Loading...
HomeMy WebLinkAboutMIN COUNCIL 2015/07/24 2014-2016Hawaii County Council 18 I Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 24, 2015 INVOCATION: Pastor Keith Elliot of Kona Church of God, gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order by ORDER: Chair Kanuha, at 9:02 a.m., in the Council Room, West Hawaii Civic Center, Building A, Kona, Hawaii. R(1T T CAT r Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS CERTIFICATES OF MERITS, AND EXPRESSIONS OF CONDOLENCE MR. HENRICKS: Chair Kanuha, you have nine members present. CHR KANUHA: Thank you, very much. Since you're standing Mr. Ilagan, may you lead us in the Pledge of Allegiance. The Chair directed the Council to the next order of business, Pledge of Allegiance. (At this time, Mr. Eagan led the Council in the Pledge of Allegiance.) The Chair directed the Council to proceed to the next order of business, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. (Note: At this time, Chair Kanuha and Ms. David presented Certificates of Merits to members of the Konawaena Wildcats Girls Basketball Team.) Hawaii County Council -18 July 24, 2015 Recess: At 9:13 a.m., the Chair called for a recess. Reconvene: Meeting reconvened at 9:15 a.m. (Note: At this time, Council Member David presented Certificates of Merits to members of O Ka`u Kakou, Inc.) Recess: At 9:24 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:26 a.m. (Note: At this time, Council Member Eoff presented a Certificate of Merit to Evan Matsuyama.) Recess: At 9:37 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:40 a.m. CHR KANUHA: Okay, we are coming out of recess. Mahalo, Ms. Eoff for that awesome presentation, and mahalo, Ms. David as well for those great presentations of accomplishments. So we're going to move on with the agenda, and take Statements from the Public on Agenda Items. 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: The following individuals registered to speak and came forward when called by the Chair: David Fischer: Res. 216-15 (Comm. 366), in support. (Representing the Kona Soil and Water Conservation District) Mary Robblee: Res. 216-15 (Comm. 366), in support. (Representing the Kona Soil and Water Conservation District) Carolyn L. Wong: Res. 216-15 (Comm. 366), in support. (Representing the USDA -Natural Resource Conservation Service) Andrew Stout: Res. 216-15 (Comm. 366), in support. (Representing the USDA -Natural Resource Conservation Service) Page 2 Hawaii County Council -18 Brenda D. Iokepa-Moses: (Representing the Ka`u Soil and Water Conservation District) Gail Griffin.: Reggie Lee: (Representing Kohanaiki Shores) Arian Pierce: July 24, 2015 Res. 216-15 (Comm. 366), in support. Bill 60 (Comm. 330), comment. Res. 208-15 (Comm. 347), in support. Bill 60 (Comm. 330), comment. Leslie Takeyama: Res. 216-15 (Comm. 366), in support. (Representing the Waiakea Soil and Water Conservation District) CHR KANUHA: Mahalo for your testimony. Okay, is there anybody else in the seats wishing to testify either in Hilo, Ka`u, Waimea, North Kohala or here in Kona? Anybody else wishing to testify? Okay, hearing or seeing none, I will close Public Testimony, and start at the top of the agenda. Mr. Clerk, I'm going to start with Communication 348. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 348: NOMINATION OF KELLY ANN VALENZUELA TO THE BOARD OF From Mayor William P. Kenoi, dated June 15, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Motion to Approve: Mr. Onishi moved to confirm the appointment of Ms. Kelly Ann Valenzuela to the Board of Appeals. Seconded by Ms. David. CHR KANUHA: Is Char in theoh, Mr. Command, are you introducing Ms. Valenzuela? (Note: At this time Deputy Planning Director Bobby Command came forward to address the members of the Council.) Page 3 Hawaii County Council -18 July 24, 2015 MR. COMMAND: Yes, I am. Aloha basketball fans, and welcome to Konawaena gymnasium for this bout. Wrong hat, I'm sorry. I am Deputy Planning Director Bobby Command, I'm also part-time Executive Assistant to Mayor Kenoi, but the thing I'm most proud of is being the announcer for the basketball games over the last six years, or at the last six state championships. And so everything else is second to me, but that's the thing I have the most fun doing. Anyway, it is Mayor Kenoi's pleasure to nominate Kelly Ann Valenzuela, to the County of Hawaii Board of Appeals. Ms. Valenzuela is a lifelong resident of Hawaii, she previously served as a member from this board from 2007-2011, and prior to that served on the Family Violence Advisory Board. Ms. Valenzuela is a self-employed Chiropractic Assistant, she's a current Board Member of the Family Support Services, and a former member of Kealakehe Neighborhood Watch. She states that she's republican. If confirmed Ms. Valenzuela will serve a term to end on December 31, 2019. And Ms. Valenzuela sends her regrets, she couldn't make it this morning. CHR KANUHA: Thank you, Mr. Command. Is there any discussion? Before I open up discussion, I did get a chance to talk to Ms. Valenzuela, she said she couldn't be here today, she had a medical issue on Oahu. And she just wanted to say that, she was on the Board of Appeals previously, and she just wants to help serve in any capacity that she can in this community. So this was something that she was on before, and she knows the processes involved in this commission. And basically that's—she apologizes for not being here, but it was a medical issue that she had to go to Honolulu. So that's just basic background about what I know so far, but I'll open it up for discussion. Ms. Wille. MS. WILLE: Yeah, so is there any reason that we can't defer this till next time, when she could be here? CHR KANUHA: I mean if that's the wish of the Council, but MS. WILLE: I just thinkI mean that's been our policy. I just don't like telling some people that they do this, and not others. I don't know her, I'm not familiar with her, and nothing negative, but I just feelI know that I made deferred ones with people in my district to wait till the next time. Now—except when there's an exception, and there is a quorum or there's some issue where there's urgency. So you know, I just feel fine doing this right now, but I just feel that we ought to stay with our policy of having people come before us. CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHL Right, I was just checking, did we waive this from Committee to Council? Page 4 Hawaii County Council -18 July 24, 2015 CHR KANUHA: I think it's been waived. Yeah. MR. ONISHL Oh, yeah. So I would kind of echo what Ms. Wille had mentioned, thank you. CHR KANUHA: Yeah. Ms. Eoff MS. EOFF: Thank you, Mr. Chair. Mr. Command on the bottom of the communication it says, Council action due by July 30. So this, I think is our last opportunity, I'm not sure why that's there. If we MR. COMMAND: Okay, I'm not sure why it's there either. I'm filling in for Char on this particular one so, I can find out for you. MS. EOFF: Okay, Mr. Brilhante. CHR KANUHA: Is this time sensitive? MS. EOFF: I believe that's why we waived it. MR. HENRICKS: Yeah, often times when we waive these confirmations, because there's a 45 -day time frame to appoint, and unless the Council acts, I believe the appointed then becomes automatic and confirmed, without Council action. Therefore I'm not sure, we might have to look for further into whether or not this could be postponed to the 5th of August. That might go outside of that 45 -day window. CHR KANUHA: Okay, Ms. Eoff you have the floor still. MS. EOFF: Okay. So you're saying we—if we don't act on it today, she's automatically confirmed? MR. HENRICKS: I don't know, but my presumption is why it was waived, because of that window. I'm not sure if that August 5th goes outside of that. We need to look into it, if you would like to table this maybe, and then we can have somebody confirm when that window ends, and maybe it'll help you guys make your decision. MS. EOFF: Okay, thank you. MS. WILLE: Can I make a comment? CHR KANUHA: Wait, wait, Ms. Eoff still has the floor. MS. EOFF: I yield. Page 5 Hawaii County Council -18 July 24, 2015 CHR KANUHA: Okay, Ms. Wille. MS. WILLE: Yeah, I just—whoever comes forward, I'd like them to explain that rule and if it's some rule that we can suspend, or exactly I'd like to see what that authority is, because if there is such a rule and we have to do this, then I think that needs to be changed. Because here we're not seeing them at Committee level, we're not seeing the person here, and we're being told that we have to do it. So I just ask whoever we get to come forward to explain fully where that rule comes from, and what discretion we have. And maybe Aaron's going to come up with the answer. MR. HENRICKS : Mr. Chair? CHR KANUHA: Mr. Clerk. MR. HENRICKS: I believe that it's clear on the communication that the last date for action is July 30, so that would put us outside the window. So today is the last opportunity for the Council to act, and the genesis that rule I believe is the County Charter. So it's not a matter that can be suspended or you know, we must recognize that Charter provision. MS. WILLE: Okay. CHR KANUHA: Do we want to—okay, Mr. Eagan before. Mr. Eagan. We could just defer this until the—until a later on part of the agenda, and we can continue on. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Well I believe what Mr. Clerk, has just said is pretty clear. In other words if we postpone this it's going to be automatically confirmed. That's what I'm understanding, and at this time hearing from that opinion, I would have to say I would actually have to vote this down. Just because I don't know who this is. Normally we go through Committees, and right now we're in Council. We bypassed Committee, and by the time we bypass Committee and Council normally the person appears, and we get to know this person. I don't want to take this position, especially conformation just as a figure head or anything that's just ceremonial. And I want to take this seriously, and I know personal matters happened with her, and I want to respect that, but at the same time I also want to respect the responsibility that it's given to me. So according to that opinion, if there are any changes on that opinion, as of right now my vote has to be no. Not based on her merits or anything, but just to get to know who she is. Thank you. CHR KANUHA: Okay, thank you. Any other discussion? Okay, well just, you know, I can vouch for her myself. I've known her a really long time, she's a good person in the community, she works hard, she does a lot of community service. Page 6 Hawaii County Council -18 July 24, 2015 She's a family person, she has several kids living in this community. A lifelong resident, she'll be here for generations, her children will be here for generations. She's not looking to be, you knowI don't know, I can't speak for her, but I just know her qualities as person. And she's really good in the community, so that's just all I can really justify for her, that's all. Ms. Poindexter. MS. POINDEXTER: Yeah, I'm kind of torn on this one, because I'd like to defer to our Council Chair, and his knowledge, or personal knowledge, of this nominee. And I don't know if anybody else from Kona could speak on that behalf to see where I could go with this. Because I think it's an important position, and if I can hear more about her, I could probably, you know, vote for this being how important this position is. But I just need to learn a little bit more about her. So I yield at this time. CHR KANUHA: Thank you. Ms. Wille MS. WILLE: Yeah, I'm going to vote against this. I just totally appreciate what Chair has said, but I think I reallyI don't want this to just be where we don't consider someone that we're not really a significant part. And that they should be here, I think that he could re -introduce this person. And then we have the opportunity to meet with them, and it's absolutely nothing—could be the most wonderful person in the world. I do think it's important. I do think the Board of Appeals for example, has voted to pursue appealing a case that I thought was a horrendous decision. So—and contrary to the vote of this Council. So I don't just think of this as an unimportant board. So I'm voting in favor of our process, and that our constituents expect us to not just be here pro forma approving. And I think the one thing that we have consistently done, is even there here for Committee waiving it forward allowing them to come. But I'm not going to vote for this. I just feel I need to support that we are significant, and not just here to just pro forma give our approval. CHR KANUHA: Thank you. Mr. Command do you have a MR. COMMAND: Yeah, I was just wondering if the best course of action here might be to withdraw it at this time. And have us re -nominate her at a different time. CHR KANUHA: Definitely, if that's the wish of the administration. MR. COMMAND: I'm just concerned that—and I don't know exactly what the rule is, and maybe Mr. Brilhante can help us, but if we do go through with it, and she is not confirmed, then if it's going to interfere with her ability to be re -nominated. Page 7 Hawaii County Council -18 July 24, 2015 CHR KANUHA: And again, you know, she never knew well she probably didn't know about this 45 -day window. I mean she really wanted to be here to give, you know, if there's any questions on the Council Members. So that's, you know, she didn't care whether it was voted today or next time. So that was her wishes too. Yeah, go right ahead. (Note: At this time, Assistant Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: William Brilhante Assistant Corporation Counsel. You know, I'm just looking at the specific language of the charter, and it's pretty clear that it states, that if an appointment is not heard or confirmed by the Council within 45 days, then there's an automatic approval provision here. So you know, with that being said, you know, I'm hearing talk about maybe you know, still going ahead, and there some discussion as to whether or not you're going to reject the nominee, or not approve the nominee. My concern with that is, there's a rule that says if a matter comes up in front Council and it's defeated, then there's a one-year time limit for that matter to come ahead again. There's some question as to whether or not that rule would apply to a request for an appointment, you know, an appointed person. So that being the case maybe the safest course of action, which I recommended to Deputy Planning Director Command, would be to withdraw the nomination at this time, if that is the will of the Council, and then we can make sure we meet all the requirements; timeline requirements as well as your requirement to vet the applicant. And I think that would be a proper course of action. CHR KANUHA: Yeah, I completely agree, but before you do that I want to give the opportunity to Mr. Chung first. MR. CHUNG: I don't have that in front of me. But Bill, you said "heard" or "approve." So we're hearing it today, so I don't see any reason why we can't actually defer it, because we heard it. That kind of tolls, to me it tolls the statute. We actually did something. We heard it today. Doesn't mean we have to approve it. That's just my thought. MR. BRILHANTE: Well the specific language is, "If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed." MR. CHUNG: And when did we receive notice of this? Oh, okay. This would be my thought, because I don't know, I'm concerned that perhaps by withdrawing the nomination you're precluded from bringing it up again. But maybe not, I really don't know. But look, let's be practical about it, when was the last time we rejected a nomination over here, right? I don't think we ever rejected, even Page 8 Hawaii County Council -18 July 24, 2015 during the eight years I was here before, never rejected a nomination. So I would just as well go on the representations made by our Chairman, and perhaps, you know, if we do approve her, she could come maybe at another meeting and just introduce herself and talk to us. Because quite frankly, I mean as I said realistically, what's the chances of her being rejected. Unless someone knows that she did a bad job when she was on Board of Appeals last time, then please bring it up right now. But short of that, I would say as a practical matter, let's just let it go. You know, Mr. Kanuha, who knows her personally, gave her a, you know, sort of a resounding endorsement, and I'm okay with that. As long as she's willing to come later on, and say hello. Yeah, thank you. CHR KANUHA: Thank you, Mr. Chung. Ms. Poindexter. MS. POINDEXTER: Yeah, I have a question. Is there any way we could like table this and try to get a hold of her by phone? And see if she's willing to just phone conference, in case any of the members have a question for her. Then I think it would relieve some of the concerns for Council Member Wille and Council Member— CHR KANUHA: She's at the hospital. MS. POINDEXTER: Oh, she's in the hospital. Okay, that answers that. Okay, thank you. CHR KANUHA: Thank you. Ms. David. MS. DAVID: Yes, given the situation and the representations by Chair, and the recommendations by Corporation Counsel. I think, and Ms. Wille of course, I would prefer that if this action suggested by Corporation Counsel does not prevent Ms. Valenzuela from being nominated or brought forward again, before the Council. I prefer to take back that route, and as much as possible follow that process of appointment, because I don't know her either. So thank you. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. As I said on my statement before, and once you spoke, Chairman, I realize that you are vouching for her. And just as Council Member Chung mentioned, I actually wanted to speak right after you spoke, because I am willing to accept your vouch. And I am willing to approve this nomination, because you stand by her, and I respect and trust your judgement. So I just wanted to let you know, once you decide what you want to do, but you have support right here. And I just wanted to voice that out. CHR KANUHA: Thank you, Mr. Eagan. Ms. Wille. Page 9 Hawaii County Council -18 July 24, 2015 MS. WILLE: Yeah, you know, I respect all of what you say, but I really would appreciate if we could follow the process. And it just allows us to interface with the people on the board. Nothing to do—any due respect, and I don't see there's no reason to if there's withdraw, being able to reappoint her. There would be if a question in my mind, if we were to reject her. So we're not rejecting her, we're just making it so she can come before us. In fact, this Council has rejected other people proposed, but I don't really see it terms of that way. I see it as a relationship, and being a opportunity to ask questions and meet the person on the board. And otherwise, you know, we might as well just eliminate the part where it says that we confirm them. I justanyway I would feel more comfortable just staying with the process as we have it. Thank you. CHR KANUHA: Thank you. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I just—well with the Clerk, what I understand is her application or the request to the Council was done June 15? It was submitted to the Council. MR. HENRICKS: I'm sorry. I don't have the communication in front of me. MR. ONISHL Okay, because what I understand is that, it was submitted to the Council or to the Clerk's office on June 15, so what was the delay? And so it's not like basically, her fault, but the thing is we do have a process. So if it was maybe the mistake of the Clerk's Office, I mean it's hard to penalize her, but we have a process. And if we do take the word from a Council Member from that district, then we've got to be consistent when other Council Members in the districts and say they have an appointment and that person couldn't make it. We're going to have to except that from the Council Member, saying that this person deserves to be on the Board or on the Commission, and you guys—we going have to approve it. So once we start doing this, we going to have to start doing it from now on, so that's the thing we got to decide on. Thank you. CHR KANUHA: Thank you, Mr. Onishi. And just quickly you know, it came in June 15, it was waived and I signed it June 22. By the time—you know the certain dates yeah, you know, we have the timeline for the Council, and you got to get in on time, you know, for breaches and stuff, so that's just the process we go through, and the 45 day is kind of—it added up being that if we don't do it now it's going to wait another two weeks, which means it's going to be that 45 -day window. So that's kind of—it's nobody's fault really. It's just the processes that we go through to get this done. But Mr. Paleka, you had MR. PALEKA: I just had a brief question, and Corporation Counsel answered my question. Thank you, Bill. And if we were dissatisfied with the performance with the individual, what was our removal options? And it was conveyed to me that the Mayor has to initiate that. So we also have to take that into consideration, Page 10 Hawaii County Council -18 July 24, 2015 if we're unhappy and we're going to go ahead and approve this nomination. So I would be more leaning to accepting your recommendation, and appointing Ms. Kelly Valenzuela. Or we could table the matter, and think about it a little bit more. It's up to you guys, thanks. CHR KANUHA: Thank you. Mr. Chung, and then Ms. Eoff MR. CHUNG: Thank you, for letting me speak again Mr. Chairman. You know, I thought this was going to be a really quick meeting. And it's so ironic, because this first item is taking up a lot of time for a person's non-appearance. But I certainly understand Ms. Wille's position, because she actually had a specific instance that she could point to on the Board of Appeals, that caused her some heart burn. And she wants to probably ask some very pertinent, and pointed questions to the nominee. So I absolutely understand her position, and I also understand Council Member Onishi's position, in terms of consistency, and the precedential effect that this may have on other matters. But again I get back to the practical aspects. Whenever the nominee's come up, all we say is thank you very much for stepping forward and you know, all these good things. We just say all these good things. Except for you, you make the pointed questions, and sometimes me, but really I would say just move it through. I mean will somebody please call for the question, and I think there's enough votes. Thank you. CHR KANUHA: Ms. Eoff MS. EOFF: Just so to be clear. This could be withdrawn, the administration could request to withdraw it, and then re -submit it to us with a new date, and that would give us another window of time to bring her forward. Is that correct Mr. Brilhante? MR. COMMAND: I think well defer to Corporation Counsel on that question, because we did discuss that a little bit. MR. BRILHANTE: Again William Brilhante, good morning. Somebody told me that this was going to be such a easy meeting, be in and out, be back in Hilo before you know it. I'm being facetious. Anyway to get to your question, Council Member Eoff The recommended approval was submitted directly from the Mayor, and therefore I would have to opine that if there's going to be a withdraw of that approval or that request, it would have to come from the Mayor or the Mayor's Office specifically. I'm not sure whether, you know, Deputy Planning Director Command or myself or anybody here would have that authority outside of, you know, directly from the Mayor or the Mayor's Office. MR. PALEKA: Mr. Chair, I move we take a vote. CHR KANUHA: Was that a call for the question? Page 11 Hawaii County Council -18 July 24, 2015 MR. PALEKA: Call for the question. Point of MR. ILAGAN: Point of Information Tnformation CHR KANUHA: Okay, there wasn't a seconded. So I'll have your Point of Information. MR. ILAGAN: The point of information is our procedure, when a motion is made for any introduction of any type of communication, resolution, or bill. It's done by the introducer, a Council Member. Regardless if it's initiated or created by administration, it has to be a Council Member, to introduce it to the floor. So I believe it's determined of that Council Member to withdraw it from there on. He can consider, or she can consider, is that right or is that wrong? CHR KANUHA: Yes, but in this case it might different. Mr. Clerk? MR. HENRICKS: Yeah, with all due respect, that's a very good point. However I would agree with Mr. Brilhante, this is a different situation. This is a Charter situation, where it's clear that the Mayor nominates, the Council confirms. So by that route, the Council doesn't have the power to withdraw his nomination, only to confirm it, reject it, or do nothing, and have it confirmed automatically. MS. WILLE: On that point can I? CHR KANUHA: Do you have a point? MS. WILLE: Yeah, on this same point. Mr. Command, introduced himself as Planning Director, and also as part of the Office of the Mayor, representing him, and standing in Char's place. So he is from the Office of the Mayor, and has the capacity as he introduced himself. CHR KANUHA: I think he had the capacity of just introducing the nominee. I don't think he's taken on the capacity of any further action besides that. So there's a motion on the table is there a second to call the question? Vote on Motion to Call for the Question (Approved) Mr. Paleka moved to call for the question. Seconded by Ms. Poindexter and carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha — 8. Noes: Council Member Wille —1. Absent: None. Excused: None. Page 12 Hawaii County Council -18 July 24, 2015 CHR KANUHA: Okay. We're going to vote on the main motion to close file on Communication 348, and approve the nomination of Kelly Ann Valenzuela to the Board of Appeals. Mr. Clerk. MR. CHUNG: Mr. Chairman, if I could just make one CHR KANUHA: There's no discussion on this anymore. MR. CHUNG: I just wanted to ask him, if he could have her come one day. CHR KANUHA: Yeah, may she please come? Vote on Comm. 348: The motion to recommend the confirmation of the (Approved) appointment of Kelly Ann Valenzuela to the Board of Appeals was carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. Noes: Council Member Wille –1. Absent: None. Excused: None. (Note: Ms. Poindexter voted "kanalua" then "aye.") CHR KANUHA: Okay. Now Mr. Chung can ask the question to Mr. Command, about may she please—we will bring a communication forward to have her come before the Council. MR. COMMAND: Certainly. CHR KANUHA: For questions and answers, regarding the Board of Appeals. Okay, thank you. Okay, Council Members, I need a five-minute break after that. So we'll take a brief recess. Recess: At 10:29 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:38 a.m. CHR KANUHA: And I did have—I'll take one out of order, if that's okay with the rest of the Council. It's Resolution 216-15, Mr. Clerk. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item were taken out of order. Page 13 Hawaii County Council -18 July 24, 2015 Res. 216-15: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE COUNTY OF HAWAI`I'S FOUR SOIL AND WATER CONSERVATION DISTRICTS Provides $150,000 to the Ka`u District (Ka`u, Puna, and Waiakea) and $50,000 each to the Mauna Kea, Hamakua, and Kona Districts. Reference: Comm. 366 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 216-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Okay, thank you. Just so we all understand, this 300,000 was budgeted item. However there's a requirement that it be itemized, so that the amounts per district are separated. And that's what this is about. So this needs Council approval, and the Soil Water Conservation districts are around the island are very, very good groups. And I think all of the people who came here to testify today, they do a wonderful job. And we've got nothing but positive testimony about the work that you do. So thank you. CHR KANUHA: Thank you, very much Ms. Eoff. Any other discussion? Ms. David. MS. DAVID: Really quick. Yes, I would like to note that Soil and Conservation Board Members have also emailed me their support for this, and it's a very good program. And I thank you. CHR KANUHA: Thank you. Ms. Wille. MS. WILLE: Yes, with your indulgence I'd like to bring Mary Robblee forward for a minute and speak. (Note: At this time, Mary Robblee of the Kona Soil and Water Conservation District, came forward to address the Council.) MS. ROBBLEE: My name is Mary Robblee and I work for the Kona Soil and Water Conservation District with the title Conservation Assistant. MS. WILLE: And if you would just take a minute—soil compost has sort of been one of my big focuses, my grobes, so but just sort of in terms of the historical context and what the importance in any particular problems that you think we're facing. That either need to be dealt with whether on the Council level or State level. Page 14 Hawaii County Council -18 July 24, 2015 MS. ROBBLEE: Well one of the greatest challenges for our private landowners when they acquire new land is being able to establish a farm, being able to even plant an avocado tree. And a lot of that has to do with the State Historic Preservation