about the fees that would be charged for the compost. So those
fees would actually be set by the contractor. So the contractor would be
responsible for marketing and essentially selling that material. So one thing I
think I want to make sure that folks have a clear understanding is that, the
compost is the value added product that can incorporate the things like the
contaminated paper, and the food waste, and those things. We're still going to
continue to provide and make the mulch, but it's going to go through this PFRP
(Process to Further Reduce Pathogens) process, so that will still be provided to the
public free. So the PFRP mulch will still be provided to the public free of charge.
We're not looking at providing that with a cost. I mean we're going to be looking
at that with the contractor, but the primary thing we're looking at for the compost
is to be able to sell that, have that a sellable product. Because that will obviously
offset some of the contractor's expense when they're able to get that revenue for
that product.
MR. PALEKA: Okay, so let me get this straight. We're going to be paying the
contractor right?
MR. GOODALE: Yes.
MR. PALEKA: To process the compost, then he's going to sell it. Are we
getting any portion of those fees?
MR. GOODALE: No. Like I said, it just basically offsets their expense, so
essentially we would expect—because they have that knowledge that they're
going to be able to sell that. They're going to be able to incorporate that into their
proposal, knowing that they're going to be able to sell that compost.
MR. PALEKA: I just want to make sure all of our Council Members realize
that's part of the contract as it sits now. As we go forward with this I would like
to see—not knowing at this point what they're going to charge for the fees, and I
think that was a concern by the people that would—the end user that's going to
use the compost. In terms of the greenwaste going in and the compostables, if
we're going to have to mulchI hate to go back to this subject. But now that
how much mulch are we going to continue to offer to our people for free,
ballpark?
MR. GOODALE: So there isn't a specific quantity set as to how much. But a lot
of this and even with the compost, I guess a couple points I would like to make, is
that we've got to gauge our system much like a business would, supply and
demand. If the demand is high for that material, then the contractor is going to
want to make that material, and make it more available, because people are going
to want that. Now, same kind of thing with the compost, if they set the fee too
high nobody is going to come get it, because they don't actually want to pay for it.
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So they've got to balance that. Again it's got to be done kind of in a business
model, where they can't set that so high. Because they have an obligation to
make sure they keep within their permit compliance, so if stuff keep's building
up, that's on the contractor. They got to take care of that. It's on them as part of
the contract to manage that, because DOH (Department of Health) does set
quantities for us, as to how big the piles can get. So they can't set the price so
high, and then allow that pile to just build up and build up until they say, "oh
county come bail us out." Because that's not the way the contract will work. It's
on them. It's on the contractor to mitigate that, so they got to set a price that will
allow that material to go out, much like a business would. They don't want to
build up their inventory.
MR. PALEKA: I understand that, but I'm just concerned about the price point for
our communities. It's just a concern. I am glad that we got to this point, and
we're going to start doing it. For me, I'd rather have the county do it, but that's
me. But thank you Greg.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Chung.
MR. CHUNG: Thank you Mr. Chairman. I don't have any questions of the
administration, but I just wanted to congratulate all of you, as well as the
administration for what I consider to be a collaborative effort in coming up with
this product. I just wanted to make one point though, and one of the main
inclusions into this final draft which was advanced by Ms. Wille, was the idea that
we could perhaps have more than one 10 -year contract. Because it's her vision to
have this different composting sites throughout the island and I support that
notion. That's why I voted the way I did.
But I just want the public to know, and I think Ms. Wille can attest to this, that
there are some technical problems with having a site like this in Kona. As you
actually pointed out with the brackish water, and things like that. So we're really
putting our faith in the administration to come up with something. If it's one then
it's one, and I am sure you guys will have a justification. If you guys can do
several, then of course that would be good too. But I just wanted to make sure
that the public knows that, so they don't have an unrealistic expectation in that
regard. Thank you
CHR KANUHA: Thank you, Mr. Chung. I think we have Ms. David next, and
then Ms. Eoff.
MS. DAVID: Oh, Ms. Wille yeah, after. I just would like to say thank you for
the effort on the administration, and I think, I agree with what Mr. Chung said,
about everyone trying to get to a place where we can all move forward. I have
one question on the comments you were making about the cost of the compost,
the end product, and what it would cost the community. In the RFP (Request for
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Proposals) process, I'm not sure whether we could establish a cap based on, if this
vendor is experienced in that field, they would probably know what their
maximum amount that they could actually hold on to, and if they over charge like
you say. Would you be able to just think about establishing in the RFP process, a
provision about capping it so it doesn't go—it's not left to the vendor yeah, and
then we have to deal with that problem later on down the road? I am thinking of
just putting something, the thought about that in the RFP when you go out to
request for proposals.
MR. GOODALL Yeah, I mean we're always open to consideration on different
ways of addressing some of these issues. Because I mean, I hear the concern that
you folks bring up, so yeah we're definitely willing to take those things into
consideration.
MS. DAVID: Thank you very much. Mahalo.
CHR KANUHA: Thank you. Ms. Eoff I think you're next. Unless,
Ms. Wille? Okay, Ms. Wille.
MS. WILLE: Just on the point about the cost of the compost. I think the debate
is really do we control and get those fees, and then the price, the negotiating price
for the operators would go up, and which business model is better. I think it's a
balance; it's pros and cons. But I think where you really have the incentive for
the operator and trying to really partner with them felt would be a better, it's
generally considered a better model, and then we're negotiating and it's going to
be expensive keeping our costs down. I would be hesitant about putting a cap.
We're going in and we know there are a number of different vendors, and seeing
what their proposals are, and then they're weighing the different proposals. I
know at one point Ms. Ford came out with something else on a composting thing
and wanted caps and this, and it just sort of—the whole thing fell apart. So
having watched that happen, and then the administration pulled it because it
didn't work, and then go back to point zero, and by that time there were elections
and never happened and da, da, da, da.
So I just, I'm a little bit hesitant about that. I do just, on the point that Council
Member Chung brought up on whether the diversity or doing more than one
contract. I'm not necessarily in favor of doing something in Kona. Where I think
we might be able to address the brackish water, but it could be in Hamakua or say
the golf course, it's no longer a golf course, in Waimea where we have so much
agriculture going on, and we do have the water, they have the best well right in
that same area, and just not creating a monopoly. Once we have one party
coming in for 10 years, they're going to have all of the equipment and all of that.
If anybody were to compete at that point, it would be very difficult. So my
thought was really just to allow people to do it even whether it's regions, just
not—when you say in vessel, according to the Department of Health those costs
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are getting down and down, and the equipment whether it all has to be in one
place is down. So it maybe that the economies are scaled, or such that it's the
way to go have it all in Hilo.
I appreciate that, but there's also the 10 years. In other words in the future where
we are at that point, and working with—we're then setting it up for another waste
management situation. Where we only have one person and they have got such
power and such leverage. So those were some of my concerns. Not necessarily
having it in Kona, but I also see that if we're able to divert some of the trucks
from the east side to bring over, and bring us up to the certain trigger levels on the
west side. Those same trucks hopefully would be able to be used both ways in
moving some of the greenwaste that we have over there.
So just, anyway those just a couple points I think. One way or another the costs.
I can see it theoretically, but I think we will end up being good in terms of who
we work with on this and getting that compost out. I think the one question, or
one possibility is just, are they willing to get diverted it back? In other words are
they willing—one thing that would be in the contract or the proposals is, are you
willing to move some of that to different locations, and not just have it available
in Hilo to the public? It would be at least a nice option to make it available. So
—
I mean Waimea, North Kohala, we are the big producers of all of that, and the
resorts are the big producers, biggest producers of the food waste and paper.
Okay, anyway thank you very much. Anything we can do to help would beI
certainly would be happy to.
CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka.
MR. PALEKA: Now just following up on that, I'm good with the intent of us
moving ahead, but I would like to see or be confident in the administration,
knowing at least what their proposed fee scale is, or having an idea. Any
business, when they present a business plan its part of their plan is—how much
they're going to charge? To share that knowledge with us, at least know what our
people are going to pay for a product they can use. I think it's a gimme, so I just
wanted to be reassured that's inclusive. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I guess it's hard listening to the discussion,
it's—like shouldn't be leading the public into what the administration is going to
be doing. Because I mean, when you send out the RFP or whatever the process is
going to be, I mean it's up to the bidders or the company that is going to bid,
because basically you going take the company that going save the county the
money; right?
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Hawaii County Council – 11
May 6, 2015
MR. GOODALL So, just to—I mean this is going to be done as an RFP as
opposed to low dollar bid. So that allow—obviously price is in consideration, but
it allows us to be able to select the best contractor. The one that's going to do the
best job for the county. But obviously price is a high portion of that. Matter of
fact, in most cities the price is still one of the major components of the evaluation.
So but because it's a proposal it allows us to essentially pick the best one. The
one that's going to do the best job for the county.
MR. ONISHL Of what the county wants right. Okay, and then so like say
trucking, if you folks going require them to truck it to different locations that's an
added cost right? So then that's going to be a higher proposal right? We don't
want the county to be trucking them in their trucks or their trailers, correct?
Because that's not what we're looking at. So this reso just basically going to give
the authority to you folks, or the request for you folks to go out and get that
information or RFP, so that you folks can decide what is the best way to dispose
the greenwaste, and the food waste, and so forth.
The good thing that I really want to support this is, because of the invasive
species. Because when we went down to the mulching area, we did find fire ants
and so forth, and then so the only option was composting right. That was like,
"Okay, where are we going to get the money," and so forth. But then now with
this, we can move forward. For me it's good, because then we trying to battle the
invasive species part, yeah.
And so I want to thank you. But I just wanted to like—don't make the public,
like think we're going to be doing all these things that is mentioned, right.
Because we don't really know, right? So bombai they're going to get their hopes
real high and then when they find out, I thought the discussion was this, this, this
and so forth right. So just kind of wanted to make it clear, but thank you for all
your guys' hard work.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion Council
Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 126-15: The motion to adopt Res. 126-15, Draft 2, was carried
Draft 2 by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ms. Poindexter – 1.
Excused: None
CHR KANUHA: Motion passes, thank you guys. Mr. Clerk since they're still
up here can we go to Bill 49 it's on page 13.
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Hawaii County Council — 11 May 6, 2015
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.
Bill 49: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the State Grants — Wellhead Protection Program Grant
account ($60,000); and appropriates the same to the Wellhead Protection Program
Grant account. Funds would be provided to the Department of Environmental
Management to advertise and conduct Household Hazardous Waste collection
events around the island.
Reference: Comm. 286
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 49 on first reading. Seconded
by Mr. Paleka.
CHR KANUHA: Ms. Eoff.
MS. EOFF: Go ahead, Mr. Goodale.
MR. GOODALE: Well, first off I want to say mahalo to the Department of Water
Supply for coming to us. They had this grant money that was appropriated to
them, and through collaboration between their staff and our staff, they came to us
because this was something that was appropriate for this money, and this will
allow for us to be able to have these events that are already scheduled for June.
This is money that needs to be utilized by the end of this fiscal year, so this is real
great partnership between the two departments, and going to benefit obviously the
whole island. Because this covers two different events that will take place in
June, so thank you.
CHR KANUHA: Thank you Ms. Eoff. Any other Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I had a question regarding, how is this
civil defense with Troy is going out to the community and talking about
hazardous waste collection. How isis this the same?
MR. GOODALE: Department of Environmental Management, Solid Waste
Division, has been doing these household hazardous waste collection events for
years now. We hold two in Hilo every year, two in Kona every year, one in
Waimea, and one in Pahoa. The effort that they're making, I think was primarily
due to the lava issue, but no, this is not the same as what Civil Defense was
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Hawaii County Council – 11
May 6, 2015
working on. This is essentially an all -day open event that folks can come in with
any of the household hazardous waste items they might have in their garage, or
basement, or whatever.
MR. ILAGAN: What you're saying regarding everyday household items, is
really what they were kind of going to the community to let them know what to
do with that, and I feel like it's almost the same thing. Did you get a chance to
talk to Troy?
MR. GOODALL To be honest with you, I'm not completely familiar with—I
just know that when we were actively involved with the lava flow issues, that
there was a concern that came up, but as far as a program—
MR. ILAGAN: I'm going to connect the both of you
MR. GOODALL Okay.
MR. ILAGAN: Because I feel like you guys can work together, and be more
effective in getting this out to the community.
MR. GOODALL Well as with this we're obviously we want to collaborate
with folks, like I said with the Department of Water Supply when they came to us,
were more than willing to collaborate. Because our goal is to have a place for this
stuff to go, we don't want it going in the wrong place.
MR. ILAGAN: I agree, and hopefully we do it together.
MR. GOODALL Totally open to that.
CHR KANUHA: Thank you, Mr. Eagan. Mr. Paleka.
MR. PALEKA: Greg the funds are used for salary/wages for these events, since
they're on the weekend yeah?
MR. GOODALL The events are run by a contractor, so a contractor comes in
and they are effectively—it's like a turnkey. We have very limited staff We
have some folks doing kind of like traffic control, but because these folks all have
to be 40 hour trained, HAZWOPER (Hazardous Waste Operations and
Emergency Response) trained, packaging it correctly, manifesting it correctly,
separating it into different categories. That's why we rely on the contractor to do
all that, so basically we put out a contract for those events that we hold every
year. They come in the morning, and when they're finished at the end of the day,
its put in drums and they take it with them.
MR. PALEKA: And our employees, our county employees, are used for traffic?
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Hawaii County Council — 11
May 6, 2015
MR. GOODALE: We typically have some folks come in and just—because these
are very popular events, so we
MR. PALEKA: They are, I have been to many of them.
MR. GOODALE: Yeah, so yeah, we do utilize our county folks. I mean
obviously any functions that our county folks would typically perform, we're
going to have them perform that. We have a contract administrator who is also
there overseeing it for the county.
MR. PALEKA: Okay, so this $60,000 is going to be used for what?
MR. GOODALE: For the contractor primarily, and advertising as Linda said.
MR. PALEKA: Radio advertising? You give a PSA (Public Service
Announcement) right? Print advertising you guys have to pay for? Or is it a
PSA?
(Note: At this time, Recycling Coordinator Linda Peters came forward
to address the members of the Council.)
MS. PETERS: We get some PSA's for free, but we find radio is a very effective
way to reach the broader community, so we combine newspaper ads which we
pay for; we do a media release so hopefully we get some of that out there; and
then we do some paid radio ads; we put it in the calendars and the local papers, so
yeah.
MR. PALEKA: About how much of the $60,000 percentage wise is used for
advertising?
MS. PETERS: I'm sorry. I don't have that exact number, but we can get back to
you on that.
MR. PALEKA: Okay, thank you.
CHR KANUHA: Thank you. Ms. Wille.
MS. WILLE: Which are the two additional sites this would open? I didn't see
that in here.
MR. GOODALE: The two remaining events that are scheduled in this fiscal year,
because we do this on a rotation every year. It's the same, so the remaining
events, one's going to be held in Hilo, and the other one is going to be held in
Kona. Right, these are just on going events.
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Hawaii County Council — 11
May 6, 2015
MS. WILLE: Okay, I thought that you meant there would be two additional.
MR. GOODALL No, these are the ones that had been scheduled already, that
would normally take place in June in Hilo and in Kona
MS. WILLE: We just somehow didn't have enough money to cover these two.
MR. GOODALL We budgeted for these events, but because this money is
coming to Department of Water Supply from the state—
MS. WILLE: I see.
MR. GOODALL It actually allows us to offset other cost. So basically it's
money coming to us from the state that it would basically be a shame to not
utilize.
MS. WILLE: Right, I just wondered if we were meant that therefore we would
be able to do additional events. You don't have to
MR. GOODALL Yeah, within the next contract the scope limits us to the
specific number that went out as part of that contract.
MS. WILLE: Now my understanding when Paul who spoke—head of Recycle
Hawaii, that they were trying to piggyback with you all when the hazardous
waste days were, so that a lot of people bring in say latex paint, and latex paint
isn't hazardous, and refer them over to Recycle Hawaii. And I forget the
numbers, but they actually collected an enormous amount of paint, which I guess
would otherwise be put down in the dump for the landfill. And I don't know, I
know the departments cut their funding, and I don't know whether they're still
going to be in a position to be able to do that or
MS. PETERS: As far as we know, we've been advertising for the events in June
that they will be there in Hilo. We let them set up at the same day. So that the
people that—because a lot of people don't understand if it's oil based paint or
latex, so we can help direct them for the recycling option, and so far Recycle
Hawaii said they want to be there for Hilo and Kona. So we're expecting that.
MS. WILLE: Okay, thank you.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion Council
Members? Hearing or seeing none, all in favor say "aye."
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Hawaii County Council – 11
Vote on Bill 49
(Approved)
May 6, 2015
The motion to pass Bill 49 on first reading was carried
by the following voice vote:
Ayes: Council Members Chung, David, Eagan,
Onishi, Paleka, Wille and Chair Kanuha – 7.
Noes: None.
Absent: Council Member Ms. Poindexter – 1.
Excused: None
CHR KANUHA: That's seven ayes, Ms. Eoff is out of the room. Thank you.
Okay, I also have another one out of order Mr. Clerk, Resolution 168-15, which is
on page five.
