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HomeMy WebLinkAboutMIN COUNCIL 2015/08/05 2014-2016INVOCATION CALL TO ORDER: ROLL CALL: HAWAII COUNTY COUNCIL 19th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai `i August 5, 2015 Reverend Tag Taggart of the Center for Spiritual Living gave the morning's invocation. The regular meeting of the Hawaii County Council was called to order by Acting Chair Poindexter at 9:10 a.m., in the Council Chambers, Hilo. Present: Mr. Dru Mamo Kanuha, Chair (via videoconference from Kona) Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member (came in later) Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member Mr. Danny Paleka, Member Absent & Excused: Ms. Margaret Wille, Member. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. David led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERITS, AND EXPRESSIONS (Note: At this time, Acting Chair Poindexter presented Certificate of OF CONDOLENCE: Merits to Lopaka O'Conner, in recognition of achieving the Pacific and Asian Affairs Council's 2015 Academic & Travel Scholarship.) Recess: At 9:16 a.m., the Chair called for a recess. Reconvene: Meeting reconvened at 9:18 a.m. Hawaii County Council -19 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS August 5, 2015 The Acting Chair directed the Council to proceed to the next order of business, Statements from the Public on Agenda Items. The following individuals registered to speak and came forward when called by the Chair: Dominic Yagong: (representing Pines at Kailua-Kona 1) Douglas Payne: Shane Anderson: Res. 239-15 (Comm. 401), comment. Res. 239-15 (Comm. 401), comment. Res. 239-15 (Comm. 401), comment. Nancy Kramer: Res. 229-15 (Comm. 387), in support. (representing the Big Island Lions Foundation) Rob Perkins: Genevieve Anderson: David Cunningham: (representing GVS Accelerator) Bruce Prigoff: (representing Kuakini Highway 25-6099 Corporation) Deborah Chun: (representing Kuakini Highway 25-6099 Corporation) Jamal Wasan (representing Kuakini Highway 25-6099 Corporation) Res. 239-15 (Comm. 401), in opposition. Res. 239-15 (Comm. 401), in support. Res. 232-15 (Comm. 390), in support. Res. 239-15 (Comm. 401), in opposition. Res. 239-15 (Comm. 401), in opposition. Res. 238-15 (Comm. 399); and Res. 222-15 (Comm. 380), in support. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) Page 2 Hawaii County Council -19 August 5, 2015 COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 215-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH OCEANIC TIME WARNER CABLE Authorizes the Mayor to enter into a five-year agreement at a cost of $1,500 per month to increase the County's internet bandwidth speed from 20 megabytes to 100 megabytes. This upgrade would increase the County's cost by $180 per month. Reference: Comm. 365 Intr. by: Ms. Eoff Approve: FC -29 Motion to Approve: Ms. Eoff moved to adopt Res. 215-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Just, I urge us to continue to support this. Should improve our working capabilities. ACTING CHR. POINDEXTER: Any other discussion? Okay, seeing or hearing none—can I do all those in favor, yeah? Yeah, we can do the—don't have to do an individual. Even if Council Chair is in Kona? MR. MAEDA: I think as long as we confirm that he voted "aye" that's fine. ACTING CHR. POINDEXTER: Okay, so all those in favor say "aye." Vote on Res. 215-15: The motion to adopt Res. 215-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. Page 3 Hawaii County Council -19 August 5, 2015 ACTING CHR. POINDEXTER: Council Member Eagan requested that I take a couple items out of order. MR. IL,AGAN: Resolution 238-15 and Resolution 228-15. ACTING CHR. POINDEXTER: Okay. So, Mr. Clerk, can you please read into the record 238-15? Change Order As directed by the Chair and with no objections from the Council Members, of Business: the following items were taken out of order: Res. 238-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LOKAHI TREATMENT CENTERS FOR THE RENTAL OF OFFICE SPACE IN THE PAHOA VILLAGE CENTER Transfers/appropriates $6,706.26 out and from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits the same to the Office of Housing and Community Development, Transfer to Housing Fund, Miscellaneous Charges account (L6kahi Treatment Centers). Reference: Comm. 399 Intr. by: Mr. Eagan Motion to Approve: Mr. Eagan moved to adopt Res. 238-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. I just wanted to first straighten out my paperwork here. It's all messed up. I just want to say thank you to the doctor for explaining this resolution and the testimony. I can bring him up and explain more, but I believe he covered the details. This is actually Council Member Paleka's district. Of course, as the Council Members know, we split Pahoa in half and we pretty much split Puna in half, and as Council Member Paleka and I have been saying, "Two districts, one Puna." We want to just provide these services, and I hope that the Council supports this contingency funds. Thank you. ACTING CHR. POINDEXTER: Thank you. Is there any other discussion? Council Member Paleka. Page 4 Hawaii County Council -19 August 5, 2015 MR. PALEKA: Perhaps I can justI firmly support this resolution, so I'm asking for your support. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor say "aye." Vote on Res. 238-15: The motion to adopt Res. 238-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. POINDEXTER: Now we move to, Mr. Clerk, Resolution 228-15, please. Res. 228-15: 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 4); 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. 