Office (SHPO) requirement that they have SHPO clearance in order to do this work. Number of times people who have come to me, say they just bought some land, and they want to start farming. I ask them how much land it is. It's five acres. Do you have SHPO clearance? And they say do I have what? SHPO clearance if they're no historic artifacts. If you don't have it, I can work with SHPO in getting a site visit done. If they determine you have historic artifacts they will require that you do a survey of your land, and I would recommend that you budget $2,000 an acre for that. We have a coffee farmer who did not know of that, went through that process, I went down to do a site visit to see how his progress was going with his coffee farm, and he had to stop working, because he didn't have any cash. And I put a $100.00 bucks on the cash he had to spend on the survey was what he had planned for the operation or establishment of the farm. And he's out looking for investors to finish this up. He's one example, he has financial resources or expects to be able to have the financial resources. We have somebody else who has the Kamehameha Schools least, like nine acres I think it is. It's covered with African Tulip trees. They want to bring a bulldozer in. They had SHPO in, SHPO wouldn't give them the clearance. They have to get a survey done, and they do not have $20,000 to get a survey done. So their going in by hand, and clearing out small portions of this nine acres in order to plant coffee and meet the requirements of their Kamehameha Schools least. I see two ways to help resolve this problem. One is to require that real estate agents give discloser that this is going to be a requirement. Because I cannot believe that such a financial requirement that's on these new landowners has never—they come into my office and it's a big surprise. They really ought to know about that, up front so that they can make well informed decisions about their land purchase. So if there was discloser that would be one thing. Also I was on a sight visit yesterday with my—who's a State Historic Preservation Officer for West Hawaii for Kona, and we were talking about this requirement, and I agree it's a law therefor you could presume the people of the State of Hawaii want the state to collect regarding historic artifacts. And we had this conversation on the board, and I'm not in a position to speak for the board. But my own personal positon is, if the state or the people of Hawaii want collect this data, they really ought to help pay for that collection. And not leave it as a burden to the individual landowner to do for the state what the state wants. So that is a huge problem. Page 15 Hawaii County Council -18 July 24, 2015 Historically farming practices in West Hawaii with herbicides killing weeds had done a lot of damage to our farms. Anybody in Kona has driven around they've seen coffee trees growing out of rocks. And that's because our soil is organic in nature, and if you don't continuously provide organic material, it will just—into thin air. It can wind erosion, rain erosion, I'm trying to get farmers to embrace the weed, because its vegetated material above the surface and the root system below the surface, it's going to hold their soil in place. Because the soil doesn't care what kind of root system it's holding it there, they just want a root system. Our farmers are so challenged with so many things, between with lack of soil, drought, flooding rains, the slope of the land, the rockiness of the soil, pigs, the cost of doing business, the cost of farming here it's just exceptional. And that's why they're the hardest working group of people I have ever met short of maybe fisherman. MS. WILLE: Thank you for educating us. And I think that we need to figure some more of this out, and we are doing a little bit, getting our compost going, so it's not going as much into our landfill. So we have done one thing, and MS. ROBBLEE: Oh, and in other issues that they contend with and concerns is the fire -ant and the mulch coming from Waikoloa, which I guess Dr. Cass Vanderwood had said, that is the perfect location to do mulch on the island, because it's not a habitat or virtually anything. The hot dryness of that environment in Waikoloa is perfect for eliminating little fire -ants, and I know there's been talk about moving the whole operation to Hilo, which is a great environment for little fire -ants. So there's a lot of issues with composting with the county mulch, that would become greater problems if you don't process the mulch in an environment that does not support these insects, invasive species, pathogens, weeds, so that's another concern that they have. We try to educate them that, because that environment does not support the little fire -ant, you are much better off getting mulch from that, then say from Hilo. MS. WILLE: Yeah. MS. ROBBLEE: And always test for little fire -ants, do soil testing. We have a farmer now who lives in Honalo. I know she's talked to the Chair about her issue with—she over 100 acres of land storm water run-off that's directed to her 1.3 acre farm. Everybody, all the council members from Kona will soon be receiving a report from her that the district put together for her, because of her lack of computer resources, and her lack of resources as oppose to our ability to do this. We put this report together for her. There's a letter from the district supporting her. She's been working with NRCS (Natural Resources Conservation Service) to try to prevent the erosion, but when you have that much water come through your land, and it's right by Teshima's and the Shell Station, that storm water run-off is actually killing her soil. There are large swats of dead grass, where ever the storm water run-off went. And when you think that the first flush is what everybody's Page 16 Hawaii County Council -18 Vote on Res. 216-15 (Adopted) July 24, 2015 always concerned about with storm water run-off, she's getting first flush from a gas station. And that is not good for her land at all. So you Council Members from Kona will be receiving a report from her shortly it's going to her state reps, her state senator, the director for the State Department of Transportation Warren Lee, Kai Emler, because she so over putting down mulch and then having a flood come and wash it all down to the bottom of her property. After having done all this work not MR. ONISHL Mr. Chair, I'm sorry excuse me. Mr. Chair, we need to move on please. CHR KANUHA: Any specific questions Ms. Wille? MS. WILLE: Okay, so we do need to deal with these storm water run-off issue that was never picked up after the last bill, which was before our group. And on the fire ants, I know I've been trying to get it where we're not just doing in Hilo, but I appreciate you bringing these items to our attention. And I'll be in communication with you, and we'll work forward. MS. ROBBLEE: Thank you, very much. CHR KANUHA: Thank you, Mary. Council Members, any other discussion on Resolution 216? Hearing or seeing none all in favor say "aye." The motion to adopt Res. 216-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, I also have members from the GEMS program, The Girls Exploring Math and Science Program. I'd like to that, so that's Resolution 212. Page 17 Hawaii County Council -18 July 24, 2015 Res. 212-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE OFFICE OF THE PROSECUTING ATTORNEY TO PROVIDE FINANCIAL ASSISTANCE FOR THE GIRLS EXPLORING MATH AND SCIENCE (GEMS) PROGRAM Transfers/appropriates $4,000 out and from the Clerk -Council Services – Contingency Relief account (Council District 7); and credits the same to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (GEMS). Reference: Comm. 355 Intr. by: Mr. Kanuha Motion to Approve: Ms. Eoff moved to adopt Res. 212-15. Seconded by Ms. David. CHR KANUHA: Any discussion Council Members? Just real quickly, I supported this last go around, it's a great program. We have Bill and Cindy Armor if they're—if anybody has questions about this program, but I ask for your support. It's a great program for these girls, so Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. Yeah, I was looking at this, and I remember it was coming before the Council, before. And I know we're pressed on time, and just out of due respect, I just wanted to get an update on the previous contingency funds that you supported. And I just wanted to hear how it's been going, just because I have some history on this from last term. I'm very curious, if you don't mind. CHR KANUHA: We can bring up Cindy. MR. ILAGAN: Okay. CHR KANUHA: Armor, and Cindy if you could just introduce yourself. (Note: At this time, representative for GEMS, Cindy Armor, came forward to address the members of the Council.) MS. ARMOR: Thank you, I'm Cindy Armor the Chairperson for the GEMS Program. GEMS is sponsored by a group called AAUW (American Association of University Women), and the urpose of GEMS is to expand the girls awareness, and these girls are 5t grade girls. We invite all the 5th grade girls from west side of the island to our GEMS program on this side. And our purpose is to expand the girls awareness of career opportunities, and to increase their interest in their math and science classes. And I have a copy of the program from last year, Page 18 Hawaii County Council -18 July 24, 2015 and we do give credit to the Hawaii Council for money that you gave us last year. And we certainly hope you can help us again this year. We do ask the girls—we get about 320 girls each year. We do ask the girls toter their families to give us $20 to help cover the cost of the breakfast and the lunch, and a special t -shirt that we give them. And we do give scholarships, last year we gave 