Res. 168-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
KALANI HONUA TO PROMOTE FOOD SUSTAINABILITY IN PUNA
AND SERVICE THE COMMUNITY AT LARGE
Transfers/appropriates $10,000 out and from the Clerk -Council Services –
Contingency Relief account (Council District 5); and credits the same to the
Department of Research and Development, Hawaii County Resource Center,
Miscellaneous Contract Services account (Kalani Honua – Food Sustainability).
Reference: Comm. 268
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 168-15. Seconded by
Mr. Eagan.
CHR KANUHA: Mr. Paleka, you've got the floor.
MR. PALEKA: Thank you, Mr. Chair. This CRF grant is for Kalani Honua for
programs they have at their retreat, and by the way please go out and support our
Puna music festival this weekend. Thank you very much. But I'll let the—our
good friend Mr. Lj Baits explain a little bit about what this grant is going to be
used for, and I hope to gunner your support for this measure. Thanks.
(Note: At this time Executive Director of Kalani Honua, Mr. Lj Bates,
came forward to address the members of the Council.)
MR. BATES: Thank you, Councilman, and thank you Chair Kanuha, and other
Council Members. It's a pleasure to be before you again.
CHR KANUHA: State your name again for the record.
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Hawaii County Council — 11
May 6, 2015
MR. BATES: I am Lj Bates, I'm the Executive Director of Kalani Honua, and
this is an important project for us. We have an ambitious plan which is called 2
for 200 by 2020, and that is two years of sustainability for 200 people by the year
2020. And it's a bold goal, and it is one that has caused remarkable conversation
both on our campus, but also throughout our community. Through a grant
sponsored by Councilman Ilagan we've been able to expand our projects in our
classroom style of teaching food sustainability to the community, through the
modern ahupua`a series, which has been garnering 100 to 200 people each month.
So as you heard earlier from the testimony from Pahoa, food is a critical element
to Puna and Puna Makai in particular. We have a remarkable aquaponics system
which has been a walking classroom, which was truly decimated during hurricane
Iselle, and we have since tried to repair it twice with no luck. So we're trying to
rebuild that system and rebuild that classroom.
In addition we have also discovered through a recent archaeological study, 500
plus year old terrace farming structures. Which we are going to not only restore
and document, but also re -employee into our permaculture series expanding the
walking classroom. So in our education we've also had a great response to the
education about rat lung disease which is a prevalent concern in lower Puna. This
grant will help us further our work to not only understand the capacity for
sustainability in lower Puna, but also educate those who are working towards it.
So we're grateful to be here and grateful for your support. Mahalo.
CHR KANUHA: Thank you. Thank you, Mr. Paleka. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I also want to say that, I really want to
support this too. But because I'm all out of contingency funds I cannot. But
definitely starting July 1, I want to put in some money. And one of the main
reason is the fact that the rat lung worm disease is really affecting members in the
community, and also tourists that come in from other parts of the world, and the
last thing we want is to have them a bad taste of Hawaii. So I just want to voice
out my commitment that next time around in the next fiscal year, if we do have
contingency funds, hopefully we do, I will support your cause, and hopefully
move that forward more.
MR. BATES: I am grateful. Thank you.
CHR KANUHA: Thank you Mr. Eagan. Mr. Chung.
MR. CHUNG: Yes, very briefly, thank you Mr. Chairman. I wanted to
congratulate and commend Council Member Paleka for his efforts in this regard.
The last time this came up there were some concerns, and I know that Mr. Paleka
worked very hard, working with the administration, to tie together all of the loose
ends to make this happen. So I really want to commend Mr. Paleka; and
congratulations on your good program.
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Hawaii County Council — 11
May 6, 2015
CHR KANUHA: Thank you, Mr. Chung. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 168-15: The motion to adopt Res. 168-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Ms. Poindexter — 1.
Excused: None.
CHR KANUHA: Motion passes, thank you. Okay, Mr. Clerk I also have
another request Resolution 179- 15. Page nine.
Res. 179-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
SPORTS HALL OF FAME TO RELOCATE AND MAINTAIN THE HALL OF
FAME DISPLAY
Transfers/appropriates $1,500 out and from the Clerk -Council Services —
Contingency Relief account (Council District 3); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration Other
Current Expenses, Miscellaneous Contract Services account (Grant to Big Island
Sports Hall of Fame).
Reference: Comm. 279
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 179-15. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. We have Jerry Chang and he's the
President of this organization. So maybe he can give a brief history of what you
had and now what you don't have, and what you're going to be having.
CHR KANUHA: Make sure you turn your microphone on.
(Note: At this time, President of Big Island Sports Hall of Fame
Jerry Chang came forward to address the members of the Council.)
MR. CHANG: Jerry Chang, I'm the President Of the Big Island Sports Hall of
Fame, 501(c)(3) nonprofit organization. This organization started in the early
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Hawaii County Council – 11
May 6, 2015
90's to recognize and acknowledge Big Island residents who have contributed to
athletics, and have at least 20 years background in supporting our youths in our
community. We've had several bouts of putting it up—our hall of fame wall at
the Prince Kuhio Plaza, and most recently we had to take the wall down, because
of the new Pier One store. So right now the wall is in storage, and since the
Prince Kuhio Plaza is now being renovated they're requesting that we improve the
looks and feel of the wall. Which is going to cost us some professional funds to
get this done. So this will help fund the new installation of the wall with new
pictures, and a new concept. It will be relocated from the old Pier One Store area
which is near the Macy's men's department to the entry to the—and the ticket
area of the Prince Kuhio Plaza Theater. Which is a much better space for us and
there's room for expansion.
MR. ONISHL Thank you. And then also funding was also provided by Council
Member Aaron Chung for this, I guess, renovating or to relocate the wall. And
they, the Hall of Fame committee will be also doing fundraising on the side to
help provide funding for the monthly rent that the Kuhio Plaza is going to charge
you guys, right? Yeah.
MR. CHANG: Also funding from Councilman Danny Paleka.
MR. ONISHL Also yes, from Councilman Paleka. Thank you, so I'm asking my
colleagues for support. Thanks.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 179-15: The motion to adopt Res. 179-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ms. Poindexter – 1.
Excused: None.
CHR KANUHA: Motion passes. Thank you.
MR. CHANG: Thank you.
CHR KANUHA: There's another resolution—the same we'll go with that one as
well; 161-15.
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Hawaii County Council — 11
May 6, 2015
Res. 161-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
SPORTS HALL OF FAME TO RELOCATE AND MAINTAIN THE HALL OF
FAME DISPLAY
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration Other
Current Expenses, Miscellaneous Contract Services account (Grant to Big Island
Sports Hall of Fame).
Reference: Comm. 261
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 161-15. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Yeah, this is just partner funding for the Big Island Sports Hall
of Fame. Glad to see it coming to fruition. They'll have that display back up
which does highlight a lot of our hall of famers in the field of athletics, and I think
it was and will continue to be a nice part of the Kuhio Plaza. Thank you.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say "aye."
Vote on Res. 161-15: The motion to adopt Res. 161-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay, Mr. Clerk I want to do the Child and
Family Services resolution. So first up Resolution 162.
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Hawaii County Council — 11 May 6, 2015
Res. 162-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
CHILD AND FAMILY SERVICE FOR BUS TICKETS FOR THE FAMILY
STRENGTHENING SERVICES PROGRAM
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the Mass
Transit Agency, Mass Transit - Other Current Expenses, Miscellaneous Contract
Services account (Bus Tickets for Child and Family Service).
Reference: Comm. 262
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 162-15. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka, you have the floor.
MR. PALEKA: Yeah, if I could have the representatives from Child and Family
Services. As they stated in their testimony prior. This is for them to bring their
customers or clients to them, and it's a really important part of getting the services
for the individuals that need them. So if you'd like to add anything. Please go
ahead.
(Note: At this time From Child and Family Services, Leinaala Launiu
came forward to address the members of the Council.)
MS. LAUNIU: Yes.
CHR KANUHA: Please restate your name again.
MS. LAUNIU: Leinaala Launiu from Child and Family Service. Yes, last year
we were able to get some contingency funds for bus coupons, and I think that was
the first year since I have been with the agency, that we got these monies, and we
found that it has been very helpful, for us to reach all of the families. Because
like I said we do cover a large area, if we're only serving a few families in one
area, that takes away time that we can service all our other families. I believe like
every quarter we're servicing over 100 families between the two of us. So we
found that in this last year we were able to reach more families, because we were
able to take the time off of us driving to reach them, that they would of come to
us.
Also the time that it takes for us, if we're servicing a family, because our goal is
to strengthen the family, and sometimes a lot of our families need rides to the
doctors, or to the store, to WIC (Women, Infants, and Children) appointments,
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Hawaii County Council — 11
Vote on Res. 162-15
(Adopted)
May 6, 2015
and all the other appointments for their services in their own community. Not just
in Hilo, but Pahoa, and sometimes without the transportation that would be us,
that would be taking them. That would take away time for us to reach other
families, because we're just providing a ride not so much servicing, but a ride. So
we found that these bus coupons was able to allow us more time to reach more
families, but also for them to not have to schedule around us. They're able to just
go. So yeah.
MR. PALEKA: Just to add, I just hope everyone supports this measure.
CHR KANUHA: Thank you, Mr. Paleka. Any other discussion? I know there's
two more resolutions on the same thing so. Okay, hearing or seeing none, all in
favor say "aye."
The motion to adopt Res. 162-15 was carried
by the following voice vote:
Ayes: Council Members Chung, Eoff, David, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay, Mr. Clerk the next one was 164.
Res. 164-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
CHILD AND FAMILY SERVICE TO PROVIDE BUS COUPONS TO
ASSIST WITH TRANSPORTATION
Transfers/appropriates $2,500 out and from the Clerk -Council Services —
Contingency Relief account (Council District 6); and credits the same to the Office
of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expenses,
Miscellaneous Contract Services account (Child and Family Service).
Reference: Comm. 264
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 164-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. David, you have the floor.
MS. DAVID: Mahalo, and thank you so much for coming here and explaining
how important your funding for the bus passes are. The service that you folks
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Hawaii County Council — 11
May 6, 2015
provide, I'm not going to repeat what Mr. Paleka said, but I really mahalo you for
serving that segment of our community. Because that's an area where it can make
the most difference in what we view as building healthy communities. So I will
mahalo you again. Thank you.
CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearingoh,
sorry did you want to.
(Note: At this time Pearl Nakamura from Child and Family
Services came forward to address the members of the Council.)
MS. NAKAMURA: Yeah, I just wanted to add that I believe
CHR KANUHA: Just restate your name for the record
MS. NAKAMURA: Oh, I'm sorry Pearl Nakamura. I just wanted to say that I
believe that Ms. David's area is also South Kona. So that would cover our Kona
shelter, and the bus stop is very close, I mean I can't say where, but it's close. So
it would be providing a very valuable treasure to our women who are staying at
the shelter who need to go to their services. Thank you.
MS. DAVID: Thank you, and I do know. Yes, so thank you very much. I do
know where it is, thanks.
CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing of
seeing none, all in favor say "aye."
Vote on Res. 164-15: The motion to adopt Res. 164-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, Eoff, David, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. I think next one Mr. Clerk 172-15.
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Hawaii County Council — 11 May 6, 2015
Res. 172-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
CHILD AND FAMILY SERVICE IN EAST HAWAII TO ASSIST ITS
CLIENTS WITH BUS TRANSPORTATION
Transfers/appropriates $510 out and from the Clerk -Council Services —
Contingency Relief account (Council District 2); and credits the same to the Mass
Transit Agency, Mass Transit — Other Current Expenses, Miscellaneous Contract
Services account (Child and Family Service — Bus Tickets—Council District 2).
Reference: Comm. 272
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 172-15. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Very briefly. Thank you, Mr. Chairman. Of course my
contribution pales in comparison to my colleagues. I apologize for that. I don't
know how I came up with this $510 figure, that's kind of strange. But I think
Pearl knows that I am very familiar with the plight of the families involved in all
of this, and certainly whatever we can do to help is much needed. That's all. I
am very glad to help.
CHR KANUHA: Thank you, Mr. Chung. Any otheroh, Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I just want to say if yours pales in
comparison, mine is zero. So I just want to state that, I believe, I'm not sure, but I
believe I gave some money last year. I'm sorry just the lava and the tropical
storm, it just took all my money.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 172-15: The motion to adopt Res. 172-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes, thank you.
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Hawaii County Council – 11
MS. LAUNIU: Mahalo.
MS. NAKAMURA: Thank you very much.
May 6, 2015
CHR KANUHA: Okay, Mr. Clerk I do want to take, we have Mr. Kaawaloa in
the testifier's seat, so I want to take Resolution 180-15.
Res. 180-15: 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 PAHOA
SCHOOLS SUPPORT FOUNDATION FOR THE 2015 PAHOA HIGH
SCHOOL PROJECT GRAD NIGHT
Transfers/appropriates $3,000 out and from the Clerk -Council Services –
Contingency Relief account (Council District 5); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 Pahoa High School Project Grad Night).
Reference: Comm. 282
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 180-15. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. Grad night is no matter which school is a
very important event to me. I mean it provides a safe place for them to enjoy
well one of the milestones in everyone's rite of passage through life yeah. But
just providing that safe haven where they can enjoy in a good environment, and I
do appreciate the testimony earlier that some do fundraising.
Usually Pahoa does do their fund raising, but this year was a little bit different
than other years prior, and being dislocated from their own school did create quite
of a—not only emotional and physical limitations. But I'm just glad to be able to
assist in having them continue to have this type of evening. Mr. Kaawaloa if you
would like to come up and say anything, please.
(Note: At this time Lionel Kasawaloa from Project Grad Night came
forward to address the members of the Council.)
MR. KAAWALOA: Lionel Kaawaloa for the Pahoa grad night. We did do
fundraising. We still are doing fundraising. Any grad night can run, since I took
over six years ago from a teacher that did it for 20 years, any grad night can run
between $8,000 to $15,000. Included in that cost is the facilities where grad night
is held, bus services to and from that facility, and all the events that go on at grad
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Hawaii County Council — 11
May 6, 2015
night which is food all night long. I mean they come from graduation, they get a
full course meal ready for them. They have snacks throughout the night. We
have water slides, bouncing castles, life guards that we pay for when their
swimming.
We have all kind of different vendors that come and do taro card readings, and
finger nail paintings, makeup, and stuff Then we bring in a DJ (Disc Jockey) to
play music all night, because it is an all night event. This year because of the
situation out in Pahoa, we decided to stretch grad night a little bit. Because
normally grad night, the kids graduate from Pahoa—and they usually did it at the
Yacht Club and get to the Yacht Club between 8:30 and 9:00 o'clock at night and
we keep them till 6:00 in the morning, and then we bus them back to Pahoa where
the parents pick them up from the school, and then they go on their own way.
This year, because of the situation in Pahoa, before that happened every year I
asked the seniors, well the juniors going in to seniors when the summer hits, what
they want to do for the grad night for the following year? This year they actually
wanted to go to Oahu to experience like the water park, PCC (Polynesian Cultural
Center), and some things on the island of Oahu. But because of what happened in
Pahoa our fundraising stopped short. I don't know what much more to say.
I mean last year Mr. Eagan gave to us too, and your office contacted me and let
me know the situation, and thank you for helping everybody out there. But I
mean, like I said before fundraising you can only do so much fundraising for our
community this year to help out us. So that's why any amount is good, and I
mean I know kind of going off subject, but I see another one here for the St.
Joseph High School grad night, and being the head coordinator for grad night, any
money coming from anywhere is good. I'm not sure what they do at their grad
night, but our grad night, I'm trying to get to where the kids can go for free.
Right now they do pay to go to grad night. They pay $25 to attend, but they leave
grad night with at least a $25 gift from grad night. So we give them memorabilia
and some really good prizes. Yeah.
MR. PALEKA: Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Ms. David.
MS. DAVID: Yes, aloha. And I really like to express my support for grad night.
I wish we had it back in the 70's. But anyway when I used to work with Council
Member Pilago, he was a staunch believer in grad night, and gave—and you're
right, I think $10,000 is pretty much what it was back then, so I can imagine it's a
lot more now. So thank you for all that you do, and I support this resolution.
CHR KANUHA: Thank you, Ms. David. Mr. Eagan.
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Hawaii County Council — 11
May 6, 2015
MR. ILAGAN: Thank you, and thank you for the hard work coordinating
everything. It takes a lot of time and energy to do that and you're volunteering to
do it. That's your time and effort. I wanted to ask, I know next year I'm able to
give, so the juniors what are their plans?
MR. KAAWALOA: Right now I'm not too sure, because I'm trying to get done
this year first because by a little bit more. Our senior class at Pahoa went from, I
think 84 kids to 49, because of the lava flow. But just because they moved to a
different school, I still opened it up to the kids. If they were a senior at Pahoa
school, or they attended Pahoa School and moved because of the lava flow,
they're still allowed to come to our grad night. Even though, if they graduate
with Kea`au or Hilo or Waiakea it doesn't matter. As long as they were a student
with our school. They're Pahoa kids.
MR. ILAGAN: Do me a favor, when you talk to the juniors, call my office, and
let me know when the meeting is. Because I want to see if I can be a part of it.
MR. KAAWALOA: Okay.
MR. ILAGAN: Thank you.
MR. KAAWALOA: Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Mr. Onishi.
MR. ONISHL I just wanted to ask you how many students you talking about?
MR. KAAWALOA: I'm not going to get a definite count until Friday.
MR. ONISHI: Roughly.
MR. KAAWALOA: We're looking at anywhere between 55 to 65 students.
MR. ONISHL Okay, I just wanted to mention, because like Hilo High, Waiakea,
we deal with a couple hundred kids and so forth. But Pahoa usually is kind of big
too, right?
MR. KAAWALOA: Yeah, we were the only school that used to allow the seniors
to bring a guest, and because it's Pahoa, I hate to say that but Pahoa had a bad rap
before. But because the kids more freelanced out there, not a lot of people
volunteer to help set up for graduation, and break down for graduation. So they
use grad night as an incentive before, but we do lose out on a bunch of grants that
are out there because not only seniors attend. So this year we changed it to
seniors only. So we used to have grad night, the least I had at grad night was
about 145 kids. Then one year we had, the graduating class was about 145, so I
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Hawaii County Council — 11
May 6, 2015
had 360 kids at grad night with guests, and clean-up crew, not including all my
security and chaperones for the night too.
MR. ONISHL Okay, thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 180-15: The motion to adopt Res. 180-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Ms. Poindexter — 1.
Excused: None.
CHR KANUHA: Motion passes, mahalo. Okay Mr. Clerk, we can move down
the agenda Resolution 182-15.
Res. 182-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF STREET SENSE
AND STREET ANALYTICS LICENSES FOR USE BY THE HAWAII FIRE
DEPARTMENT
Donated by the Daniel Sayre Memorial Foundation with a combined value of
$14,000, these software licenses would be used by the Department's Emergency
Medical Services (EMS) Bureau to identify, track, and manage patients at risk of
falling; chronic homeless; and individuals who utilize the EMS system to a high
degree.
Reference: Comm. 287
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 182-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff.
MS. EOFF: Okay, thank you. I know the Sayre's I believe are traveling off
island right now. So thank you for being here, and before you go ahead if you
would explain to this, but I just wanted to say how much we appreciate the Sayre
Foundation, Dr. Sayre and Laura for all they done for the Fire Department. I'm
not sure how many years now, but they're very consistent and very aggressively
always funding for the Fire Department and donating. So you can go ahead.
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Hawaii County Council – 11 May 6, 2015
(Note: At this time Battalion Chief Gerald Kosaki came forward to
address the members of the Council.)
MR. KOSAKL Yes, thank you. And I agree with you the Sayre Foundation has
been instrumental in helping us supplement our budget. Frank and Laura Sayre,
every year they hold a dinner, and they help solicit donations from the community
to help and fund a lot of the things that we need that our budget cannot
accommodate. Although I'm not directly involved with the EMS (Emergency
Medical Service) Bureau, this donation from the Sayre Foundation is basically to
purchase software licenses, to be used to identify patients that may be calling
frequently due to chronic illnesses, and may be having more falls, and more
susceptible to injuries due to them being elderly, or even those with chronic
illnesses, or again, injuries. The EMS Bureau is going to be monitoring these
statistics, and are probably going to be visiting these homes where they see a high
number of calls coming from certain areas. And once they identify those calls
and visit their homes they are going to—would be able to kind of develop a plan
for them, so that they wouldn't have to tax the EMS System and call on a regular
basis. Maybe identify some different services that they'll be able to utilize, and
that's the whole basis of this software program.
CHR KANUHA: Sorry I forgot to ask if you could just state your name, and title
for the record.
MR. KOSAKL Okay, sorry. My name is Gerald Kosaki and I'm a Battalion
Chief in charge of Special Operations.
CHR KANUHA: Thank you. Ms. Eoff are you—you still have the floor.
MS. EOFF: Thank you. Thank you very much.
CHR KANUHA: Thank you. Ms. Wille.
MS. WILLE: Yes. Thank you, Mr. Kosaki. Yeah, I just think how special we
are to have people like Frank and Laura Sayre's and others. I attended a
fundraiser for Alex and Duke Derego Foundation, and John Phillips he's here just
a few months out of the year doing an enormous fundraiser for them. How we
have partnered with these various people around in the county, residents full-time
and part-time, and how much we benefit. So just very grateful and for all of your
efforts, and for partnering with them and bringing them into your family. I know
they feel very close to you all. Bye.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor say "aye."
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Hawaii County Council — 11
Vote on Res. 182-15
(Adopted)
The motion to adopt Res. 182-15 was carried
by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next Mr. Clerk, Resolution 183.
May 6, 2015
Res. 183-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EQUIPMENT TO
THE HAWAII FIRE DEPARTMENT
Donated by the Daniel Sayre Memorial Foundation, a winch, two all -terrain
vehicles with trailers, a public announcement system, payment for a Swiftwater
Training Rescue course, and a high pressure firefighting pump, with a combined
value of $55,472.47, would be used by the Department's Ocean Safety and Fire
Protection programs.
Reference: Comm. 288
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 183-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff.
MS. EOFF: This too is another huge donation from the Sayre Foundation, and
this water safety program is something that we've been trying to get off the
ground for quite some time, and I'm sure this is going to really help. Would you
like to add? Yes.
MR. KOSAKL Okay, thank you again. This section is a little bit more in line
with what I do. As Special Operations Battalion Chief I'm in charge of rescue,
hazmat and ocean safety. This resolution encompasses a few products and
services donated by the Sayre Foundation. I can just touch on a few of them just
to make you aware. The winch is going to be put on, or was put on one of our
utility vehicles, and that is used to be able to get vehicles that may be stalled up in
the Waimea area on Mana Road, which that they have come across a few times
before, but weren't able to get it out because they didn't have something could
pull it out. The two all -terrain vehicles, that is used for ocean safety. We have
one at Hapuna, actually we have a few, but we always need to replace those at
Hapuna, because of the size of the beach. And we recently put one at the
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Hawaii County Council – 11
May 6, 2015
Punalu`u Beach, because the area that the lifeguards would need to cover is so
vast that if you were to carry all your equipment and respond to the pavilion, and
by the time you get there, "Oh we need a spine board now," and they have to go
all the way back, and just the time wise to respond, so that is a great help.
Public announcement system. We looking at putting in one for the Kahalu`u
beach. We got one for Hapuna which the lifeguards says it's an enormous help in
helping to notify and do prevention efforts for people that may be going into the
water, or might be going into an area that may not be safe. The Swift Water
training rescue course, this is a huge thing for us especially in Hilo, because of the
Wailuku River. Every year we lose somebody there, somebody drowns in that
river, and sometimes we find them right away. Sometimes we're able to save
them. Many times it's just a body recovery, and just for our guys to go in there,
and conduct search efforts in the area in swift water, they need to have special
training in how to rig up lines, and how to dive in that area. So that is a great
training that we'll have, and this training will also encompass training our guys to
be instructors, so we are able to do our own training in house from here on.
The high pressure firefighting pump is to be put on an all -terrain vehicle, which
would be used for brush fires mainly, and getting into areas that are inaccessible
by vehicle. We've had a few brush fires that we are not able to get access to
without the chopper really. That's the only way we would be able to extinguish
the fire, but with these small vehicles that we can get access to areas that may be
inaccessible to other vehicles, we will be able to extinguish the fire completely,
and not just rely on the chopper dropping water on it.
MS. EOFF: So thank you, and I know we owe a great deal of thanks to the Sayre
Foundation, but I also want to take an opportunity to thank you and your rescue
crews. For maybe 10 years now, I help prepare the certificates from the Council
for the Sayre Foundation dinner, and I've read a lot of the stories about the
rescues and over beyond—above and beyond that you guys do go through to do to
either save people or recover bodies. Seeing the video sometimes puts a real
reality to it. So I thank you for all that you do, and I hope this will help.
CHR KANUHA: Thank you, Ms. Eof£ Any other discussion? Mr. Paleka.
MR. PALEKA: Just for me myself, also I'd just like to thank your department,
Battalion Chief Kosaki on what you folks do. The partnership with the Sayre
Foundation is just amazing. Thank you again.
CHR KANUHA: Thank you. Ms. David.
MS. DAVID: Yes, ditto to Frank and Laura Sayre, and for all your department's
work, and also mahalo nui for Punalu`u. That is such a blessing down there, so
continue the good work and aloha.
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Hawaii County Council — 11
May 6, 2015
CHR KANUHA: Thank you. Any other discussion? Hearing and seeing none,
all in favor say "aye."
Vote on Res. 183-15: The motion to adopt Res. 183-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Ms. Poindexter — 1.
Excused: None.
CHR KANUHA: Motion passes, thank you Battalion Chief. Okay, Resolution
184-15.
Res. 184-15: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT TO
SUBGRANT WITH THE STATE OF HAWAII, DEPARTMENT OF LAND
AND NATURAL RESOURCES (DLNR), AND TO ACCEPT FUNDS
FOR THE ACQUISITION OF KAHUKU COASTAL PROPERTY,
DISTRICT OF KA`U, ISLAND OF HAWAII
Provides for the acquisition of approximately 3,127.95 acres of land located at Tax
Map Key: 9-2-001:075 as a site to expand monitoring, management, and
protection of the potential Hawksbill turtle nesting habitat.
Reference: Comm. 289
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 184-15. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff
MS EOFF: Well, I think it was waived by committee, but I'm going to turn it
over to Ms. David who might have a little bit more information.
CHR KANUHA: Thank you Ms. Eoff Ms. David.
MS. DAVID: Mahalo for this, and mahalo Hamana for being here. This
happened a while ago, and I am really pleased about this acquisition and all your
hard work, the department. Just a brief background, in 2009 the commission
prioritized this parcel, and because of its significance, because it contained
numerous historical sites, it has a klpuka of native low land, dry land forest.
anchialine ponds I know where the area is in Kahuku. It's beautiful, and I also
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Hawaii County Council — 11
May 6, 2015
want to thank, I will let you explain all of the details, but I've been watching this,
and I want to thank the Council Member Brittany Smart for actually bringing the
resolution, or introducing the resolution asking the mayor to authorize discussions
by the department, so I mahalo her for doing that. I also want to thank the mayor,
Mayor Kenoi for his support, and because his support basically acknowledges this
area is very significant for protection. And also lastly but not least, the
Department of Finance for working so many years to negotiate the purchase of
this. I know it's not easy, but you folks work really hard, and I'm very, very
appreciative, because this is something that I think we will all benefit from. So
enough said from me except thank you very much and I will leave it to you.
(Note: At this time, Property Manager Hamana Ventura came forward
to address the members of the Council.)
MR. VENTURA: Mahalo. Hamana Ventura Property Manager again. Under the
charter we're always looking for avenues to leverage our funds, so we're asking
for permission to take in grant funds to help complete the acquisition of this
property.
CHR KANUHA: Thank you, Ms. David. Oh, Ms. Eof£
MS EOFF: Question. So is some of the money coming out of the PONC (Public
Access, Open Space and Natural Resources Preservation Commission) funds, but
most of it is from this grant?
MR. VENTURA: Correct, so approximately half is coming from this fund. We
have another $620,000 coming through Legacy Land Commission. The county's
portion is approximately $762,000.
MS EOFF: Thank you.
MR. VENTURA: Thank you.
CHR KANUHA: Thank you, Ms. Eof£ Any other discussion, Council
Members? Hearing or seeing none, all in favor say "aye."
Vote on Res. 184-15: The motion to adopt Res. 184-15 was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
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Hawaii County Council – 11
May 6, 2015
CHR KANUHA: Motion passes, thank you. Council Members I'm going to take
a brief ten minute recess. Okav_ we're in recess.
Recess: At 11:01 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:15 a.m.
CHR KANUHA: Okay Council Members, we are coming out of recess. We're
going to go to the top of the agenda. Resolution 144-15.
Return to Order of
The Chair directed the Council to return to the order of business.
Business:
ORDER OF
The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS:
Resolutions.
Res. 144-15:
AUTHORIZES THE FINANCE DIRECTOR TO SELL REAL PROPERTY
IN THE KAMAKOA NUI WORKFORCE HOUSING COMMUNITY AT
WAIKOLOA TO HABITAT FOR HUMANITY WEST HAWAII
Authorizes the sale of fee simple land to Habitat for Humanity West Hawaii,
which has obtained appraisals and funding to purchase six vacant lots to develop
affordable housing at Kamakoa Nui.
Reference: Comm. 236
Intr. by: Ms. Eoff
Approve: FC -19
Motion to Approve: Ms. Eoff moved to adopt Res. 144-15 and Finance Committee
Report No. 19. Seconded by Ms. Wille.
CHR KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Yes, I believe we passed it out of committee, and it was just to buy, I
think it's six lots. It's to develop six vacant lots for affordable housing, so I
support this wholeheartedly.
CHR KANUHA: Thank you Ms. Eoff Ms. Wille.
MS. WILLE: Yeah, so we discussed this and I—what I am happy about, is that
by getting this land to Habitat for Humanity it enables us to provide it to the very
lowest income folks. It's pretty exciting. I actually attended a "women's build
week" for Habitat for Humanity in Waikoloa. They had the families, the people
there whose house it was going to be. I was amazed there was like 30-40
volunteers there that came. And anyway thanks to Mr. Early for all he does with
habitat for humanity, and really making it so that, so many folks that would not
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Hawaii County Council — 11
Vote on Res. 144-15
(Adopted)
May 6, 2015
have a place or a home anywhere near where they work, or otherwise are afforded
that opportunity.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion. Hearing or
seeing none, all in favor say "aye."
The motion to adopt Res. 144-15 and Finance Committee
Report No.
19 was carried by the following voice vote:
Ayes:
Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes:
None.
Absent:
Council Member Poindexter —1.
Excused:
None.
CHR KANUHA: Motion passes. Mr. Clerk Resolution 145.
Res. 145-15: APPROVES AND ADOPTS THE 2015-2019 COUNTY OF HAWAII
CONSOLIDATED/ACTION PLAN FOR THE COUNTY OF HAWAII
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP PROGRAMS AND AUTHORIZES THE
MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT
THE CONSOLIDATED/ACTION PLAN AND ALL OTHER RELATED
DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD)
The County's Office of Housing and Community Development anticipates a
CDBG allocation of $2,465,271 from HUD and program income of $215,925.52,
for a total of $2,681,196.52 of CDBG funds for Program Year 2015. Funds would
be used towards projects that benefit persons of low and moderate income
throughout Hawaii Island.
Reference: Comm. 237
Intr. by: Ms. Eoff
Approve: FC -20
Motion to Approve: Ms. Eoff moved to adopt Res. 145-15 and Finance Committee
Report No. 20. Seconded by Mr. Onishi.
MS. EOFF: Thank you. Yes, there are numerous projects that this money is
going towards, and was stated by the Clerk, this does benefits people of low and
moderate incomes throughout the islands for housing, and other access to public
facilities. I urge us to continue to support this.
CHR KANUHA: Thank you, Ms. Eoff Ms. Wille
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Hawaii County Council – 11
May 6, 2015
MS. WILLE: Yeah, Susan is not here, but I'm just thanking the department our
Office of Housing. I think they do an outstanding job of getting grants and funds
in. Okay, and there's our manI'm not looking for—really your whole
department does such a great job. Including in terms of helping the job aspect,
and tying together the housing and jobs, and jobs opportunity. So we help people
so that they can themselves afford to purchase homes and rental units. It's not
just here and always handing out. It's also personal responsibility to help move
and become more able to afford those opportunities. So thank you for your
efforts.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Ms. Eof£
MS. EOFF: I just wanted to point out that some of the money will be used for the
micro housing units in West Hawaii, and I think that's a new innovative
approach to helping solve some of the problems with homelessness on the streets.
CHR KANUHA: Thank you, Ms. Eof£ Any other discussion? Hearing or
seeing none, all in favor say "aye."
Vote on Res. 145-15: The motion to adopt Res. 145-15 and Finance Committee
(Adopted) Report No. 20 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes. Next item Mr. Clerk Resolution 163.
Res. 163-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO COVER UNANTICIPATED EXPENSES
IN THE SALARY AND WAGES ACCOUNT
Transfers/appropriates $75,000 out and from the Clerk -Council Services, Other
Current Expenses, Miscellaneous Contract Services account; and credits the same
to the Clerk -Council Services, Salary and Wages, Regular Salary and Wages
account. Funds would be used to cover a shortage caused by cash in lieu of
vacation pay and to pay for videoconferencing services.
Reference: Comm. 263
Intr. by: Mr. Kanuha (B/R)
Waived: FC
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Hawaii County Council — 11
Vote on Res. 163-15
(Adopted)
May 6, 2015
Ms. Eoff moved to adopt Res. 163-15. Seconded by
Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, Eoff, David, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. I apologize, I wanted to go to Bill 41 and 42.
Which is the Housing Department's bills as well.
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.
Bill 41: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30. 2015
Appropriates revenues in the Federal - 2015 Block Grant account ($2,465,271) and
the Block Grant - Program Income account ($215,925.52); and appropriates the
same to the following accounts: Hilo Adult Day Care Center - Foundation and
Site Improvements ($700,000); West Hawaii Emergency Shelter - Kitchen
Renovations ($255,000); Habitat for Humanity Affordable Workforce Housing -
Land Acquisition ($132,000); Pahoa Fire Station - Wild Brush Truck Acquisition
$235,000; West Hawaii Homeless Micro Housing Units - Site Improvements
($434,771); Kamakoa Nui Mutual Self -Help Housing - Land Acquisition
($200,000); Kona Domestic Abuse Shelter - Kitchen Renovations ($86,500);
Residential Emergency Repair Program ($237,925.52); and Administration,
Planning & Fair Housing ($400,000).