57 scholarships to families who couldn't afford that. And there where this money comes in. Also we need—the $20 does not cover the cost of their breakfast and lunch at the hotel. By the way this year our GEMS Program will be on Tuesday November 17, 2015 at court yard at King Kamehameha Kona Beach Hotel. So we're going to be right here in town, and we're moving from the Sheraton because we wanted a place a little more affordable to us. So we're doing everything we can to make it reasonable. At GEMSI'm going to give each of you a copy of the program. At GEMS the girls get to visit exhibits and workshops that are led by women who have careers in math or science. We also have involved the robotic high school girls, because for some of the 5th graders they look at the high school girls as a little better role model or more mediate role model for them. So we think it's a wonderful program, and we appreciate your help in the past, and hope that you can help us again this year. MR. ILAGAN: Thank you. I have just two questions, and if that's okay. Thank you, for the update. MS. ARMOR: Thank you. MR. ILAGAN: And I was just wondering, because I supported the Imiloa in trying to have stamp program with math and science, and technology. And I wanted to ask, have you gotten a chance to partner up like with Imiloa, and also Pisces by any chance? MS. ARMOR: No, I haven't. We haven't. MR. ILAGAN: The very two strong signs of, and I think those partnershipI mean just reaching out to them would be really great. I mean I could see it expanding even more. MS. ARMOR: You said Pisces, and which was the other one? MR. ILAGAN: `Imiloa, over the east side. MS. ARMOR: Yes. MR. ILAGAN: Astronomy Center. Page 19 Hawaii County Council -18 July 24, 2015 MS. ARMOR: Yes we had some involvement with people who have come to volunteer at our program. MR. ILAGAN: Okay, good, good to hear. I guess Pisces would be the next MS. ARMOR: I think that's a good point. Thank you, very much. MR. ILAGAN: And is your contact information in that brochure? MS. ARMOR: My personal contact? MR. ILAGAN: Yes. MS. ARMOR: It actually isn't. MR. ILAGAN: Okay, if not I'll get your contact and I'll connect MS. ARMOR: I'll give that to you. Yeah, that'll be great. MR. ILAGAN: Okay. MS. ARMOR: I do also want to mention, because I know some of you represent Hilo, and certainly all of you represent everyone all over the whole island. That the Hilo branch of AAUW is looking at starting a GEMS program for 5th grade girls over there similar to ours. They've come to a planning meeting, and they'll be coming to our GEMS program this year. MR. ILAGAN: Don't forget Puna. MS. ARMOR: Well Puna is included too. It's the whole island. MR. ILAGAN: You should of said east side. MS. ARMOR: Yeah, the east side. Oh, I said Hilo. I'm sorry, the east side. I guess what I meant to say. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Thank you, Cindy. Any other discussion Council Members? Okay, hearing or seeing none, all in favor say aye. Page 20 Hawaii County Council -18 Vote on Res. 212-15 (Adopted) July 24, 2015 The motion to adopt Res. 212-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, thank you. You could give our Clerk the information so he could hand it out to us. Ms. Eoff. Point of MS. EOFF: Mr. Chair, this is a point of information. I was asked by R&D Information: (Research and Development) to waive the 5 -day hold over on Resolution 216. And I wondered if it's too late to make that motion. CHR KANUHA: No. It's appropriate to make that motion. MS. EOFF: Thank you, Mr. Chair. I would like to move to waive the 5 -day hold over on Resolution 216-15. Vote on Motion to Ms. Eoff moved to suspend Council Rule 15 to waive the Suspend Council 5 -day holdover for reconsideration of Res. 216-15. Seconded Rules: by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you, Ms. Eoff MS. EOFF: Thank you, very much. CHR KANUHA: Okay. Mr. Clerk, we'll go to the top. Resolution 208. 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. Page 21 Hawaii County Council -18 July 24, 2015 (Note: Items in this category were taken up previously, out of order.) Res. 208-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PAY FOR PORTABLE RESTROOMS AT `O`OMA BEACH Transfers/appropriates $10,500 out and from the Clerk -Council Services – Contingency Relief account (Council District 8); and credits the same to the Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Rental/Lease of Equipment account (`O`oma Portable Restrooms). Funds would be used to pay for one Americans with Disabilities Act compliant restroom and five standard portable restrooms for one year. Reference: Comm. 347 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 208-15. Seconded by Mr. Paleka. CHR KANUHA: Any discussion? Ms. Eoff MS. EOFF: Thank you, Mr. Chair. Happy to this for `O`oma it's one of our open space purchases, and it is located in between Kohanaiki Beach Park and OTEC (Ocean Thermal Energy Conservation) or NELHA (Natural Energy Laboratory of Hawaii Authority.) And over the last year or two the Kohanaiki Shores has been generous enough to put three bathrooms there for the users. But we need to put those three back on the Kohanaiki parcel, so I'm going to—this money will pay for a year's worth of servicing five lua's and one is ADA on the `O`oma parcel. So I ask for your support. CHR KANUHA: Thank you, Ms. Eoff Any other discussion Council Members? Hearing or seeing none, all in favor say "aye." Vote on Res. 208-15: The motion to adopt Res. 208-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. Page 22 Hawaii County Council -18 July 24, 2015 Res. 209-15: REQUESTS THE CHIEF ELECTION OFFICER OF THE STATE OF HAWAII TO USE PLAIN LANGUAGE SUCH AS THE TERM "VOTE BY MAIL" INSTEAD OF "ABSENTEE VOTING" FOR THE PURPOSE OF IMPROVING CLARITY TO INCREASE TURNOUT OF REGISTERED VOTERS AT ELECTIONS Reference: Comm. 350 Intr. by: Mr. Eagan Waived: GREDC and Comm. 350.1: From Governmental Relations and Economic Development Committee Chairperson Dennis "Fresh" Onishi, dated July 7, 2015, requesting that this matter be waived to the full Council for immediate action. Motion to Approve: Mr. Eagan moved to adopt Res. 209-15. Seconded by Mr. Paleka. CHR KANUHA: Go ahead Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to give you the history of how this resolution came to play. First of all we had the elections audit report, and I wanted to follow up if our elections and our Clerk, have resolved those recommendations. So I had a meeting with our elections division, and also our Clerk, and found out that those recommendations that were made by the auditor were resolved. And they were being implemented, so after having that discussion I felt relieved, because I don't have to do any more work. And then come to find out that, after having more discussion there is a misconception regarding absentee voting that we could clarify that could help our current voters in here in Hawaii County. And misconception is that you have to be absent to vote absentee. The thing is, to clarify that we wanted to just put vote by mail, because that's what it's actually doing. You don't have to be an absent resident to actually use this form, and to vote by mail. And I feel that this will clarify the true intention of absentee voting. And with that being clarified, I feel that we might have an increase turnout by vote by mail. And I wanted to get the Council support of what I'm trying to do. Now regarding changing the actually name of it, there's a lot of HRS (Hawai`i Revised Statutes) reference on absentee voting, so that has to change in the state side. And that's why it's done by resolution, and I just wanted to let you know that's why it's done by resolution and not by a bill. Because it's not any County Code that we can change that will resolve this issue, and this is the step, first step to changing that name from absentee voting, to vote by mail. And I definitely am open to hear any or your suggestions and ideas, on how if you feel this is important, and want to move it forward. I'm here for questions. Thank you. Page 23 Hawaii County Council -18 July 24, 2015 CHR KANUHA: Thank you, Mr. Eagan. Council Members, Ms. Wille. MS. WILLE: Yeah, I think we sort of had this discussion when this came upI don't know if it's when Senator Ruderman was here or in terms of what happened in Puna. And that we needed to get this clarified, so thank you, for doing it I don't reallyI think it's obviousI mean I know for myself I see absentee, and therefore if I'm not absent I shouldn't be doing it. So it's just the matter we should have the language in our laws reflect something that isn't creating misunderstanding. I don't think that's really any issue here, and thank you, for moving it forward. CHR KANUHA: Thank you, Ms. Wille. Ms. David. MS. DAVID: Yes, I wanted to just thank Council Member Eagan, for clearing this up, because it does create a question, whether if you're voting by mail you have to absent. So thank you, very much, and right now because you vote by mail, there's no distinction whether you're absent out of the state, or whether you just are at home. That makes it really clear for the people. So thank you, very much Mr. Eagan. CHR KANUHA: Thank you. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. The only thing I have—my concern is that this past session the legislators was trying to pass a completely vote by mail. Which was deferred at conference, so by sending this to I guess the legislators, they might get confused thinking that the Hawaii County is in support of what one of their bills are. And so I don't know if we should—or maybe this should be redone in another way where to make sure there's no confusion when this gets to them. Another thing we had discussions in the past when I was on Council about absentee's and so forth, but they also have wear you can make it permanent. So you can just—once you fill out that form, and you decide that you want to make it permanent you just I don't know check a box or whatever, and then it's like lifetime you going be getting your ballots mailed to you. So I don't know if we need to or I mean if—how this going to work with the legislators. How they going to think of what we're trying to say. That's my concern, thank you. CHR KANUHA: Thank you, Mr. Onishi. Ms. Poindexter. MS. POINDEXTER: Yup, well I appreciate Council Member Onishi's concern. I do agree with Council Member Ilagan, and what you've done, because it makes it what it is. It doesn't give a false perception that you have to be on Oahu and away on vacation in order to receive an absentee ballot. So just clearing it up and calling it what it is. So I will support it, so thank you, very much. CHR KANUHA: Thank you, Ms. Poindexter. Mr. Paleka. Page 24 Hawaii County Council -18 July 24, 2015 MR. PALEKA: Walks like a duck, quacks like a duck, let's call it a duck. CHR KANUHA: Mahalo, for the valuable insight. Okay any other, Ms. Eoff MS. EOFF: I also wanted to thank Mr. Eagan, for bringing this up. I remember when we had the discussion before, and I think I may have suggested the same thing, that I'd rather didn't have this be a confusing initiative that you may feel like you have to be absent to apply this would be clear. It's just a vote by mail initiative. So thank you, very much. CHR KANUHA: Thank you, Ms. Eoff Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to make two points. Council Members, Wille and Eoff mentioned some things. And one thing that Council Member Wille said, was that this was very obvious, and also that the thing was with the neighborhood watch thing. I felt that there was something very obvious, but there was no action being done. So I wanted to take action, and actually do the work to make the change happen, so that's why I'm doing this. I not assuming that somebody else is taking responsibility and actually doing it. So I took it onto my hands and started creating the resolution, and trying to address the situation. The second point I wanted to make is, Council Member Onishi, mentioned that there might be a confusion. When we send something up to the state regarding a program that they were trying to do with the vote by mail. Well the confusion—for one thing, this whole thing is confusing period. But the resolution actually states it on the Whereas and Be it resolved. Where the, "Whereas, the Chief Election Officer of the State of Hawaii is responsible for public education with respect to voter registration and information in the State of Hawai`i;" "Whereas, the word `absentee' has a misleading connotation that suggests voters must be absent from their residences in order to be eligible to vote by mail, when that is not the case;" and "Whereas, the word `absentee' refers to a voter's absence from a polling place on Election Day; and "Whereas, to the extent permitted by law, the Chief Election Officer may attempt to increase voter turnout by communicating to the public the more descriptive and accurate phrases `voting by mail' and `early walk-in polling places' instead of `absentee voting', `permanent absentee voting', and `absentee polling places'; now, therefore, Be It Resolved by the Council of the County of Hawaii that the Chief Election Officer of the State of Hawaii is requested to use in communications with the public plain language such as the term `vote by mail' for the purpose of increasing turnout of registered voters at elections in the State of Hawai`i." Page 25 Hawaii County Council -18 July 24, 2015 So that's what I'm trying to accomplish, is to use those plain language vote by mail. I don't believe the confusion, if there is any confusion. I'll be right there to address those questions, and clarify any confusion. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Mr. Onishi. MR. ONISHL Well as you mention, like be it resolved by the Council of the County of Hawaii. You're mentioning that by changing the term "vote by mail," the purpose is to increasing turn -out of registered voters, at the elections in the State of Hawaii. Are we having a problem now? Do you have stats where it shows, that if you change this wording, you're going to increase voter turn -out? Question to Mr. Eagan. MR. ILAGAN: I believe if we change the language to "vote by mail." I believe that the turn -out will increase. And regarding there is a problem, NACo (National Association of Counties) has all the facts regarding nationwide, not only statewide, regarding voter turn -out. And this is one action that we can do to actually help increase voter turn -out, so doing this is not only for the purpose of increasing voting turn -out, but alsoI should add in is, which I feel it already says, is it makes it clear in plain language. MR. ONISHL Well my question is, do you have stats? MR. ILAGAN: Yes, NACo has stats. You want me to show the stats? MR. ONISHL Yeah, would let us know. MR. ILAGAN: I can pull it out right now, Mr. Onishi. MR. ONISHL Okay. I mean that would be great. I mean and for Hawaii, that would be great too. CHR KANUHA: Okay. While he's pulling up stats, I just want to briefly state that I fully support this. I think anyway is possible to help bring out the voters to either register or vote is awesome, but I do concur with Mr. Onishi that I don't want the perception to go to the state to say that we support entirely vote by mail. Because that's—we've gone through this as a Council, I think previous Councils, and we've voted against that particular measure to send to the state. But like it says here, I do agree with the language here, but also definitely want to get away from that permanent vote by mail. So, Ms. Eof£ MS. EOFF: Will there be a way to add another whereas to explain that this doesn't—isn't intended to mean that this resolution supports exclusively vote by mail. Page 26 Hawaii County Council -18 Vote on Motion to Call for the Question (Approved) Vote on Res. 209-15 (Adopted): July 24, 2015 MR. ILAGAN: Yes. I can do that, and I—for that to happen I would need to table it. And have my staff write that amendment, and amend this resolution. If the Council deems it necessary, I can table the matter and make the amendment. Because I don't think it hurts the cause, it only clarifies it, and makes it even better. CHR KANUHA: Yeah. Thank you, Mr. Eagan. It does clarify, but I mean I'm fine with it as it is currently. That's just my personal. I don't think it needs to be clarified further, but that's just a point you make towards the concerns of Mr. Onishi. So I'm okay with it right now, but I'll leave it up to the rest of the Council to decide how they want to deal with this one, or yourself Mr. Eagan as the introducer of this. MR. ILAGAN: I'm fine as is. If the Council deems if necessary, I'm more than capable of making that amendment. CHR KANUHA: Thank you, Mr. Eagan. Ms. Wille. MS. WILLE: Yeah, I just want to say I concur. I'd rather not spend the time doing that, and get on with some other things. And just vote for this, so I'm going to call the question. Ms. Wille moved to call for the question. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Okay, we're going to vote for Resolution 209. All in favor say Ic aye. The motion to adopt Res. 209-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha – 8. Noes: Council Member Onishi –1. Absent: None. Excused: None. Page 27 Hawaii County Council -18 CHR KANUHA: Motion passes. Okay, moving on Mr. Clerk July 24, 2015 Res. 210-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EXPENSES RELATED TO THE FOURTH OF JULY FESTIVITIES IN HILO Transfers/appropriates $5,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits the same to the Department of Parks and Recreation, Culture/Arts Other Current Expenses, Miscellaneous Contract Services account (Fourth of July Festivities). Reference: Comm. 351 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 210-15. Seconded by Ms. David. CHR KANUHA: Mr. Paleka you have the floor. MR. PALEKA: Yes, I forwarded this resolution just to fund the 4th of July fireworks that was kind of near and dear to my heart. Because Leihua JC's, which I was probably a member of back in, oh I hate to say how far back, but we use to sponsor this event. But they've been dissolved and the county was kind enough to take this up, so I'm just asking for your support to confirm this funding. Mahalo. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 210-15: Motion to adopt Res. 210-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item Mr. Clerk. Page 28 Hawaii County Council -18 July 24, 2015 Res. 211-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EXPENSES RELATED TO THE FOURTH OF JULY CELEBRATION IN HILO Transfers/appropriates $5,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits the same to the Department of Parks and Recreation, Culture/Arts Other Current Expenses, Miscellaneous Contract Services account (Fourth of July Celebration). Reference: Comm. 352 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 211-15. Seconded by Mr. Onishi. CHR KANUHA: Any discussion, Mr. Chung? MR. CHUNG: Yeah, very briefly. Thank you, Mr. Chairman. Just as Mr. Paleka used his funds, I'm also using some of mine to reimburse the county for its 4th of July celebration. Mr. Chairman, a lot of people might think that, look at fireworks as you just burning money right. But it's inescapable where ever you go, something about fireworks when it's done right really makes people happy. Whether it's here in Hilo, Kona or Disneyland right. And throughout the island, I don't know I never been to places like in Waikoloa, Kona, but I'm very familiar with the Hilo celebration. And there's no other event that I can think of, that brings so many people together. From all walks of life, young, old, rich, poor just everybody coming together and enjoying one day. So I just wanted to say that, and I know everybody's going to support this. Thank you, very much. CHR KANUHA: Thank you, Mr. Chung. Is there any other discussion Council Members? Okay, hearing or seeing none, all in favor say "aye." Vote on Res. 211-15: The motion to adopt Res. 211-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Resolution 213. Page 29 Hawaii County Council -18 July 24, 2015 Res. 213-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF THREE CONVEX MIRRORS Motion to Approve: Vote on Res. 213-15 (Adopted) Transfers/appropriates $900 out and from the Clerk -Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Public Works, Transfer to Highway Fund, Miscellaneous Charges account (Traffic Signs and Markings/Highway Materials/Roadway Safety Mirrors). Reference: Comm. 361 Intr. by: Mr. Onishi Mr. Onishi moved to adopt Res. 213-15. Seconded by Ms. David. CHR KANUHA: Mr. Onishi. MR. ONISHL Yeah, this just to add more of these mirrors to traffic, so that they could help out, in different situations about cars either coming out of roadways, or different areas where they can't—there's blind areas. So just asking for your support, and also helping with doubling up of what Mr. Chung had gave from the last year. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or seeing none, all in favor say "aye." The motion to adopt Res. 213-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item, Mr. Clerk. Page 30 Hawaii County Council -18 July 24, 2015 Res. 214-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O KA`U KAKOU, INC., FOR COMMUNITY ENGAGEMENT AND OUTREACH ACTIVITIES THAT PROMOTE AGRICULTURAL TOURISM Transfers/appropriates $15,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits the same to the Department of Research and Development, Tourism Promotion, Miscellaneous Contract Services account (`O Ka`u Kakou, Inc.). Motion to Approve: Vote on Res. 214-15 (Adopted) Reference: Comm. 364 Intr. by: Ms. David Ms. David moved to adopt Res. 214-15. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Yes, mahalo. This is just a follow up for my contribution to `O Ka`u Kakou. They do so many services for the rural community in Ka`u, and this is my way of helping them to at least provide for some of the materials, that they do for their many repair projects around the districts. So I urge your support to help them continue their good service. Mahalo. CHR KANUHA: Mahalo. Any other discussion? Hearing or seeing none, all in favor say "aye." The motion to adopt Res. 214-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 31 Hawaii County Council -18 July 24, 2015 Res. 217-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE (HDOA), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO RECEIVE FUNDS FOR THE COUNTY OF HAWAII'S LITTLE FIRE ANT (LFA) CONTROL PROGRAM Provides $90,000 from HDOA to the Parks and Recreation Department's LFA Control program to purchase equipment and supplies. Reference: Comm. 368 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 217-15. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: I just can't say how important it is that we get on top this little red fire ant problem. It's really concerning, so I'm glad this money is here. CHR KANUHA: Thank you, Ms. Eoff Mr. Onishi, I know for sure. MR. ONISHL Thank you, Mr. Chair. Yes I worked with Chairman Scott Enright to get this money from DOA (Department of Agriculture). And one thing he's been very supportive in getting funding for the Hawaii County in battling with this fire ants, and so Parks and Recreation will be really happy in receiving this money. They'll be using it to get some equipment, and what I understand, they'll be getting like a truck and trailer, or something like that. So they can haul like the sprayers and everything like that, when they got to go outside. So this will come in handy and hopefully we'll be getting funds from the Hawaiian Invasive Species Counsel. And so I hope everybody supports this, and just to let the public know that Chairman Scott Enright is such a wonderful guy, thanks. CHR KANUHA: Thank you, Mr. Onishi. Mr. Chung. MR. CHUNG: Well thank you, Mr. Chairman. Very briefly I wanted to applaud the efforts of Mr. Onishi as well as Director Enright. Because I was in that meeting when Mr. Onishi went, and begged for that money. It was kind of amazing how he did it. The results are showing up here, and I wanted to really congratulate him and thank him for those efforts. CHR KANUHA: Thank you, Mr. Chung. Any other discussion? Hearing or seeing none—Well basically I just want to say also thank you, Mr. Onishi for really taking the bull by its horns with this particular thing. It's very detrimental to our community, and just a big mahalo for all your work. Not only you, I know Page 32 Hawaii County Council -18 July 24, 2015 there's a few others that worked on this, but you really have gone the extra mile, so thank you. MR. ONISHL Can I just one more thing. CHR KANUHA: Mr. Onishi. MR. ONISHL I just wanted to add that, if not for Parks and Recreation too. Which they were devoted like Director Honma, Superintendent Pat Daily and the crew. That hector control, now crew there calling them. They're the three most wonderful people, I think county did a great investment when they hired these people. But right now they're on contract, but as soon as the funds run out, then hopefully those three can be permanent. And so when that comes up, I'll let you guys know, so you guys can all do a good recommendation for them. Thanks. CHR KANUHA: Thank you. And I wish we would have done this 15 years ago. Ms. Wille. MS. Wille: Yeah, I always say that. But by the way we need more money, Fresh. MR. ONISHL I'm trying my best, Ms. Wille. MS. WILLE: Yeah, not just in the parks. We need like for the farmers. Yeah, I mean that's my thing with Scott when we wanted it in 2008 and it didn't come and at that point we only had two major spots. Anyway okay so we do need more. We have high expectations of you. Okay, bye. MR. ONISHL Okay. CHR KANUHA: Thank you, Ms. Wille. Any other dis—okay, Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I also want to say thanks for doing this Mr. Onishi. I know you been very good over there at the state, and definitely working with Mr. Enright, and he's a pleasure to work with. And I just want to thank you, and continue supporting you on this. CHR KANUHA: Thank you. Okay, any other discussion? Hearing or seeing none, all in favor say "aye." Page 33 Hawaii County Council -18 Vote on Res. 217-15 (Adopted) July 24, 2015 The motion to adopt Res. 217-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, next item. Res. 218-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH (DOH), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR FUNDS TO PROVIDE COMPLETE STREETS TRAINING AND CAPACITY BUILDING FOR HAWAII COUNTY STAFF Provides $7,500 from DOH to the Planning Department for Complete Streets training to help local jurisdictions design, build, and operate streets that enable safe access for all users. Reference: Comm. 369 Intr. by: Ms. Eoff Waived: FC Vote on Res. 218-15: Ms. Eoff moved to adopt Res. 218-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Resolution 219. Page 34 Hawaii County Council -18 July 24, 2015 Res. 219-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR THE IMPROVE FORENSIC SERVICES GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Provides $3,000 from the Department of the Attorney General's Crime Prevention and Justice Assistance Division to the Police Department to pay for training for laboratory personnel, supplies, and equipment. Vote on Res. 219-15 (Adopted) BILLS FOR ORDINANCES (FIRST READING): Reference: Comm. 370 Intr. by: Ms. Eoff Waived: FC Ms. Eoff moved to adopt Res. 219-15. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Bill for Ordinances First Reading, Bill 60. The Chair directed the Council to proceed to the next order of business, Bills for Ordinances (First Reading). Page 35 Hawaii County Council -18 July 24, 2015 Bill 60: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — TWENTY ACRES (A -20a) TO AGRICULTURAL — FIVE ACRES (A -5a) AT `OLA`A RESERVATION LOTS, `OLA`A, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-8-005:133 (Applicant: Harry and Sandra Freitas) (Area: Approx. 