Reference: Comm. 237
Intr. by: Ms. Eoff
Approve: FC -21
Motion to Approve: Ms. Eoff moved to pass Bill 41 on first reading and adopt
Finance Committee Report No. 21. Seconded by
Mr. Onishi.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. This is a companion to the previously discussed
Resolution 145 to fund this.
CHR KANUHA: Thank you. Any other discussion Council Members? Hearing
or seeing none, all in favor say "aye."
Page 40
Hawaii County Council — 11 May 6, 2015
Vote on Bill 41: The motion to pass Bill 41 on first reading and adopt
(Approve Finance Committee Report No. 21 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next Bill 42.
Bill 42: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal - 2015 HOME Program account ($2,852,059)
and the HOME Grant - Program Income account ($69,941.21); and appropriates
the same to the following accounts: Tenant Based Rental Assistance
($666,178.21); Hale Ulu Hoi I and II Apartments ($400,000); Mohouli Heights
Senior Neighborhood 2 ($669,287); Habitat for Humanity Affordable Workforce
Housing ($600,000); Kumakua Self -Help Housing, Increment 2B ($160,000);
Micro Housing First Project ($276,427); and Office of Housing and Community
Development Administration ($150,108).
Reference: Comm. 238
Intr. by: Ms. Eoff
Approve: FC -22
Vote on Bill 42: Ms. Eoff moved to pass Bill 42 on first reading and adopt
(Approved) Finance Committee Report No. 22. Seconded by
Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, Eoff, David, Ragan,
Onishi, Paleka, Wille and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes, thank you. Mr. Clerk, we'll go back to the top
of the agenda. Resolution 165.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Page 41
Hawaii County Council — 11 May 6, 2015
Res. 165-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE AN OUTDOOR
MULTI-PURPOSE SCOREBOARD FOR NA`ALEHU PARK
Transfers/appropriates $5,600 out and from the Clerk -Council Services —
Contingency Relief account (Council District 6); and credits the same to the
Department of Parks and Recreation, Recreation Division Equipment,
Miscellaneous Equipment account (N5'51ehu Park).
Reference: Comm. 265
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 165-15. Seconded by
Mr. Onishi.
MS. DAVID: Yes, I would like to ask everyone's support for this resolution. The
score board for the Na`alehu Park was missing for quite some time, and I have
been hearing about the score board, and the fact when they have games and stuff
it's really hard to keep score. So I was very glad that I had money left in my
contingency, so I could at least do this one little thing for the community,
especially for the kids. So I appreciate your support. Mahalo.
CHR KANUHA: Thank you. Mr. Onishi.
MR. ONISHL I just wanted to make a comment to Council Members, that I
really appreciate you folks helping out Parks and Rec. Previous Councils they
weren't as, I guess, generous as you folks are. So I really appreciate that, coming
from Parks and Rec that's why. But thank you.
CHR KANUHA: Thank you, Mr. Onishi. Ms. David
MS. DAVID: Yes, one last thing. Thank you Mr. Onishi, and I agree totally with
you about supporting Parks and Rec, and that's why I wanted to say thank you to
the Director Honma and also to Mason Souza, because he's going to have to
install this thing. So mahalo, Mason.
CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor say
aye.
Page 42
Hawaii County Council — 11
Vote on Res. 165-15
(Adopted)
Res. 167-15
The motion to adopt Res. 165-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Resolution 167.
May 6, 2015
TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR REPAIRS TO THE HONAUNAU
RODEO ARENA
Transfers/appropriates $15,400 out and from the Clerk -Council Services —
Contingency Relief account (Council District 6); and credits the same to the
Department of Parks and Recreation, Parks Maintenance Other Current Expenses,
Building and Construction Materials account (Honaunau Rodeo Arena).
Reference: Comm. 267
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 167-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. David.
MS. DAVID: Yes, this is another Park and Ree's gem for me. This is a
personalI have a personal, not interest in it, but I have to thank Wally
Nakamoto and Sally Ingster from the Kona Roping Club. They made me realize
that this facility has been basically supported by the roping club over the past 25
years. Everything that needed to be done repairs, maintaining the arena, the sand.
The roping club for several generations have kept up this facility. I'm just sad
that I can only give my contingency to replace the rails. From what I understand
throughout the years, other roping clubs have donated. When they had rodeos,
they would donate the rails, install it, so a lot of work.
The community, this roping community has done a lot, and I just want to say
thank you to them. Last year they celebrated their 50th Kona Stampede Rodeo,
and this year unfortunately was the first year that they could not have a rodeo in
March. That is basically due to the condition of the arena. The sand was so
packed that it was probably dangerous for the horses to run. So I really would
appreciate the Council Members support for this, and also mahalo again to the
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Hawaii County Council — 11
May 6, 2015
community members, and especially our roping club community for all their hard
work, and I appreciate everything they do. Mahalo.
CHR KANUHA: Thank you. Ms. Wille.
MS. WILLE: Now, just appreciate that you're doing this making this gesture, and
I think all of these things we're giving to the parks, it's so important. It's also
what kids aren't doing. Whether it's the skate parks, or the ball fields, et cetera,
and I really think how important it is. Thank you.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Just briefly I
want to say I fully support this. This is badly needed down there. I've been down
there a few times, and whatever we can do to support that arena in the future to
make sure that they can have these functions every year consistently. That's
really important, not only for the people of that area, but the whole island comes
there to celebrate with each other. So mahalo for doing that.
MS. DAVID: Just in closing on a side note, is that arena is the same arena that
when my dad, and my uncles were roping back in the 50's or 60's, or the 60's.
Basically looks the same except for the improvement on the restroom and stuff
So that is a community gathering place, and it's a generational community
facility. So thank you again.
CHR KANUHA: Yep, thank you. Any other discussion? Hearing or seeing
none, all in favor say "aye."
Vote on Res. 167-15: The motion to adopt Res. 167-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next Mr. Clerk Resolution 168. Oh, we
already did that. Resolution 169.
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Hawaii County Council — 11
May 6, 2015
Res. 169-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE FUNDS TO PURCHASE
ULTRAVIOLET BLOCKING WINDOW COVERINGS FOR RICHARDSON
OCEAN PARK
Transfers/appropriates $3,730 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 Contracts account (Richardson Ocean Park —
Window Coverings).
Reference: Comm. 269
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Wille moved to adopt Res. 169-15. Seconded by
Ms. Eoff.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yes, this is one of Ms. Poindexter's priorities. Again we're helping
one of the parks. I guess helping to fix up the building, the community building
there. And I know she wanted me to make sure that we're waiving the five-day
period. So I just want to make sure that we're doing that holdover, whether we do
it general or separate. I want to mention it, so I don't forget.
CHR KANUHA: Okay, thank you. I think we can discuss that after we go
through the CRF's.
MS. WILLE: Okay.
CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor say
aye.
Vote on Res. 169-15: The motion to adopt Res. 169-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 170.
Page 45
Hawaii County Council — 11
May 6, 2015
Res. 170-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE TWO PORTABLE
BASKETBALL SYSTEMS FOR COUNCIL DISTRICT 1
Transfers/appropriates $5,100 out and from the Clerk -Council Services —
Contingency Relief account (Council District 1); and credits the same to the
Department of Parks and Recreation, Recreation Division Equipment,
Miscellaneous Equipment account (Recreation Equipment — Council District 1).
Reference: Comm. 270
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Wille moved to adopt Res. 170-15. Seconded by
Ms. Eoff.
CHR KANUHA: Ms. Wille.
MS. WILLE: Again, on behalf of Ms. Poindexter, she's trying to improve our
parks, and make it so they're really functional in this case. So I urge you to
support it.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say "aye."
Vote on Res. 170-15: The motion to adopt Res. 170-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 171.
Page 46
Hawaii County Council — 11
May 6, 2015
Res. 171-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
NA`ALEHU THEATER FOR EXPENSES ASSOCIATED WITH THE
2015 HILO SLACK KEY MUSIC FESTIVAL
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Department of Research and Development, Tourism Promotion, Miscellaneous
Contract Services account (Na`alehu Theater, 2015 Hilo Slack Key Music
Festival).
Reference: Comm. 271
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 171-15. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. This slack key festival has been an
integral part of the music scene here in Hawaii, and I am glad to see that other
Council Members are choosing to support this event. My dad was aI got to
think of him when I think of slack key festival. A lot of these individuals I grew
up with, and just continuing the Ki Ho`alo. Is very important to our heritage, and
host culture of this great land of ours. So I just hope for your support, and hope to
see you there at the festival.
CHR KANUHA: Thank you. Ms. David.
MS. DAVID: Yes, aloha. Thank you Mr. Paleka, and I believe Mr. Chung is also
supported this, but I'm sorry I don't have any money. But I would have loved to
donate some too, but I really support the Ki Ho`alo Festival, and I will support
this resolution. Mahalo
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say "aye."
Vote on Res. 171-15: The motion to adopt Res. 171-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
Page 47
Hawaii County Council — 11 May 6, 2015
CHR KANUHA: Motion passes. Next item Mr. Clerk.
Res. 173-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE TROPHIES FOR THE
KUPUNA STATE SOFTBALL TOURNAMENT
Transfers/appropriates $800 out and from the Clerk -Council Services —
Contingency Relief account (Council District 2); and credits the same to the
Department of Parks and Recreation, Elderly Activities Division Special Programs
Other Current Expenses, Miscellaneous Charges account
(Trophies — Kupuna State Softball Tournament).
Reference: Comm. 273
Intr. by: Mr. Chung
Vote on Res. 173-15: Mr. Chung moved to adopt Res. 173-15. Seconded by
(Adopted) Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 174-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA`ALEHU
THEATER FOR THE 2015 HILO SLACK KEY MUSIC FESTIVAL
Transfers/appropriates $2,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 2); and credits the same to the
Department of Research and Development, Tourism Promotion, Miscellaneous
Contract Services account (Na`alehu Theater, 2015 Hilo Slack Key Music
Festival).
Reference: Comm. 274
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 174-15. Seconded by
Mr. Paleka.
CHR KANUHA: Any discussion, Mr. Chung?
Page 48
Hawaii County Council — 11
Vote on Res. 174-15
(Adopted)
May 6, 2015
MR. CHUNG: Yes, Mr. Paleka and Ms. David said it all, so I ask for everyone's
support.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say "aye."
The motion to adopt Res. 174-15 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next item, Mr. Clerk.
Res. 175-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR PARK IMPROVEMENTS AT
VARIOUS FACILITIES IN COUNCIL DISTRICT 2
Transfers/appropriates $23,590 out and from the Clerk -Council Services —
Contingency Relief account (Council District 2); and credits the same to the
Department of Parks and Recreation, Transfer to Capital Project Fund -G,
Miscellaneous Charges account (Discretionary Projects — Council District 2).
Reference: Comm. 275
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 175-15. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Chung, any discussion?
MR. CHUNG: Just very briefly, I'm trying to move these out, so they have a
little bit more vitality in the next year or so. I guess this is really a tribute to my
predecessor Mr. Yoshimoto for being so frugal. Thank you
CHR KANUHA: Thank you Mr. Chung. Any other discussion? Ms. Wille.
MS. WILLE: Yeah, great grant and the more we improve the parks all around the
county, I think the greater our wellbeing on many levels.
CHR KANUHA: Thank you Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor say "aye."
Page 49
Hawaii County Council — 11 May 6, 2015
Vote on Res. 175-15: The motion to adopt Res. 175-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk next item
Res. 176-15: 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
FRIENDS OF THE FUTURE FOR THE 2015 HONOKA`A WESTERN
WEEK FESTIVAL
Transfers/appropriates $5,000 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 (2015 Honoka`a
Western Week).
Reference: Comm. 276
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Wille moved to adopt Res. 176-15. Seconded by
Ms. Eoff.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, this was last year, I know there was a phenomenal and
fantastic effort on the Western Festival in Honoka`a. Ms. Poindexter was very
instrumental in that, and she's providing some funds for the organizing, and
they're already working on it. I urge you to support it.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say "aye."
Page 50
Hawaii County Council — 11 May 6, 2015
Vote on Res. 176-15: The motion to adopt Res. 176-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 177-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH
SCHOOL FOR THE 2015 ST. JOSEPH HIGH SCHOOL PROJECT GRAD
NIGHT
Transfers/appropriates $250 out and from the Clerk -Council Services —
Contingency Relief account (Council District 3); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 St. Joseph High School Project Grad Night).
Reference: Comm. 277
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 177-15. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Just asking for support, thanks.
CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor say
aye.
Vote on Res. 177-15: The motion to adopt Res. 177-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Next item, Mr. Clerk.
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Hawaii County Council – 11 May 6, 2015
Res. 178-15: 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
WAIMEA PRESERVATION ASSOCIATION FOR THE MINUKE`OLE PARK
RESTORATION AND CHERRY BLOSSOM TREE BEAUTIFICATION
Transfers/appropriates $5,000 out and from the Clerk -Council Services –
Contingency Relief account (Council District 9); and credits the same to the
Department of Research and Development, Hawaii County Resource Center,
Miscellaneous Contract Services account (Waimea Preservation Association).
Reference: Comm. 278
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 178-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, I do have an amendment, but I want to say again this is—that
we've had this potential park with two potential soccer fields, and with the help of
the rotary club, and the Waimea Preservation Association, we're getting that up
and going. This is right behind Parker Ranch Center, and which is where one of
the focal points of the Cherry Blossom festival, and there are cherry trees there
that need replacing, and fixing up. Just making it a real park. Right now it's non-
functional, so this is giving additional money. I do want to amend this Resolution
178 with the contents of Communication 278.1.
Motion to Amend: Ms. Wille moved to amend Res. 178-15 with the contents
of Comm. 278.1. Seconded by Mr. Onishi.
CHR KANUHA: Ms. Wille.
MS. WILLE: Okay, so on its face what this amendment does, it reduces the
amount of the grant from $5,000 to $3,000, but what it really is doing is, there
was a resolution last year number 18-14 for $5,000 to the same park, and we
thought we were going to have to rewrite that, so when I submitted this, but they
were able to work out whatever the issues were with the rotary club, or the
preservation association. So the net effect is the total of $8,000 is going to this
project, so I ask for your support
CHR KANUHA: Thank you Ms. Wille. Any other discussion on the
amendment? Hearing or seeing none, all in favor say "aye."
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Hawaii County Council – 11
Vote on Motion to The motion to amend Res. 178-15 with the contents of
Amend: Comm. 278.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
May 6, 2015
CHR KANUHA: Now on to the main motion as amended. We can vote on this
today can't we?
MR. MAEDA: Yes, I believe so.
CHR KANUHA: Okay, any discussion?
MS. WILLE: Just urge your support.
CHR KANUHA: Hearing or seeing none, all in favor say "aye."
Vote on Res. 178-15: The motion to adopt Res. 178-15, as amended to Draft 2, was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes as amended. Okay, Mr. Clerk where are we?
Are we onto Bills?
MR. MAEDA: We're on Bill 39.
MS. WILLE: Do we want to waive the
CHR KANUHA: Oh, sorry, sorry, sorry. Before somebody makes a motion, I
want to just kind of briefly explain, there are—can we talk about this right now?
Yeah, we'll just do it. If somebody wants to waive the reconsideration, the
five-day reconsideration for contingency relief funds. I just wanted to make it
clear, that getting it to the mayor as soon as possible is kind of a facade almost,
because it does take several days to process this within our department. So it
doesn't really get there immediately. So I just wanted to say that to the rest of the
Council Members, when making motions for, to remove the five-day
reconsideration on these contingency relief funds.
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Hawaii County Council — 11 May 6, 2015
MS. WILLE: I'll still move to waive the five-day suspension for no
consideration.
CHR KANUHA: Okay, wait before I get that motion on the floor. I want to hear
from Mr. Onishi.
MR. ONISHL I just want to find out so how long does it take?
CHR KANUHA: It takes close to three days, if I'm right Mr. Clerk? I mean got
to get all the signatures and it does take a while. Mr. Clerk do you want to?
MR. MAEDA: To process all of the paperwork and the letters, and to also get the
signatures. It takes probably two or three days. So really it only goes out a
couple days earlier than it would normally go out.
MR. ONISHL So is it possible when we do the waiver you folks expedite it?
MR. MAEDA: Yeah, the staff is aware, and they have been expediting it.
MR. ONISHL No, no what Iusually it takes two to three days you said right.
That's a normal operation?
MR. MAEDA: No, to expedite the process it usually takes two to three days.
MR. ONISHL So how long does it take if we don't waive this five day
reconsideration?
MR. MAEDA: It will go out probably within the five days.
CHR KANUHA: As soon as possible.
MR. MAEDA: Yeah, it will get processed as soon possible, but waiving the
five-day reconsideration period, would only take a couple days off the process.
Probably we'll try to expedite it as soon as possible. But it depends how many
measures we're talking about, how many resolutions, so it takes a while.
MR. ONISHL But isn't the letter kind of like a generic letter? All you doing is
changing whatever the topic is?
MR. MAEDA: Yes, they're form letters, but we have to make sure that all of the
dates are correct, the numbering is all correct, and so it still is a process that we
need to go through.
MR. ONISHL Okay.
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Hawaii County Council – 11
May 6, 2015
CHR KANUHA: Yeah, and that's kind of the perception. I wanted to give to the
rest of the Council Members about this five day reconsideration rule. Ms. Wille.
MS. WILLE: I think though there is a difference. It's not just the number of
days, but at least the department knows it's a done deal, and not that one of us is
going to reconsider. They know it's done.
MR. ONISHL If they hear about it.
MS. WILLE: The department will know about it. I would think they've been
asking for it.
CHR KANUHA: Ms. Wille are you?
MS. WILLE: Yeah.
CHR KANUHA: Okay, thank you. I just want to, Mr. Chung, go right ahead
Mr. Chung.
MR. CHUNG: Okay, yeah. I am just wondering, Mr. Chairman, instead of doing
everything on mass, if we could just do individual ones. Because I just have one
that I'd like to see expedited. So at least the Clerk can just focus on a few. Is that
okay?
CHR KANUHA: That's completely fine.
MR. CHUNG: Why don't we do it in the context of what we have right now?
MS. WILLE: I'd like to do them all. I know Ms. PoindexterI have a special
note here to make sure that I do this. So I am under orders. Is there anybody that
doesn't want there's ex—within the next few days? Anyway.
CHR KANUHA: I know there are several that wants them to be expedited, and it
will still take several days for it to be expedited anyways. So I think we can do
them in mass at this point.
MR. CHUNG: All right. That's fine.
CHR KANUHA: So I'm going to ask for a motion to suspend the rules for the
five-day reconsideration.
MR. PALEKA: Motion to suspend Council Rule number 15 to remove the five
day hold or reconsideration period for all CRF's from 161, 162, 164, 165, 167,
168, 169, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 80
Page 55
Hawaii County Council — 11
Vote on Motion to
Suspend Council
Rules:
(Approved)
R eves s
Reconvene:
BT I S FOR
May 6, 2015
Mr. Paleka moved to suspend Council Rule 14 to waive
the five-day holdover for reconsideration on all contingency
fund transfer resolutions listed on the agenda. Seconded by
Ms. Wille and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk I wanted to go back, because of the
amendment that was made to Resolution 178-15. Within our rules we have to
automatically hold it over. We talked about this before, about substantive
amendments, and periods and commas. We could be able vote on this. But
because it deals with several thousand dollars of money, I think it needs to be held
over just for theI'd rather not suspend that rule. I don't think we need to
suspend those rules. I don't think it's in aoh, but we moved to expedite it
already.
MS. WILLE: I think it is a very clear change. There's not something that's
ambiguous, but however you want to handle it. I'm amenable.
CHR KANUHA: I think at this point we're going to have to maybe suspend that
rule. Mr. Clerk I just want to make sure that this is where we want
MR. MAEDA: Can we take a five-minute recess?
CHR KANUHA: Yeah, please. We'll take a five-minute recess.
At 11:53 a.m., the Chair called for a recess.
The meeting reconvened at 11:54 a.m.
CHR KANUHA: Okay, we are coming out of recess. Mahalo for your patience.
At this point I think we can just move forward with the original motions if that's
okay. Next item on the agenda Bills for Ordinances, Bill 39.
The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES for Ordinances (First Reading).
(FIRST READING):
Page 56
Hawaii County Council — 11 May 6, 2015
Bill 39: AMENDS CHAPTER 14, ARTICLE 13, OF THE HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RELATING TO SOLICITING FOR
MONEY OR OBJECTS OF VALUE
Amends multiple definitions and what constitutes a prohibited act to expand and
more clearly define first amendment protections for solicitation -related activity.
Reference: Comm. 233
Intr. by: Mr. Kanuha
Approve: FC -24
Motion to Approve: Ms. Eoff moved to pass Bill 39 on first reading and adopt
Finance Committee Report No. 24. Seconded by
Ms. David.
CHR KANUHA: Mr. Chung, I think you have your light on.
MR. CHUNG: Thank you, Mr. Chairman. I just wanted to ask a few questions
about this. I'm in support of it of course, but there's been so many ramseyered
changes here that I wanted to make sure I understand this correctly. So the only
prohibited act is that no person shall solicit in an aggressive manner in any public
place, or are there other prohibited acts?
CHR KANUHA: I'd really want torather you ask the Corporation Counsel on
this. There watching right now, Mr. Yoshimoto.
MR. CHUNG: Oh, hey J.
CHR KANUHA: So if we could, I'd like to table this. So we can bring Corp
Counsel up to answer some of these questions. If that's okay with you.
MR. CHUNG: Okay, okay.
CHR KANUHA: But you can go forward if you.
MR. CHUNG: That's all, I mean if J is listening, I just wanted to know if that is
in fact the only prohibited act. Because if it is, then based on my reading of this,
we still have definitions pertaining to intentionally and knowingly. I'm just
wondering why we need those two definitions. All we need would be a public
place, aggressive manner, and solicit.
CHR KANUHA: Yeah, and that's definitely a good question to ask them. I
know they've been working on this with the ACLU. So this is what they both
came up with, but we can wait for Corp. Counsel to come and answer those
questions for sure.
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Hawaii County Council — 11
MR. CHUNG: Okay.
May 6, 2015
CHR KANUHA: Thanks. At this point we can table this one, and wait for Mr.
Yoshimoto to get here. So can I ask for a motion to table Bill Number 39?
Vote on Motion to Ms. Wille moved to table Bill 39. Seconded by Mr. Onishi
Table: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes, and we'll just skip over to Bill 40. So we will
go to Bill 43. Mr. Clerk.
Bill 43: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Increases revenues in the Transfer from General Fund account ($10,000); and
appropriates the same to the Recycling Programs -County Other Current Expense
account (Grant to Recycle Hawaii, Zero Waste Programs - District 9). Funds
would be used to support, initiate, and facilitate Zero Waste programs at District 9
public and charter schools.
Reference: Comm. 239
Intr. by: Ms. Eoff
Approve: FC -23
Motion to Approve: Ms. Eoff moved to pass Bill 43 on first reading and adopt
Finance Committee Report No. 23. Seconded by
Ms. Wille.
CHR KANUHA: Any discussion? Ms. Wille.
MS. WILLE: This is a follow up from the Sierra for getting zero waste projects
going at each of the 10 public and charter schools in my district, and so each one
has a lot of differences. But the kids, the ones that are known are all very excited,
and they'll be working with Noah Dodd and Sam Robinson. They'll be also
putting together a report for each of the schools, as well as a more generic report
that could be available to other schools. What questions to look for, and what the
issues are and challenges, and suggestions. So I urge your support.
CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka.
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Hawaii County Council — 11
Vote on Bill 43
(Approved)
ORDER OF
THE DAY
(SECOND OR
FINAL READING):
May 6, 2015
MR. PALEKA: I'm certainly going to support this measure. I met with
Mr. Dodd and knowing his background, and what he can provide for our children
in terms of educational value for zero waste. I totally support this matter. Thank
you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Chung, your light's on. Did you
have—okay, any discussion Council Members? Hearing or seeing none, all in
favor say "aye."
The motion to pass Bill 43 on first reading and adopt
Finance Committee Report No. 23 was carried by the
the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay Mr. Clerk, we will go to the order of the
day second and final reading Bill 282.
The Chair directed the Council to proceed to the next order of business,
Order of the Day (Second or Final Reading).
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Hawaii County Council — 11
May 6, 2015
Bill 282: AMENDS CHAPTER 25, ARTICLE 3, SECTION 25-3-2, ARTICLE 4,
(2012-2014) SECTION 25-4-59.2, AND ARTICLE 7 OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE
PAHOA VILLAGE DESIGN (PVD) DISTRICT TO INCLUDE ADOPTED
DESIGN GUIDELINES AND A DESIGN REVIEW COMMITTEE, AND
PROVIDING AN EXCEPTION TO OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR SAID SPECIAL DISTRICT (Planning Director Initiated)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to the Zoning Code, which provides a process for community
review of project applications and plan, and to provide distinct requirements for
Off -Street Parking and Loading in the proposed PVD District.
Reference: Comm. 1027
Intr. by: Mr. Kern (B/R)
First Reading: March 4, 2015
Postponed: March 18, April 1 and 15, 2015
(Note: There is a pending motion by Mr. Eagan and duly seconded by
Mr. Paleka to approve Bill 282.)
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Well, I just wanted to say thank you, Council Members, for
working with me on these three bills, and I hope that I can continue to have your
support. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Ms. Wille.
MS. WILLE: You can of course continue to have my support, but I certainly
appreciate your efforts in this area. I appreciate like the Shipman representatives,
Bill Walters and others, coming around and educating us. It was really from that
meeting that it was clear to me that just as Waimea needs a regional transit hub
that one should be also in Kea`au. We need to move that forward, so whatever
planning goes on in this design review before everything is locked in place, that
concept of the transportation concept with the regional transit hub in mind, I think
should be included. I think one of the ways that Kea`au and Waimea are similar,
is they're sort of educational hubs. A lot of schools, a lot of very short travel
parents going in, and so yes, I of course support you and your efforts.
CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka.
MR. PALEKA: Thank you, Margaret for supporting our Puna district. This has
been a long time coming and I am really happy. I'm hoping for all of your
Page 60
Hawaii County Council — 11
Vote on Bill 282
(Adopted)
May 6, 2015
support. Our community is really looking forward to the passage of this, they've
been waiting for a long time. I know my predecessor and Council Member
Ilagan—hats off to you brother for all the hard work you have done. But really to
our community, our community development plan, the steering committees,
Pahoa Main Street, all of the good people that really came together to put this
design district plans and these other two bills that are going to also come before
us. But I just please ask for your support in moving this forward. It's a long time
coming, and hope it's finally here.
CHR KANUHA: Thank you, Mr. Paleka. Ms. Eoff.
MS. EOFF: Yeah, I wanted to reiterate this came to us last term with quite a bit,
great deal of community support and work had gone into this. Thank you for the
work that you did with the Planning Department. I know it got a little bit held up,
and postponed, because it was the first thing that came forward during the same
time that the bill introduced to change the process for PUDs, Planned Unit
Developments, was adopted. So I know you had to incorporate all the changes to
make the Code read correctly. So good work.
CHR KANUHA: Thank you, Ms. Eoff. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. Of course anything for you, Council
Member Eoff. I just wanted to mention the previous comments that Council
Member Wille made. This is the Pahoa Village Design, so it has nothing to do
with the Kea`au area. I just wanted to be clear so the public doesn't confuse the
two. I do want to say thank you for the support, Council Member Wille. I greatly
appreciate it, and thank you Council Member Paleka for working with me.
You've been a great advocate for this, and I enjoy working with you in the
projects in Puna. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or
seeing none, all in favor say "aye."
The motion to pass Bill 282 on second and final reading
was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 283, Draft 2.
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Hawaii County Council — 11
May 6, 2015
Bill 283: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 7 AND ARTICLE 6,
(Draft 2) DIVISION 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
(2012-2014) AS AMENDED), RELATING TO REVIEW OF DEVELOPMENT PROJECTS
PROPOSED WITHIN A SPECIAL DISTRICT (Planning Director Initiated)
The Windward and Leeward Planning Commissions forward their favorable
recommendation for this amendment to the Zoning Code, which would create a
process within the Zoning Code that requires the Planning Director and/or the
applicable planning commission to review and consult with a local design review
committee for certain land use permit applications situated within a special district
to promote consistency with applicable adopted design guidelines and/or
standards.
Reference: Comm. 259.3
Intr. by: Mr. Kanuha
First Reading: March 4, 2015
Postponed: March 18, April 1 and 15, 2015
(Note: There is a pending motion by Mr. Eagan and duly seconded by
Mr. Paleka to approve Bill 283.)
CHR KANUHA: Thank you, Mr. Clerk. Okay, may I have a motion to approve
Mr. Eagan?
MR. ILAGAN: There's already a pending motion.
CHR KANUHA: Oh, sorry I just want to say, I don't think I introduced this.
MR. ILAGAN: Well first of all I just want to say, thank you for claiming the
credit for this Pahoa district. I believe there's a typo. It's introduced by
Mr. Kern, by request. The reason why where here today is, because we had to
postpone it due to the amendment that we made last Council meeting. I see that
Mr. Kanuha claimed the bill, but it's all forgiven. At least we're collaborating
with Kona and Puna working together on this one, thank you.
CHR KANUHA: Thank you, Mr. Eagan, I'm glad I could introduce, no I'm just
kidding. Mr. Clerk.
MR. MAEDA: Chair, the reason why that your name appears on there is, because
it is a Draft 2 and the previous Council Member is no longer here.
CHR KANUHA: Got it. I think you guys explained this to me before, so now I
recall. Mahalo for that explanation. Mr. Paleka.
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Hawaii County Council – 11
May 6, 2015
MR. PALEKA: I'm glad you recall, but just, I'm really—having come up
during the process of getting this village design, the Pahoa Village Design
District. I just wanted to say how important it is, because it's going to lend to
having a certain feel and texture to that community, and keeping it and
perpetuating that. I think it's real important, and a lot of the inhabitants and
business owners in that area really want it. They've kind of done it already in
their own, but to have it codified and consistent with the language of our Code
just keeps it more in line, and we hope to keep it that way. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Is there any other discussion?
Hearing or seeing none, all in favor say "aye."
Vote on Bill 283: The motion to pass Bill 283, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes. We'll go on to Bill 291.
Bill 291: AMENDS CHAPTER 3 OF THE HAWAII COUNTY CODE 1983
(2012-2014) (2005 EDITION, AS AMENDED), RELATING TO REGULATION OF SIGNS
IN THE PAHOA VILLAGE DESIGN DISTRICT
Sets forth the requirements and procedures for obtaining a permit for signage
within the Pahoa Village Design District. Also establishes the review process for
sign permit applications.
Reference: Comm. 1044
Intr. by: Mr. Kern (B/R)
First Reading: March 4, 2015
Postponed: March 18, April 1 and 15, 2015
(Note: There is a pending motion by Mr. Eagan and duly seconded by
Mr. Paleka to approve Bill 291.)
CHR KANUHA: Thank you, Mr. Clerk. There's a pending motion.
Mr. Eagan, any discussion? Council Members? Okay, hearing or seeing none, all
in favor say "aye."
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Hawaii County Council — 11
Vote on Bill 291
(Adopted)
Vote on Motion to
Remove Bill 39
from the Table:
(Approved)
The motion to pass Bill 291 on second and final
reading was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay, we have Mr. Yoshimoto.
Mr. Yoshimoto are you ready to go?
MR. YOSHIMOTO: As ready as I'll ever be.
May 6, 2015
CHR KANUHA: Okay, Council Members may I make—can I have a motion to
take Bill 39 off the table?
Ms. Eoff moved to remove Bill 39 from the table.
Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay Mr. Clerk, now we're on Bill 39. We
don't need to read it in? Okay, Mr. Chung you have the floor for Bill 39.
MR. CHUNG: Thank you Mr. Chairman. I hope I didn't bring you all the way
over here for nothing, J. Because I'm reading this bill and it seems there's so
many changes here. But it seems that the only prohibited act is, that no person
shall solicit in an aggressive manner in any public place. Is that the only
remaining prohibition, or is there something hidden over here that I over looked?
(Note: At this time, Deputy Corporation Counsel J Yoshimoto came
forward to address the members of the Council.)
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Hawaii County Council – 11
MR. YOSHIMOTO:
Corporation Counsel.
portion of Bill 39?
May 6, 2015
Good afternoon, Council Members. J Yoshimoto, Deputy
So Council Member Chung, you're looking at which
MR. CHUNG: 14-75.
MR. YOSHIMOTO: Okay, so this is the Definition portion of this section. Okay,
and is there ait references Public Places right, under the definition?
MR. CHUNG: Well yeahno, but I am looking at the Prohibited acts, Section
14-75, under Section 3 of the Bill.
MR. YOSHIMOTO: Okay. I'm looking at this bill too, and I'm not sure I have
the correct copy. My apologies. I was the copy that I have is completely
stricken with the entire section. Is that the same copy you have?
MR. CHUNG: Yeah, and the only thing that remains, seems to be that "no person
shall solicit in an aggressive manner ... "
MR. YOSHIMOTO: Oh, I see.
MR. CHUNG: Everything else has been gutted from (1) all the way through (12)
and also subsection b(1).
MR. YOSHIMOTO: Right, okay. Council Member Chung, I worked on Bill 40.
So if you allow me to, I guess gather our notes as far as Bill 39 then I can get back
to you. Maybe after lunch or something.
MR. CHUNG: Just try look, I mean it looks like—
MR. YOSHIMOTO: Yeah.
MR. CHUNG: That there's only one thing.
MR. YOSHIMOTO: That's correct. It's the plain meaning.
MR. CHUNG: So, because I'm sure you can feel this one. We don't want to
come back after lunch, that's why. So now look at the preceding section,
Section 2. Because we took out a lot of things in there, too. But all that remains
it appears is "aggressive manner."
MR. YOSHIMOTO: Right.
MR. CHUNG: Okay, and there some things related to that. Then we took out a
lot of things, and then we have "intentionally and knowingly," and then we also
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Hawaii County Council — 11
May 6, 2015
have "public place" defined. And at the bottom we have "soliciting." But if the
only prohibited act that remains, is that "No person shall solicit in an aggressive
manner in any public place." I'm just wondering if it's necessary for us to have
definitions pertaining to "intentionally and knowingly," because it's not
referenced in the prohibition.
MR. YOSHIMOTO: Well that's—
MR. CHUNG: Yeah, because I took a look at the County Code, and this is all
that pertains to this article. It's only these two sections.