50 acres) The Windward Planning Commission forwards its unfavorable recommendation for this proposed change of zone due to application deficiencies relating to: (1) minimum water concurrency requirements; (2) Puna Community Development Plan policies discouraging further subdivision of larger agricultural lots through the variance process; (3) General Plan policies requiring adequate water utilities to support an increase in density; and (4) substandard road conditions. Reference: Comm. 330 Intr. by: Greggor Eagan (B/R) Negative: PC -23 (Due to a vote of 4 -ayes, 4 -noes, 1 -absent) Motion to Approve: Mr. Eagan moved to pass Bill 60 on first reading and file Planning Committee Report No. 23. Seconded by Mr. Onishi. CHR KANUHA: Before I offer discussion, I just wanted to reference Council Members to Communication 330.2 by attorney Ted Hong. He's asking that this matter be deferred or postponed to the next Council meeting, August 5, 2015. So I just let just for the reference, I'll open it up for discussion. Mr. Onishi. MR. ONISHL Yeah, Mr. Chair I was going to request a motion to postpone to the Call of the Chair. Vote on Motion Mr. Onishi moved to postpone Bill 60 to the call of the Chair. to Postpone to the: Seconded by Mr. Paleka and carried by the following Call of the Chair: voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item Mr. Clerk. Page 36 Hawaii County Council -18 July 24, 2015 Bill 64: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Public Works Mamalahoa Highway Widening, Mud Lane to Mana Road — Federal ($640,000), County ($142,000), and State ($18,000) project, for a total of $800,000, to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($640,000); General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($142,000); and State Capital Improvement Funds ($18,000). Funds would be used to pay for consultant design services. Reference: Comm. 367 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. Eoff moved to pass Bill 64 on first reading. Seconded by Ms. David. CHR KANUHA: Is there any discussion? Ms. Eoff MS. EOFF: No. Except for that, I've also been asked to waive the 5 -day hold over for reconsideration of Bill 64. So I guess after we take a vote, I'll do that. MR. HENRICKS: Mr. Chair, this is up for first reading. CHR KANUHA: I was just going to look at that. They asked for the 5 -day reconsideration, but I was going to ask you if this was the first reading. Okay. MS. EOFF: Oh, sorry. Okay, then I guess I'll just urge support. CHR KANUHA: Thank you, Ms. Eoff Anyways, is there any discussion on this Council Members? Hearing or seeing none, all in favor say "aye." Vote on Bill 64: The motion to pass Bill 64 on first reading was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 37 Hawaii County Council -18 CHR KANUHA: Motion passes. Bill 65 July 24, 2015 Bill 65: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the State Grants — Little Fire Ant (LFA) Control — Department of Agriculture account ($90,000); and appropriates the same to the LFA Control — Department of Agriculture account. Funds would be used to purchase equipment and supplies. Reference: Comm. 368 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 65 on first reading. Seconded by Mr. Onishi. CHR KANUHA: Any discussion? This is just asorry. MS. EOFF: Yeah, this is a companion bill to appropriate the funds from Resolution 217. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none all in favor say "aye." Vote on Bill 65: The motion to pass Bill 65 on first reading was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 38 Hawaii County Council -18 July 24, 2015 Bill 66: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants — Department of Health (DOH) Complete Streets account ($7,500); and appropriates the same to the DOH Complete Streets — Federal account. Funds would be used for Complete Streets training to help local jurisdictions design, build, and operate streets that enable safe access for all users. Reference: Comm. 369 Intr. by: Ms. Eoff Waived: FC Vote on Bill 66: Ms. Eoff moved to pass Bill 66 on first reading. Seconded (Approved) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Bill 67. Bill 67: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants — Improve Forensic Services account ($3,000); and appropriates the same to the Improve Forensic Services account. Funds would be used to pay for training for laboratory personnel, supplies, and equipment. Reference: Comm. 370 Intr. by: Ms. Eoff Waived: FC Page 39 Hawaii County Council -18 Vote on Bill 67 (Approved) Ms. Eoff moved to pass Bill 67 on first reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Bill 68. July 24, 2015 Bill 68: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants — Federal Emergency Management Agency (FEMA) Alternate Projects — (Iselle) account ($122,710.05); and appropriates the same to the FEMA Alternate Projects — (Iselle) account. Funds would be used to pay for expenditures incurred during Tropical Storm Iselle. Motion to Approve Vote on Bill 68 (Approved) Reference: Comm. 371 Intr. by: Ms. Eoff Waived: FC Ms. Eoff moved to pass Bill 68 on first reading. Seconded Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: I'm just happy that we're getting this funds from FEMA (Federal Emergency Management Agency). CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor say "aye." The motion to pass Bill 68 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 40 Hawaii County Council -18 July 24, 2015 CHR KANUHA: Motion passes. Mr. Clerk, Bill 70. Bill 70: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Land Acquisition project for $1 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources. Funds would be used to purchase real property to resolve an inadvertent approval of a consolidation and subdivision application by the Planning Department that occurred without first obtaining a Conservation District Use Permit from the Department of Land and Natural Resources. Reference: Comm. 373 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. Eoff moved to pass Bill 70 on first reading. Seconded by Mr. Onishi. CHR KANUHA: Discussion Council Members, we have Mr. Brilhante here for questions about this, so we'll start with Mr. Chung. MR. CHUNG: Yeah, is this related to our Executive Session by any chance? (Note: At this time, Assistant Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: Good morning William Brilhante, Assistant Corporation Counsel. Yes that's what I wanted to request is that this is a companion with that Executive Session request. And we'll get a better idea of what transpired, and maybe we can recall it later after we move into executive session. MR. CHUNG: Yeah, so we should go into Executive Session first before taking this up right. Okay, thanks. CHR KANUHA: I think that's a great idea. Ms. Eoff, can you read us the Executive Session, so that you can make the motion. MS. EOFF: Thank you, Mr. Chair. I'd like to move that we convene in Executive Session regarding Communication 353, pursuant to Section 92-5(a)(4) Page 41 Hawaii County Council -18 July 24, 2015 for the purpose of consulting with our attorney on questions and answers pertaining to Council powers, duties, privileges, immunities and liabilities. Motion to Enter into Ms. Eoff moved to enter into Executive Session in order Executive Session: to hold a attorney-client privilege discussion regarding Communication 353, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statues. MR. HENRICKS: I'm so sorry Mr. Chair, and it's just a minor technicality, but we haven't read in Communication 353. CHR KANUHA: I apologize. MR. HENRICKS: We're kind of on Bill 70. So if we could just make the motion for Executive Session maybe—this might not sound good but a little more generic. And not mention—because we haven't read in 353 yet. CHR KANUHA: Okay, so you're saying that we make an Executive Session for Bill 70 or MS. EOFF: Well I made the motion to regarding Communication 353. CHR KANUHA: Oh. Mr. Clerk, how should we proceed? MR. HENRICKS: It's okay to enter into executive session with that motion to approve Bill 70 on the floor. However just referencing Communication 353 in the motion, a little technicality, because we haven't read it in yet. It really hasn't become part of the meeting yet, so if she could just restate the motion just to basically state to enter into Executive Session for the purpose of consulting with attorney such and such. CHR KANUHA: Okay. Without mentioning Communication 353. Withdraw MS. EOFF: I'll withdraw my first motion, and I'll just make a new motion. To Motion: convene into Executive Session for the purpose of consulting with our attorney. Motion to Enter into Ms. Eoff moved to enter into Executive Session in order to Executive Session: hold attorney-client privilege discussion regarding Bill 70, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Paleka. CHR KANUHA: Okay, discussion Council Members, before we vote on going into Executive Session? Hearing or seeing none, all in favor say "aye." Page 42 Hawaii County Council -18 Vote on Motion to The motion to enter Executive Session was carried by the Enter into Executive following voice vote: Session: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. July 24, 2015 CHR KANUHA: Okay, we are now going to go into Executive Session. Recess: At 11:30 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:50 p.m. CHR KANUHA: A motion on the floor to approve Bill 70. Is there any discussion Council Members? Okay, hearing or seeing none, all in favor say Ic aye. Vote on Bill 70: The motion to pass Bill 70 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Reports, Mr. Clerk. 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 May 31, 2015, from the Department of Finance. Page 43 Hawaii County Council -18 Vote on Financial Mr. Onishi moved to accept the Monthly Budget Status Report: Report for the Month Ended May 31, 2015. Seconded (Approved) by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Communication 353. July 24, 2015 REFERRALS FOR The Chair directed the Council to proceed with the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 353: STEVEN LEE FINEBERG VS. PLANNING DEPARTMENT, COUNTY OF HAWAII; CIVIL NO. 15-1-215 From Assistant Corporation Counsel William V. Brilhante, Jr., dated June 26, 2015, requesting an attorney-client confidential discussion to consult with the Council a negligence lawsuit filed on June 8, 2015. Vote on Comm. 353: Mr. Onishi moved to close file Comm. 353. Seconded by Filed Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion is filed. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR KANUHA: May I have a motion to adjourn. Page 44 Hawai'i County Council -18 July 24, 2015 ADJOURN- There being no further business, at 12:53 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, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. Thank you. JUL 1 9 2016 Council Approval: I COUN LERK SM/jwrk Page 45