MR. YOSHIMOTO: Right. I would have to check with the entire section, to
basically see if these words are used in other parts of the section. I didn't check
the entire article, so maybe, again, if we have time to look at that and see.
Because generally speaking when you have definitions they apply to the entire
MR. CHUNG: I'm pretty sure these two sections are the only ones in the article.
MR. YOSHIMOTO: Oh, okay.
MR. CHUNG: But we have the County Code over there, maybe we can go to the
next one. Because I don't think anybody has any questions.
MR. YOSHIMOTO: Okay.
MR. CHUNG: Table it again.
CHR KANUHA: I think we might need to table this one again. Motion to table.
Vote on Motion Ms. Wille moved to table Bill 39. Seconded by
to Table: Mr. Onishi and carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay Mr. Clerk we can go on to Bill 40.
That's the next one, yeah.
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Hawaii County Council – 11
May 6, 2015
Bill 40: AMENDS CHAPTER 15, ARTICLES 2 AND 3, OF THE HAWAII COUNTY
(Draft 2) CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKS AND
RECREATION
Amends various sections to expand and more clearly define first amendment
protections for solicitation -related activity at County parks and recreational
facilities.
Reference: Comm. 234.2
Intr. by: Mr. Kanuha
Approve: PWPRC-8
(Note: Comm. 234.3, from Council Chair Dru Kanuha dated April 24, 2015,
transmitting proposed amendments to Bill 40, Draft 2, was circulated.)
Motion to Approve: Ms. David moved to pass Bill 40, Draft 2, on first reading and
adopt Public Works and Parks and Recreation Committee
Report No. 8. Seconded by Ms. Eoff
Motion to Amend:
Vote on Motion
to Amend:
(Approved)
CHR KANUHA: Any discussion Council Members on Bill 40, Draft 2? Okay, I
do have an amendment to Bill 40, Draft 2. May I have a motion to amend Bill 40,
Draft 2, with the contents of Communication 234.3?
Ms. Wille moved to amend Bill 40, Draft 2, with the contents
of Comm. 234.3 Seconded by Ms. Eoff
CHR KANUHA: Council Members, this is just basic housekeeping, needed to
put on—in Section 15-35 there is an "or" that needed to be put in for section (c)
number (1). So it's just basic housekeeping that needed to be done. Is there any
discussion on this amendment? Hearing and seeing none all in favor say "aye."
The motion to amend Bill 40, Draft 2, with the contents of
Comm. 234.3 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes. So now on to the main motion as amended.
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Hawaii County Council – 11
Vote on Bill 40: The motion to pass Bill 40, as amended to Draft 3,
Draft 2 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
May 6, 2015
CHR KANUHA: Motion passes. We'll just go on to the bottom, bill—not that
one—Bill 44.
Bill 44: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the State Grants – Safe Routes to School Program Grant
account ($48,000); and appropriates the same to the Safe Routes to School
Program Grant. Funds would be used to improve the ability of children to walk or
bicycle safely to school.
Reference: Comm. 251
Intr. by: Ms. Eoff
First Reading: April 15, 2015
Vote on Bill 44: Ms. Eoff moved to pass Bill 44 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes, Mr. Clerk, Bill 45.
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Hawaii County Council — 11
May 6, 2015
Bill 45: 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 ($4,000); and
appropriates the same to the Traffic Signs and Markings Other Current Expenses
account (Convex Mirrors — District 2).
Vote on Bill 45
(Adopted)
Reference: Comm. 252
Intr. by: Ms. Eoff
First Reading: April 15, 2015
Ms. Eoff moved to pass Bill 45 on second and final
reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 46.
Bill 46: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2015, RELATING TO THE TRANSFER OF FUNDS TO
THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
Increases revenues in the Real Property Tax Interest account ($112,500); and
appropriates $100,000 to the Transfer to Public Access/Open Space Preservation
Fund and $12,500 to the Transfer to Public Access/Open Space Preservation
Maintenance Fund accounts.
Reference: Comm. 253
Intr. by: Ms. Eoff
First Reading: April 15, 2015
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Hawaii County Council — 11
Vote on Bill 46: Ms. Eoff moved to pass Bill 46 on second and final
(Adopted) reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
May 6, 2015
CHR KANUHA: Motion passes. Just real quickly, we will do the financial
report.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2015, from the
Department of Finance.
Vote on Motion Ms. Eoff moved to accept the Financial Report for
to File: March 31, 2015. Seconded by Mr. Onishi and carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Oh.
MS. WILLE: Can I ask a question.
CHR KANUHA: Sure, We'll have Ms. Wille ask a question.
MS. WILLE: Okay, on the reports they don't give any sort of, it's like the
three basically, we're at three quarters of the year at this point, 3/31. There's no
place that we have sort of an estimate for the rest of the year. Is that always been
done that way? Where you really just on a month by month basis without any
looking forward?
CHR KANUHA: As far as I know, yeah.
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Hawaii County Council — 11
MS. WILLE: Okay.
May 6, 2015
CHR KANUHA: Thank you Ms. Wille. Any other discussion? We'll revote on
that one. Hearing or seeing none, all in favor say "aye."
Vote on Motion The motion to accept the Financial Report for
to File: March 31, 2015 was carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay, we have a motion to take, are we okay
with going back to Bill 39? Motion to take Bill 39 off the table.
Vote on Motion to Ms. David moved to remove Bill 39, from the table.
Remove Bill 39 from Seconded by Mr. Onishi and carried by the
the Table: following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay we are back to Bill 39. Mr. Chung, I'll
give you the floor.
MR. CHUNG: We just let Mr. Yoshimoto explain.
CHR KANUHA: Okay.
(Note: At this time, Deputy Corporation Counsel J Yoshimoto came
forward to address the members of the Council.)
MR. YOSHIMOTO: Thank you, Council Chair. Council Member Chung yeah,
you are correct, based on my review at looking at Chapter 14. This particular
section, these definition terms are not used, and therefore it would be appropriate
to take these definitions out. Since they're not being utilized in this section.
MR. CHUNG: So, um.
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May 6, 2015
MR. YOSHIMOTO: So we can take care of that, I guess, at the next reading.
MR. CHUNG: Is this the Order of the Day?
MR. YOSHIMOTO: First Reading.
MR. CHUNG: Oh, this is First Reading?
MR. YOSHIMOTO: So there's time.
MR. CHUNG: I thought this was the final reading. So we have time to do that.
Since you're here J, it's out of order. I wanted to publicly thank you which I did
earlier for the frugality, and your use of your discretionary funds. I transferred
them over to another account, which it gave it vitality. But thank you so much J.
Thank you.
MR. YOSHIMOTO: Thank you.
CHR KANUHA: Thank you, Mr. Chung. Thank you, Mr. Yoshimoto. Is there
any more discussion on Bill 39? Ms. Wille.
MS. WILLE: I guess my only question is, is this anything we negotiated with
other people for these wordings? I just don't want to hold up some process or
interfere with something.
MR. YOSHIMOTO: Hi, J Yoshimoto, Deputy Corporation Counsel. Yes,
Council Member Wille as you recall this is part of a settlement that is being
currently worked on, and based upon our initial review, these changes would not
change the substantive nature of the bill itself. So I don't think it will have any
effect.
MS. WILLE: So you're confident, I don't see it as a problem.
MR. YOSHIMOTO: Right.
MS. WILLE: But I just wanted to raise the issue since we're not the only party in
the decision making.
MR. YOSHIMOTO: So I'm hopeful and confident, but then as you know, things
are still being negotiated. So anything can happen. But this makes sense. What
Council Member Chung had mentioned makes sense.
CHR KANUHA: Yes. Thank you, Ms. Wille. Thank you, Mr. Yoshimoto. Any
other discussion? Hearing or seeing none, all in favor say "aye."
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Vote on Bill 39:
(Adopted)
Bill 35:
Motion to Approve:
May 6, 2015
The motion to pass Bill 39 on first reading and adopt
Finance Committee Report No. 24 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter –1.
Excused: None.
CHR KANUHA: Motion passes, thank you Mr. Yoshimoto. Okay Council
Members, are you okay with moving on from here, or do you want to take a lunch
break? I just want to hear from you guys. Okay sounds good. There's pupus and
sandwiches in the back, so please help yourself We'll go to bill—where are we?
MR. MAEDA: Bill 35.
CHR KANUHA: Bill 35.
ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 14-84 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF
2015
Incorporates the scheduled increase to minimum wage effective January 1, 2016,
into the proposed Salary Ordinance of 2015.
Reference: Comm. 205
Intr. by: Ms. Eoff
First Reading: April 15, 2015
(Note: Comm. 205. 1, from Council Member Greggor Eagan, dated May 1, 2015,
transmitting proposed amendments to Bill 35, was circulated.)
Ms. Eoff moved to pass Bill 35 on second and final reading.
Seconded by Ms. David.
CHR KANUHA: Mr. Eagan.
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May 6, 2015
MR. ILAGAN: Thank you, Mr. Chair. I wanted to make an amendment, and I
would like to amend Bill Number 35 with Communication 205.1.
Motion to Amend: Mr. Eagan moved to amend Bill 35 with the contents of
Comm. 205.1. Seconded by Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. Currently the amendment here does a
little bit of clean up also, on the previous language. But the main amendment is
the Council Chair Person may appoint employees to any of the steps within the
appropriate pay grade. The Council Chair Person may also authorize and approve
any step movements along the appropriate pay grade, and the main part is the next
part. Excluding the CA -1 and the CLA-1 positions, which are the Council Aide
and the Legislative Aide positions that are not under the supervision of the
Council Chair Person. Any Council Member may without the concurrence of the
Council Chair Person, authorize and approve any step movements along the
appropriate pay grade for the CA -1 and CLA-1 positions assigned to the Council
Member, provided funds are available for any step increases. I felt that was very
important, because we have to be financially prudent to what's going on, and
there's no point having someone go up a step when there's no money available.
So that's the amendment, and I definitely would like to hear what the Council
Members have to say.
CHR KANUHA: Thank you, Mr. Eagan. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I understand what you're saying, which is
good having the Council Member to have the authority to give their pay raises for
their staff, right, without the Council Chair's approval. But the problem for me is
that, like you saying prudent to being fiscally responsible. By having just the
Council Member doing, making the decision, there's no really check and balance.
Because then we're having the Chair to make the final decision, he'll determine
about if it's reasonable or not reasonable, forget the pay raise.
I just was thinking like Units 3 and 4 just got a new contract. Okay, so the
question would be to this body, are we going to follow their step movements to
keep our staff in line with the civil service guys? If the question is no then, or yes
then, I would say why don't we just give them a flat raise, and no need make step
movements anymore. Because basically the Council Member who comes in
going automatically give their staff the highest pay raise. They're going to
believe in their eyes "my staff deserves it." So why do we deal with step
movements, and just make a whole lump sum. But then every year we have to go,
and I guess go back to this raises, because our Civil Service people are going to
be getting raises too. So it's going to come to a point, if we don't keep on moving
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forward with the same level as Civil Service, they're going to be lower, then the
Civil Service worker out there.
So that's the kind of questions we got ask each other, and we have to determine
what format do we want to go? But to me was the best when last term we decided
as new staff comes in, their first year they stay at entry level. As the years go on,
then you can promote them higher and higher. To me that would be the fairest
way. But it's my opinion, I mean that's what we had talked about last term, and
that's how we kind of agreed upon. But if members want to take the bull by the
horn, then to me, just make it one lump sum. Like as Mr. Paleka had mentioned
before, like UPW (United Public Workers) right. What you call that equal pay
equal work. Right, so let's do it that way. Then don't need to do anymore step
movements, because step movements is all to me BS, right. We just make it at
top level. Okay, thank you.
CHR KANUHA Thank you, Mr. Onishi. Mr. Chung was next.
MR. CHUNG: Thank you, Mr. Chairman. This—never going to be a perfect
solution to all of this. On the one hand, if you make everyone get the same pay
then there's going to be resentment on the part of the staff people. Particularly
those who have been here for a long time who are called upon to assist the newer
ones. But at the same time these are at -will employees. They're really not under
the Civil Service, so I don't know if they should be afforded this kind of
graduated increase over the years. Because they're not, I mean they know what to
expect when they get in here.
So I mean, I don't know what to say. But I wanted to make one comment about
Mr. Eagan's amendment. Which I could support, but it's just from a technical
standpoint, I think we cannot take the power away from the Chairman. Because
the Chair Person, no matter what, is the administrative head of the body. So if
maybe Mr. IlaganI know what you're trying to achieve. You want the Council
Member to make the decision. So it could be where the Chairman would
authorize the step movement as determined by the Council Member. It's just
another way of saying it, but we still have to keep the authority in the hands of the
administrative head of the Council. That's the only thing, I mean same result
actually. I just wanted to make that comment.
CHR KANUHA Thank you. Ms. Wille.
MS. WILLE: Yeah, I agree with Council Member Onishi. If we have this
provision, provided funds are available, then it's sort of, "Well, I better get in
there the minute after the term starts so I get the funds for my team," and do we
have the funds then available? The last time we discussed this, I was sort of
saying how it really should come up at that one point of time in the year. So
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May 6, 2015
thatI actually trust the Chair to review it. But I think you have to review it for
all together, because otherwise you're doing it one at a time.
I also agree with the point well maybe we ought to just eliminate the steps, and
put down this one rate if we're going to do this, and not put some kind of sham
that it's not really functional. So I guess as it is right now, I don't agree, I think
that as long as you say provided funds are available, who's making that decision?
If you saying that's the Chair, then we're already putting the Chair back in here. I
don't expect each of you to be looking out for, well maybe I need the share some,
I think Margaret's staff's doing pretty well, I better keep some there. Somebody
has to do that organizing.
I know that when our former Council Chair was there, he was pretty open on
terms of what the different members would say for their staff But maybe we
ought to just have it, the one, whatever that highest number is, let it be done. I
also think that the point about being at -will. It's not each time we come in and we
select that person, and there could be someone there for four years who may not
have the same skills and experiences, and abilities as somebody who is being
brought in and hasn't had that. We all choose sort of what—everybody has
different skills, whether it's forms or events, or doing different things. So
basically, I have to say that at the moment I'm not supporting this, but I do
appreciate what you're trying to get at. I think these positions are funded too low,
and that's why we've all focused on them, or at least in my district it's very low to
survive. I know I couldn't survive on that, I can't survive on what we get paid.
Anyway, I appreciate what you're doing, intent, but I think there's the problems
that Council Member Onishi raised I agree with.
CHR KANUHA: Thank you, Ms. Wille. Ms. Eoff
MS. EOFF: Yes, Mr. Chair, and I remember you had stated pretty clearly, maybe
it was either last meeting, or the meeting before, that you feel uncomfortable
being part of the equation. However, I agree with Mr. Chung that as the Chair,
you need to have some oversight over this situation. The other thing that it's
very difficult to make it so that everybody feels that it is fair. I think if you are in
the equation as it states, that you need to have a method so you're not just
arbitrarily either approving or disapproving someone who's requesting that you
raise their staff So it seems like the Council Members also have to be
responsible, if we do have steps that there some sort of a time frame, or a method
to when your staff can be eligible for a raise. My understanding of all the years
that I worked in the Legislative Branch, which I think was eight before I became a
Council Member, we were only eligible to be considered for a step, maybe once a
year, I believe, it was.
So the new staff did come in low at the lower, and the staff that had been here for
many years were already higher. Although you may feel your staff is worth the
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May 6, 2015
highest, I don't know. Unless we do choose just one salary, and if you're at will,
you either take it or leave it, and that's your salary forever. But I think that the
steps are okay if they're realistic. Maybe they aren't at this point. But the other
thing is, we were asked to pass this, because the Human Resources said that they
need to have this in place. I'm wondering whether this whole discussion should
take place at a different time.
Although Mr. Eagan's right, we need to take out that part about that's obsolete
now, regarding that this can't happen before this last fiscal year term, or whatever
that part of it is. So I agree we need to clean that up. But I'm not sure whether
if we start having this discussion how far we're going to go without either having
to hold it over, or continue discussion, or if that would hold up any timeframe for
not only Human Resources, but the Finance and the budget. So I guess I'll listen
to everybody else, but it is problematic. We had a very lengthy discussion last
term, and it's just never, like Mr. Chung said, going be perfect. But I hope that
we can do it, so that we maintain harmony amongst the staff, too, and fairness.
CHR KANUHA: Thank you. Ms. David.
MS. DAVID: Yes, very briefly. I do agree with the Council Members who spoke
earlier; Ms. Wille, Mr. Chung, and Mr. Onishi, and also Ms. Eoff. Finding a fair
solution to this when you're talking salaries is always difficult. Because Council
Members, and I appreciate what you're saying, Mr. Eagan, that you do want to
give your staff the best possible pay they can have. But I also believe that the
Chair does have, as the most senior officer over this Council, he does have that
authority to make these hard decisions and have discussions regarding salary
raises. Which I really feel that discussions on salaries and appropriateness is
pretty much board line confidential. If that kind of discussions could be had with
the Chair, I think that's his duty to oversee decisions like this. This is a tough
one, but I really have to agree with my fellow Council Members on fairness to
those who have actually put in a lot of years, and have the knowledge and the
experience. So at this time, I really have to agree with my fellow Council
Members. Thank you.
CHR KANUHA: Thank you. I'm still going to go on round one for those
Council Members who never spoke yet. So, Mr. Paleka.
MR. PALEKA: Is it my turn. Alright. Okay, so we look at the pay scale, and
this I look from a union stand point having been and worked and being familiar
with these rates. When you look at a pay rate scale, it's negotiated. So in
essence, we as the representatives of our staff, basically try to negotiate for our
members, or our staff It's not the way it's supposed to be. They all work for us.
They're at -will workers.
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May 6, 2015
We're going to start negotiating for our staff Are you really serious? For me
equal work for equal pay. Because if you're going to make a comparison, in
terms of an HGEA employee, one professional employee, clerical staff employee.
The union representatives negotiate, or the members themselves negotiate with
the employers for their wages. Our staff don't have an opportunity at this point to
negotiate or represent themselves. We, as Council Members, are negotiating for
them. That's not right.
When you look at negotiating for your pay to me that's not right. Where's their
voice? The only voice they have is through us. That's why I support equal work,
equal pay. For me, I would support getting rid of the bottom, making one entry
level, and one full performance level. To me that's the fairest way. Dru is
already communicating he's uncomfortable with making that determination.
Especially with one wide scale like this, so we should get rid of the bottom parts
that we don't even use anyway. Make it reasonable for a CA -1 have D and E for
the CLA-1, C and D. Make it simple. Entry level, full performance. That's what
I offer as one resolution to this problem. Hopefully you'll agree. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Yeah, I just wanted to clarify what I
said earlier. I think maybe some of you might have misunderstood. I didn't say
that we should keep it under the current set up. All I said is perhaps Mr. Eagan's
draft should be reworded, because the Chairman still has to be the one to sign off.
The way Mr. Ilagan has it worded, is without the concurrence of the Chair Person,
basically taking him out of the equation.
But the Chairman still has to be there, but it can still be the Council Member who
determines the amount or the step, what do you call it? The step movement. But
just technically, I believe we have to keep the Chairman in the loop, right? Even
if it means that the Chairman doesn't make the decision, it's more pro forma than
anything else. So I just wanted to make sure everybody is clear on what my
position is on that, as it relates to this draft.
I don't know what to say, I mean Mr. Paleka brings up a good point. In rebuttal
to that though I would say, when you say equal work, equal pay that's true, but I
think it's more appropriate to say equal job, equal pay. Because if you say not
everybody is doing equal work up there, I got to say it's different. Work and job
two different things. But I got no problem with making it equal across the board.
There's going to be some resentment.
What I'm worried about is it might hamper the team work, or the inclination of
one or more of the staff people to try to help others. Because who knows what
happens when you have resentment? I really don't know what to do. I just as
well say, I think Mr. Onishi maybe I'm misunderstanding what you said, but
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May 6, 2015
maybe just do away with all of these step movements, and just go all the way to
the top. These guys are at -will employees, so they could actually be fired at any
time. So give them the higher pay. Yeah, that's what I feel. Thank you.
CHR KANUHA: Thank you, Mr. Chung. Mr. Onishi, I think was next.
MR. ONISHL Okay, well you have any comments Mr. Eagan? I'll let you go
first, because all I wanted to kind of add to what Mr. Chung had mentioned about
like the Chair. Because basically he's the one working with staff on the budget.
We do not work really on the budget, unless we're going to do amendments to the
budget. So pay raise -wise they have it set already salary and wages. So if we're
going to have it where everyone's is going to be at this certain level, then we have
to make sure there's enough money in there. So that's when we have to make
sure that we have any discussion when we do the budget that everybody has an
input. To me, when we had the step movements, we had like a transparency
because you could see where you're a new comer you come in, you make this
much. The Council Member gets reelected boom you get pushed up again, and so
forth. So you can see that gradual movement as Council Member gets re-elected.
So you kind of have the transparency on that part. We—can like Mr. Paleka
mentioned about the voices of the staff, we are the voices we the negotiators for
our staff So the bottom line is, if you feel that the workers or your staff should be
getting at a certain pay raise, then let's just make it one level, and do away with
all the rest. I mean not even entry level. Because no sense to have an entry level.
You just put them straight to the top, but then now when come time two years
from now, you guys got to think of your future. When come two years now, and
you get re-elected. What you going do? You're going to increase your budget to
help them get this next pay raise? You guys are going to be watched, okay.
So with one step movement, at least we're following what government employees
are having, so we can say we have that equal pay with the government workers.
But it's up to you guys what you guys want to do, okay. Because you guys are
going to have to answer to the people later on. If you guys going go this one
lump sum and from there, you guys going move up, like one year from now, boost
them up again or so forth. It's up to you guys, because I'm going to be going.
I'm in my last term, so I don't really have too much more to say. But I just, like I
said—because we've been dealing with this for how many years? Last year we
finally had gotten an agreement this is what we should do? But if you guys want
to change that, then fine too. Thank you.
CHR KANUHA: Thank you. Ms. Eoff.
MS. EOFF: Mr. Chair, are there guidelines for when staff person is eligible to go
up a step? Do we follow any
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Hawaii County Council – 11
CHR KANUHA: No.
May 6, 2015
MS. EOFF: It seems to me that's what we need. Between our HR (Human
Resources) people and ourselves, we need to establish some guide lines. Unless
we are going to just have one pay, same pay for everybody whether they been
here 10 years or one month.
CHR KANUHA: Let me clarify that sorry. There's no written guidelines within
our salary ordinance that I can follow.
MS. EOFF: Is that where it should be, or is there internal protocol for at -will
employees for our department? Because it just seems like there was some kind of
methodology in the past, it was sort of a collaboration between the Council Chair
and the Council Member that when the staff became eligible for a step, if the
Council Member felt that their staff was worthy of it, they would come to the
Council Chair or vice versa. Somebody would alert the Council Member that
their staff is eligible for a pay raise, do they feel they're entitled or have worked
for it and deserve it. Then if everybody was on the same page, that staff member
would get the next step. Get to move to the next step.
But I think if there's no written guidelines, and none of us really understand
how—if it's fair or when it's fair to give someone a raise, I think that would be
the first thing to consider, is having a set definition of, if we keep these steps of
when a person is eligible to go up a step. That would help the Chair. Because
like Mr. Chung said, basically you're just signing in collaboration with the
Council Member, when our personnel gets to go up and change pay scale.
CHR KANUHA: Thank you, Ms. Eoff. Just a clarification again. The
beginning of the year, we did have this discussion among staff, the Clerk. We
based what we had on the ordinance, the past ordinance, and what was discussed
the past term, off of years of service. That's how we got to where we are now.
Even though it wasn't written down, we had to base it off of something.
MS. EOFF: Then when is someone eligible for a step up?
CHR KANUHA: After the term was finished.
MS. EOFF: One term or one year?
CHR KANUHA: One term.
MS. EOFF: Every term?
CHR KANUHA: Yeah, and that's based off of the discussion that we had the
previous Council, and the amendments we made to the original salary ordinance,
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than we have now. So that's how I had to base it off of, and I think that was at the
time, the most fair that we could possibly do.
MS. EOFF: So in that case, you're not arbitrarily approving or disapproving a
Council Member's request. You're following a certain guideline?
CHR KANUHA: That's the guideline that we established in the beginning of the
term, yes. It's not written anywhere. The Council sets what they want for the
salary ordinance. So I'm glad we're having this discussion, because the Council
will set exactly what they want.
MS. EOFF: One more question, and how do you—can you remind us what HR,
because I remember she was pretty passionate when she spoke to us from Kona
that she wanted us to pass this Salary Ordinance, and these other changes, if we
hold it up, what kind of ramification does that have?
CHR KANUHA: Well we have to pass the Salary Ordinance, so that everybody
can get paid.
MS. EOFF: But can we—what Mr. Eagan is trying to do, and what our
discussion is about. Can we at a later date make changes to our procedure for
identifying somebody's salary?
CHR KANUHA: Yep.
MS. EOFF: So we don't have to make this amendment now?
CHR KANUHA: No, this is an ordinance. It's alive. It will be live throughout
the whole year. I'm pretty sure Mr. Clerk, we could pass, we could bring this
back up at any point?
MR. MAEDA: I'm not sure if it could come back at any point, but we should
clarify with HR as to when. It needs to be passed, before the new fiscal year,
because this is the salary for the new fiscal year, and changes, I'm not sure when
those changes could occur.
CHR KANUHA: Okay. Thank you, Ms. Eoff. I don't know if we've answered
that question completely.
MS. EOFF: Well yeah, I understand what the Clerk is saying, and I guess it
depends whether we want to change the Salary Ordinance by eliminating steps, or
whether we just want to figure out a more fair way to give our staff what we feel
they deserve. Which wouldn't necessarily mean amending in this ordinance. It
would mean amending our internal process for giving steps, right? We have all
the steps already identified here within this ordinance.
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May 6, 2015
MR. MAEDA: Excuse me, just to clarify, we do have to pass this by July 1 st of
the new fiscal year. But it can be amended by resolution, and actually that's what
occurred last term. To get us to where we are today, in regards to the pay scale.
MS. EOFF: So you're saying we can pass this without amendments and then we
can come back with a resolution?
MR. MAEDA: That is correct.
CHR KANUHA: Thank you, Ms. Eoff Ms. Willie.
MS. WILLE: Yeah, I remember the last time we discussed this. Ms. Poindexter
brought up issues about eliminating steps just for purposes of HR, and that the
way their system functions. I would be open to doing something where there is
one grade and that's it. But I'm not comfortable doing that at this point, and I
think right now, where a lot of these things aren't written, we're really able to
deal with it informally. I think that at the same time, that informal is each term at
right now. But I understand what you're saying, Chair, is that you looked at it the
beginning of the term, and that sort of the order even though there's not
something written.
Anyway, I'd like to move that—anyway I'd like to just pass this as it is, and work
on this more. I think that there are—no matter what, the Chair is involved, and
even if we just say subject to funds being available. Unless Dru you want to say,
that you made sure the budget includes enough for every member to have that
highest step who's in those positions. Then we would be acting a little
inappropriately as far as I'm concerned. So anyway, I think we ought to go ahead
and I'm going to, I guess, I wanted us to move for passing this as it is, and work
on this, and maybe get focused on guidelines. What our guidelines should be, or
guidelines for the Chair, and not doing it, a little bit Bandaid approach where
there's implicit power, and lack of power, and lack of clarity.
CHR KANUHA: Mr. Chung. Oh, your microphone.
MR. CHUNG: Whats the present motion?
CHR KANUHA: The amendment.
MR. CHUNG: The amendment, okay.
CHR KANUHA: Thank you for that.
MS. WILLE: So can we? What is the—some of these steps, are nobody's getting
paid right now, right? Some of these lines, A through H.
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MR. MAEDA: Just for clarification, when this passed last time, there were
employees at the lower rates. So it had to be passed with those lower rates.
Because we did have staff at those rates. So we couldn't eliminate them at that
time.
MS. WILLE: Okay, anyway I urge further consideration of what Mr. Eagan is
proposing, but—that we focus on actually putting in some—maybe writing
guidelines in the Salary Ordinance, rather than getting into just changing this one
provision.
CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan.
MR. ILAGAN: Thank you Mr. Chair. Well I heard everybody, and first thing I
would like to address is Council Member Onishi's question. Currently right now
Mr. Clerk, do we have funding in the existing budget that could support every
Council Member's staff, regarding CLA, CA -1, and CLA-1, if they were put to
the highest step movement?
MR. MAEDA: For the upcoming fiscal year we are funded at the highest level,
so we would be able to have the staff at those higher levels. That's the budget
that has been submitted.
MR. ILAGAN: Thank you, Mr. Clerk. So address your questions and concerns
Mr. Onishi, we are capable of doing that. Moving on to the next one.
Point of Information: MR. ONISHL Point of Information.
MR. ILAGAN: Hold on.
MR. ONISHI: No.
CHR KANUHA: Point of information, Mr. Onishi.
MR. ONISHL I'm just looking at the long-term what I mentioned. Thank you.
CHR KANUHA: Thank you. Mr. Eagan.
MR. ILAGAN: Well currently long-term, we can do it sustainably without
amending any of the budget. Now moving to the other question regarding the
timeframe and the urgency of postponing, or even passing this bill. We have till
July 1st. We have till the budget is passed. That means we currently don't even
have $435 million passed. We should exercise efficiency and effectiveness. Why
pass this, when there is something obviously wrong? Why continue on a system
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that currently we can't all agree on? Let's take the consideration and time to
work on it, so it's a friendly amendment.
One of the things that I would consider on this amendment, is that I agree that the
Chair should have the authorization and approval of the decision. It is him as the
administrative head. And the reason why I even brought this up, was because we
heard publicly from the Chair his concerns regarding the existing salary pay. That
was, he didn't have the standards that he could review with all of our staff So the
friendly amendment would be, any Council Member may select any step
movement along the appropriate pay grade, and the Council Chair shall approve
the selected pay movement. That would be the amendment I would make, to
make sure that the Chair does approve and authorize this elected pay step that the
Council Member deems appropriate for his or her staff
Now besides the amendment, this is talking about the whole philosophy of step
movements or a onetime salary. All I got to say is if we do a step movement, I
agree with my fellow Council Member Danny Paleka that we should have just
three. Entry level, mid, and top. That will be easier for the Council Chair to
decide, given the fact that he has guidelines to go by. Or we do a one time, and
we set it to the appropriate level that we as Council Members feel that would help
out all our staff I just wanted to mention that, this is where I stand, and I feel that
we should take into consideration the time, and figure out how to move forward
with this.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussions, Council
Members, on the amendment? Mr. Paleka.
MR. PALEKA: In keeping up pay rate comparable to HGEA salary scale.
There's considerations that they keep, and it goes in the long—in many years of
negotiations for contracts. These levels of rates are in consideration of basic or
minimum requirements. So in saying that these salary rates are at a certain level,
are we also going to consider basing it on minimum requirements for
employment? No, I don't think we're at that. They're at -will. They're our
employees. So I think to echo in effect what the councilperson deems their
employee valuable to them, and I agree in certain respect that certain Council
Members going to have different requirements on their employees, or their staff.
But it's just like, if you look at schools. If you work in one school and you work
at another school, they get paid comparably, but there's more students in one class
than another class. So you can make the argument that one works more than the
other. But that's not what we're discussing. The principle is you want to offer
our staff a fair wage, and to do that, I would agree. I think we should compress it,
keep it more manageable, is easier for our Chair to make a decision, and I'll leave
it at that. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi.
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MR. ONISHL Thank you. I just have one more comment to make. It's just that
to me, just make it one level. Simple. I mean we can strike out on the bottom
part where it says "any step movements along the appropriate pay grade." So just
eliminate that part, it says that "the Council Member can approve the pay grade
for the CA -1 and the CLA-1 position assigned to the Council Member," with
whatever the funding is, and that's it. We don't have to go through all the
semantics. It's the easiest.
Then it's up, like I said to the future Council's when you folks want to give a pay
raise to your staff, to come in front of the public, and say okay, we're going to
raise the salaries for the staff, and that's it. But then, no sense put that entry,
mid-level, and stuff I mean you've got to get the Chair to have to make the
decision again, "Is it appropriate for me to give the raise?" Why even deal with
that, right. But the main thing is you guys, the Chair going have to make sure that
there's money in the budget, or the proposed budgets to cover whatever pay raises
that going come up in the future. Because I think right now, we just had today
right? We transferred money out of someplace to put in salaries and wages, right?
So right now if this passes, nobody can get really a pay raise until the next fiscal
year. So this cannot take effect until July 1, 2015. So that's something to note
too. Thanks.
CHR KANUHA: Thank you, Mr. Onishi. Mr. Eagan.
MR. ILAGAN: I'm just going to quickly make a comment and move on. I would
like tothere's two philosophies, and I need to hear everybody's before making
that amendment in the future. I've heard, I'm willing to go with that one-time,
just one step, and have that one set for CA -1 and CLA-1. I just want to keep in
mind for everyone is that, this is everybody's salary wages. I also want to
publicly say, I don't want to ever jeopardize the other hardworking employees
that we have. I'm focused on these two positions that I wanted to improve and
make better. So I want to make a postponement till the next Council Meeting.
I'll have the amendments of just one, which is the top salary wage for CA -1 and
CLA-1. I move to postpone
CHR KANUHA: Mr. Eagan, I think it might be more appropriate to withdraw
this amendment. Then postpone the main bill.
MR. ILAGAN: Okay, I withdraw this amendment.
CHR KANUHA: If that's the wish of the Council. We can hear from the rest of
the Council for that.
Withdraw Motion Mr. Ilagan withdrew his motion to amend Bill 35
to Amend: with the contents of Comm. 205.1.
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CHR KANUHA: Thank you. Now on the main motion.
Motion to Postpone: Mr. Eagan moved to postpone Bill 35 to May 19, 2015.
Seconded by Mr. Onishi.
CHR KANUHA: Any discussion on the postponement? Mr. Paleka.
MR. PALEKA: I have a discussion, because I probably won't be here on that
day.
CHR KANUHA: I think a few members might not be here that day. Okay.
MR. ILAGAN: Okay, when's the next one? May I make a motion?
CHR KANUHA: Before you make the motion, Mr. Chung, I think had a
MR. CHUNG: No, no go ahead.
CHR KANUHA: Okay, Mr. Eagan.
Motion to Postpone: Mr. Eagan moved to postpone Bill 35 to June 3, 2015.
Seconded by Mr. Onishi.
CHR KANUHA: Any discussion on the postponement? Mr. Eagan.
MR. ILAGAN: I just want to let the Council Members know on that day, I plan
to have an amendment that will just clear up the 2014-2016 prior stuff just for
housekeeping, separate amendment. Then the other amendment is just to have
just one, which is going to be the highest salary for CA -1 and CLA-1. I just
wanted to be clear.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Yeah, and just to make sure that you just put pay grade instead of
steps.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion on the motion?
Okay, hearing or seeing none, all in favor say "aye."
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Hawaii County Council — 11
Vote on Motion to The motion to postpone Bill 35 to June 3, 2015 was carried
Postpone: by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Wille, and Chair Kanuha — 8.
Noes: None.
Absent: Council Member Poindexter —1.
Excused: None.
CHR KANUHA: Motion passes. Okay, Mr. Chung.
May 6, 2015
MR. CHUNG: Yeah, Mr. Chairman, I've been advised by Mr. Yoshimoto that
the words intentionally, and knowingly are encompassed within the aggressive
behavior definition. So it is in there, I'm wondering if we can reconsider our
was it a postponement?
CHR KANUHA: No, we voted on it, because it was still first reading.
MR. CHUNG: Oh, so we don't have to do anything then? It's A -okay right, we
can just move ahead. Okay, thank you.
CHR KANUHA: Thank you, Mr. Chung, for that. Okay, Council Members
what's on the agenda next? Okay, Mr. Clerk, Referrals for Executive Session.
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 291: REQUEST TO AUTHORIZE THE USE OF SPECIAL COUNSEL TO ADVISE
THE HAWAII COUNTY BOARD OF ETHICS IN MATTERS RELATING TO
PETITIONS 2015-03 AND 2014-08
From Corporation Counsel Molly A. Stebbins, dated April 22, 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 petitions, due to a
potential conflict of interest within the County's Office of the Corporation
Counsel.
CHR KANUHA: Thank you, Mr. Clerk. Ms. Eoff may I have a motion please.
Motion to Enter Ms. Eoff moved to enter into Executive Session in order to
into Executive hold attorney-client privilege discussion regarding Comm. 291,
Session: authorized by Section 92-5(a)(4) of the Hawaii Revised
Statutes. Seconded by Ms. David.
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CHR KANUHA: Discussion? Ms. Wille.
MS. WILLE: Yes, I'm opposed to executive session. We all talk about
transparency and open government, and this should be an open discussion. I
don't see if something comes up in the discussion that's so sensitive then we can
always make that motion. But I don't think we should just be jumping into
executive session without—
CHR KANUHA: I think it would be appropriate to ask Ms. Stebbins.
MS. WILLE: Yeah, so.
(Note: At this time, Corporation Counsel Molly Stebbins came forward
to address the members of the Council.)
MS. STEBBINS: Good afternoon Chair, Council Members. Molly Stebbins
Corporation Counsel. Yeah, I don't disagree with that. I mean, I think it would
be possible to have some discussion, and if it appears necessary to go into a
closed session, we could move into it at that time.
MS. WILLE: Yeah, just for the whole—this is all part of the problem and why
we're here is not having more transparency. So I think the extent that we can be
open to the public, we promote public trust, and that's what it's all about. Thank
you.
CHR KANUHA: Thank you, Ms. Wille. So the motion on the floor again is to
go into executive session.
MS. EOFF: Would you like me to withdraw it at this time?
CHR KANUHA: If you feel that you want to Ms. Eof£ We can file the
communication right now, and open it up for discussion currently, and if Corp.
Counsel, as Ms. Stebbins stated, needs to go into executive session for certain
things, then we can do that.
MS. EOFF: Okay, then I'll withdraw the previous motion, and move to file
communication
CHR KANUHA: Is that the appropriate motion Mr. Clerk?
MR. MAEDA: Yes, Chair.
Withdraw Motion: At this time, Ms. Eoff withdrew the motion to enter into
Executive Session.
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Hawaii County Council — 11 May 6, 2015
Motion to File: Ms. Eoff moved to close file on Comm. 291. Seconded by
Ms. David.
CHR KANUHA: Discussion? Hearing or seeing no discussion. Oh, maybe Ms.
Stebbins.
Withdraw Motion to
Close File:
Motion to Authorize
Acquiring Special
Counsel:
MS. STEBBINS: No, maybe justI mean to restate what's essentially set forth
in the letter. What we're asking is for the Council to authorizeI'm not using the
word "higher," but to use assistance of one or more deputies from the Maui
Department of the Corporation Counsel. To advise our County Board of Ethics
into upcoming petitions in order to avoid any potential conflict of interest with
our office serving in that role of revising the Board of Ethics. The Maui
Department of the Corporation Counsel would provide a deputy, we wouldn't pay
them any fees, but we'd of course cover the associated travel cost.
CHR KANUHA: Thank you, Ms. Stebbins. I think we'll just make a better
motion. I think the motion to close file isn't really a good motion at the time. I
think we need to make a motion basically authorizing the use of Special Counsel,
and then we can discuss that.
MS. EOFF: Okay, so moved.
CHR KANUHA: No, you got to withdraw your first motion.
MS. EOFF: Okay, I withdraw the other motion.
Ms. Eoff withdrew the motion to close file Comm. 291.
CHR KANUHA: Okay, may I have a motion to authorize the use of Special
Counsel to advise the Hawaii County Board of Ethics in matters relating to
petitions 2015-03 and 2014-08.
Ms. Eoff moved to authorize the use of Special Counsel to
advise the Hawaii County Board of Ethics in matters
relating to petitions 2015-03 and 2014-08. Seconded by
Ms. David.
CHR KANUHA: Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Molly, I'm in favor of the request.
But I'm just wondering, what's your take on the broader question? Should the
Board of Ethics, our County Board or Ethics be the body handling this matter?
Just as a matter of fairness, first of all I think the procedure is anyone who tries to
apply for a board or commission, applies to the Mayor's Office, the Mayor
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May 6, 2015
selects, nominates and sends it over to the County Council. Does that create an
inherentI mean I know it's been done, of course. The Board of Ethics has
typically taken on cases involving Council Members or the Mayor, but this is such
a highly charged issue. What I'm worried about is, the Board of Ethics might be
in a no-win situation. If they say—if they clear the Mayor, then they're going to
be open to attack, because of all these other things, right? I certainly don't want
them to compensate on the other side to be unfair to our Mayor, because of that in
the back of their mind. So I just want your thoughts on that.
MS. STEBBINS: I appreciate the concerns that you're raising Council Member
Chung, and I think really the question of whether the board can impartially sit and
hear the petition against the Mayor, is a question that the board members
themselves will have to answer. I don't want to speculate, but I would imagine
that at the upcoming hearing on the 13th, that maybe a matter that they look at
themselves.
MR. CHUNG: Okay, that's fine, thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. Wille.
MS. WILLE: I did have the same concern raised by Mr. Chung. I think that for
me, you're looking at the questions before the board. One is what code or what
provisions of the Code of Ethics are implicated? Second, whether he was guilty
of those provisions? And third, what is the appropriate, whether if they find that
he did commit any of those prohibitions. Then what are, should be the
appropriate consequences, and what are the appropriate mitigating factors? So I
think, I have felt questionable about the past decisions by the Ethics Board, one of
which we discussed yesterday, and how they handled it. So I think that certainly,
even if they all feel confident. I think you also have to look at what is the
appearance from the perception of the public.
At the same time, I just want to say, I'm also concerned with the perception that
everything gets pushed off And it's everybody else's jurisdiction, and that we're
just spineless bodies and entities, and not willing to just take it like it is, and see it
like it is. Next thing you know, it will be 18 months from now. So I mean that's,
I'm getting a lot of calls from all different directions. So I think there's some
competing interests. I think ultimately, the decision as you said must be answered
by that body. So that's really just a comment that I feel there's a lot of concern
from the public, legitimate, but it has competing consequences.
My other question is in terms of this Maui person or whoever would be the
Special Counsel, the word you used here would be to "advise". What is that?
What do you see as the capacity? Are they going to be completely independent,
or are they coming over here, and chitchatting with you and J, and this person,
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and that. And just here for the hearing, and you all are doing the leg work, or
what is the scope of their participation?
MS. STEBBINS: They would participate completely independent from our
office. We've taken steps, knowing this type of situation, we take steps to screen
our office from their assistance, and their role advising the Board of Ethics. So
no, there wouldn't be any contact between the assigned deputy from Maui, and
anyone in our office, other than our office—the Board of Ethics is
administratively attached to our office. So the board secretary is one of our staff
persons.
MS. WILLE: And you think that's okay, in terms of having administrative staff?
MS. STEBBINS: Yes, I do.
MS. WILLE: I don't know whether that's necessary or not, but what about if that
person wanted to discuss the matter with the Director of Finance, or wanted to
consult with others in the administration. Would they be able to do so?
MS. STEBBINS: You're referring to the assigned Maui Deputy?
MS. WILLE: Yeah.
MS. STEBBINS: Yeah, I would think so. I mean I don't—maybe if J Yoshimoto
wants to come up here, I'm not sure if that would be typical of the attorney who's
assigned to the board. I think you're talking about if the board were to proceed
with some kind of investigation, and being able have access to members of the
administration? I think they certainly would be. I don't know if that's the normal
role that the attorney who is assigned to the board would play. But again a lot of
this perhaps really unprecedented so.
MS. WILLE: Do you have a comment on that J?
MR. YOSHIMOTO: Yes, Council Member Wille. So your question is whether
the assigned deputy from Maui would be able to talk to basically anyone they
want to, right? In our government or
MS. WILLE: Yeah.
MR. YOSHIMOTO: Yeah, the answer would be yes.
MS. WILLE: Without going through you all?
MR. YOSHIMOTO: Of course, yes. They're independent yes.
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May 6, 2015
MS. WILLE: Okay, and if members of the board wanted to have further
information, then they would communicate it with that attorney who would then
work on that? Okay so, and how—yeah, I'm going to just yield for other
comments if anyone.
CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi.
MR. ONISHL I just wanted to kind of make it clear. But this deputy from Maui
is not going to be doing the investigation, right? It's just giving opinions on legal
matters?
MS. STEBBINS: That's correct.
MR. ONISHL That the board has right.
MS. STEBBINS: Right, I mean with all boards and commissions just like with
this Council, we have an attorney from our office who's assigned to essentially
advise on Sunshine Law issues, the scope of the board's authority, what the board
is legally able to do in accordance with their rules. That's the role. It's not to
conduct an investigation or step in as decision maker. Anything like that.
MR. ONISHL Okay, just to make it clear. Thank you.
MS. STEBBINS: Yeah.
CHR KANUHA: Thank you, Mr. Onishi. Mr. Paleka.
MR. PALEKA: Good afternoon Molly and J. I just had a question. So we have
our colleagues from Maui coming over to advise the Board of Ethics in this
petition alone, am I correct?
MS. STEBBINS: Yeah, this is actually
MR. PALEKA: Two petitions.
MS. STEBBINS: Two petitions, and I identified them just by petition number in
this letter, because generally, and this is how the Board of Ethics handles it, the
identities of the parties to a petition, is not automatically made public. Now, of
course it's already in the public domain that there was a petition filed against the
Mayor, and Finance Director Deanna Sako, so it's fine for us to talk about that.
But there's actually a second petition here which is unrelated, and I would not
want to identify those parties right now in open session. But that's why for
consistency, I just identified them both by petition number. But there both
situations where we felt it was best for our office not to be in the role of advising
the board, to avoid even the appearance of a conflict.
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May 6, 2015
MR. PALEKA: Okay, I'm good with that. So we could have one or more
attornies coming over?
MS. STEBBINS: Well, we're thinkingI said one or more because anticipating
that the matter is not concluded on the 13th, and if we move forward, it's reallyI
don't know what Maui's, the availability of the deputies in Maui is, or who
exactly they would assign. But I wanted to leave that flexibility.
MR. PALEKA: Okay, thank you. And this isI need to get into kind of
hypotheticals, but if we get to the point where one of the members of the Board of
Ethics does choose to recuse themselves, then where do we end up?
MS. STEBBINS: At that point I think we have sort of a problem, because I
believe there's only three members right now sitting on the board. And three is a
quorum, so if one recuses himself you don't have a
CHR KANUHA: Ms. Stebbins Iwe might just need to stay on topic for this
one about. Is that part of the topic, or about?
MR. PALEKA: Presentation. Because
CHR KANUHA: Because we're just trying to authorize the use of Special
Counsel for the Ethics.
MR. PALEKA: But they would advise the individuals on the Ethics Board, if
they should recuse themselves or not, correct? They would be part of that
conversation, I mean in advising those members, correct?
CHR KANUHA: Okay, yeah definitely.
MR. PALEKA: Okay, so that's why I'm asking
CHR KANUHA: Okay.
MR. PALEKA: Right.
MR. YOSHIMOTO: You're correct, Council Member Paleka.
MR. PALEKA: When we get to that point then we have to hire, what happens?
MR. YOSHIMOTO: Right, potentially the members could have questions about
recusal, and that attorney that's assigned from Maui would be able to advise those
members as far as the legalities and obligations involved in the conflict.
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May 6, 2015
MR. PALEKA: Then if they do advise our members, then what happens?
MR. YOSHIMOTO: So then, Molly did you want to handle it? Okay.
MS. STEBBINS: Well I don't know if I have, really have a good answer other
than without a quorum, the board obviously can't meet or make any decisions. So
the board is entitled to five members. Right now there's just three.
MR. PALEKA: That's what I'm trying to get at, thank you very much. Because
that presents a quandary, and I wanted just us to look to that, and consideration
for the future. Thank you very much.
CHR KANUHA: Thank you, Mr. Paleka. Any other members that haven't had a
chance to weigh in yet? Okay, Ms. Wille.
MS. WILLE: Okay, but following up on Council Member Paleka, if they were to
be disqualified or not have a quorum, then it would get kicked up to the state
commission, Ethics Board? And would that Maui attorney then follow the case,
or would we wait for the Mayor to select somebody else to be on the board?
MS. STEBBINS: Your honor, I haven't heard of that.
MR. YOSHIMOTO: Council Member Wille, I'm not aware of any mechanism
that allows the matter to be transferred from our county to the state.
MS. WILLE: Okay.
MR. YOSHIMOTO: What I think would happen is, then we would then wait for
the other vacancies to be filled. I mean that's always the hope, right? That we
want to fill all of our board and commission vacancies. Unless you're aware of
something else. Okay, I'm sorry go ahead.
MS. WILLE: So if they felt there was a conflict of interest, then who would be
making the decision? If the board members said we don't feel that just as the
prosecutor said, "I don't think that I'm in a position to make this decision," if that
board it wasn't in a position to make this decision, then who would make the
decision? Who would the Maui Counsel—okay. Do you have a comment on
that?
MS. STEBBINS: I'm not entirely sure what different options are out there. In a
scenario where you are—Council Member Paleka said, what if one member
recused themselves, and then you don't have a quorum. Then we would really be
in a situation where until additional members were appointed to the board. The
board would not be able to meet. Where really getting into hypotheticals here.
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Hawaii County Council – 11
MS. WILLE: Okay.
May 6, 2015
MS. STEBBINS: But if the board doesn't—and I actually don't want toI feel
like I don't want to say things that would influence what the board might decide.
But, you know.
MS. WILLE: That's okay.
MS. STEBBINS: Okay.
MS. WILLE: I was pretty much thinking
MS. STEBBINS: Your point is well taken though. I mean, I know where you're
going with that.
MS. WILLE: Yeah, I'm just trying to get a little clarity. Now under the, our
Code of Ethics in the Charter and under Section 14-6, if there were to be found
failure to comply, then the penalties would be inclusive of cause for suspension,
removal from office or employment, or such other penalty as Council may
prescribe which is us, okay. So I assume that if it were some, how to come to us
as the Council. The Maui, maybe I'm going too far afield. But that's basically
where there is violation, and then what is the appropriate penalty if they were to
find it was violated. Anyway I'm just trying to look at, its complex and where
that attorney would then be here giving us advice potentially. Anyway I support
the proposal. But just trying to feel it out here, and what it involves. So basically,
we would be waiting for the Mayor to appoint new members. To a point, so they
can make a decision and is the board's, that board's decision appealable.
MS. STEBBINS: No, there's no appeal rights from a Board of Ethics decision
that I'm aware of.
MS. WILLE: Okay, thank you.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Okay, Hearing
or seeing none, on the motion to authorize the use of Special Counsel to advise
the Hawaii County Board of Ethics in matters relating to petitions 2015-03 and
2014-08 all in favor say "aye."
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Hawaii County Council — I 1 May 6, 2015
Vote on Comm. 291:
The motion to authorize the use of Special Counsel to
(Approved)
advise the Hawaii County Board of Ethics in matters
relating to petitions 2015-03 and 2014-08 was carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Palcka, Wille, and Chair Kanuha— 8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
CHR. KANUHA: Motion passes, thank you. Mr. Clerk wait, before we do that,
have we gotten to everything? Okay now you can do that.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
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 1:33 p.m., Ms. David moved to adjourn
MENT: The meeting. Seconded by Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Bagan,
Onishi, Palcka, Wille, and Chair Kanuha— 8.
Noes: None.
Absent Council Member Poindexter— 1.
Excused: None.
CHR. KANUHA: We are adjourned, thank you Council Members.
Council Ap roval: Ma 4 2016
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