386 Intr. by: Mr. Ilagan Motion to Approve: Mr. Eagan moved to adopt Res. 228-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. I have Mr. Bates here, and I just wanted Mr. Bates to explain a little bit in detail what the $10,000 would be used for and how it will benefit the lower portion, more towards the ocean side of Puna, and of course, anyone around the Pahoa area and even in Kea`au area. (Note: At this time, Mr. Bates came forward to address the members of the Council.) Page 5 Hawaii County Council -19 August 5, 2015 MR. BATES: Aloha kakou. I am pleased to come before you once again to talk about food sustainability in Puna Makai. Already we have made great strides in this effort, thanks to the generosity of Council Member Paleka and last year's generosity of Council Member Ilagan—and the work that we've done with bringing Puna together to really understand the capacity of our sustainability. As we have faced Hurricane Iselle last year; lava flow, which threatened our solitude and our isolation down there, and we really came to understand what was necessary as a community. And Kalani Honua, being a 40 year agency serving Puna Makai, has really been a leader, along with our colleagues at Hawaii Sanctuary and others, to bring together farmers to help understand who's growing what, what grows where, and how do we get it to local customers. So, already we've had several different educational series. Last year's modern ahupua` a series had thousands of participants throughout the year. Already we've had a request for new beekeeping workshops. We're having one next month. We're also doing a permaculture design course in November. It's a two-week intensive. This has all been a part of this effort to help those in lower Puna understand sustainability. We've also been very creative on our own campus of creating a nursery, which helps create starter plants and starter production food. We've also planted over 120 trees in the last year, on our campus alone, which are all production tress, and these are things we can then propagate and help our community to foster their own development and production. So our goals here are to help educate, through our classes, workshops, and retreats, but also to go out into the community and assist with development through our own staff and volunteers. MR. IL,AGAN: Thank you, Mr. Bates. MR. BATES: Thank you. MR. IL,AGAN: I also want to add in, that last term, working with R&D (Research and Development), I want to thank the Director, Laverne Omori, because we sat down with her. Because of the relationship that we had, once she heard what we were trying to do, she added in $5,000 for marketing, additional funds to get this out there. So I really appreciate R&D efforts, not only going through the way administrating the funds but adding additional funds last year. So, I really want to thank her for that help and support. MR. BATES: Can I comment on that, because was actually the foundation for punapermaculture.org. This is a website we started to be somewhat of a farmers' Facebook in lower Puna. The foundation is set because of that funding, and we are now working on the content. So that was a wonderful start, and we are more than grateful for that assisted effort. Page 6 Hawaii County Council -19 August 5, 2015 MR. IL,AGAN: Even though you hear "permaculture" a lot, the main issue that we're trying to address is food sustainability. That's really what we're trying to solve here, and this is just one step of that issue, so I just want to—of addressing that issue. So I just want to say thank you for taking that charge and working and making these workshops available for the public, and educating everyone about food sustainability. MR. BATES: We're proud to do so, and grateful for your help. Thank you. ACTING CHR. POINDEXTER: Thank you, very much. Any other discussion? Okay, seeing or hearing none, on Resolution 228-15, all those in favor say "aye." Vote on Res. 228-15: The motion to adopt Res. 228-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. ACTING CHR. POINDEXTER: So, we go back to page two of the agenda. Mr. Clerk, will you please read in Resolution 220-15? Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 220-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI `AUMAKUA SPORTS INC. FOR TRAVEL EXPENSES TO COMPETE IN THE WEST ZONE WORLD SERIES IN SAN JOSE, CALIFORNIA Transfers/appropriates $1,000 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 (Hui `Aumakua Sports Inc.). Reference: Comm. 374 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 220-15. Seconded by Ms. David. Page 7 Hawaii County Council -19 ACTING CHR. POINDEXTER: Council Member Paleka. August 5, 2015 MR. PALEKA: Thank you, Vice Chair Poindexter. Yeah, this is just some funds to help defer cost for Hui `Aumakua, which they did take second in this tournament. But in our efforts to support our sports teamI know we did pretty good this summer with a lot of teams going up there. But some of them do need some assistance, and I just seek your support in approving this resolution. Mahalo. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, all those in favor of Resolution 220-15 please say "aye." Vote on Res. 220-15: The motion to adopt Res. 220-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. POINDEXTER: Mr. Clerk, will you please read in Resolution 221-15? Res. 221-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO-HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE KE KIPI KALO — HAWAIIAN PERMACULTURE PROJECT 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 Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Ke Kipi Kalo — Hawaiian Permaculture). Reference: Comm. 375 Intr. by: Ms. Poindexter ACTING CHR. POINDEXTER: Yeah, at this time I'd like to relinquish the Chair to Council Member Eoff. Relinquish Chair: At this time, Acting Chair Poindexter relinquished the Chair to Ms. Eoff. Page 8 Hawaii County Council -19 August 5, 2015 ACTING CHR. EOFF: Okay, let the record show that I've assumed the Chair. Ms. Poindexter. Motion to Approve: Ms. Poindexter moved to adopt Res. 221-15. Seconded by Mr. Paleka. ACTING CHR. EOFF: Go ahead, Ms. Poindexter. MS. POINDEXTER: I have here Ben Tajon and David Sansone. I just wanted you to give a brief overview of what we're doing. And like with—Council Member Eagan said we're moving towards food sustainability, and I see your head shaking in the back when he's talking about that. So if you could make him happy, as well. (Note: At this time, Ben Tajon and David Sansone, representing Ke Kipi Kalo, came forward to address the members of the Council.) MR. TAJON: Awesome. Aloha, Council. Just wanted to first appreciate and show you gratitude for everything, and all the support that you've been showing us in what we've been trying to do in creating this permaculture project. Really what we're trying to do is overlap the lenses of permaculture and Hawaiian culture, because the thing really match and intertwine, and there's not really a lot of support for, well, not support but it's just not a whole lot of public outreach and education for that kind of programs. It's really—you know, I'm sure you guys are all aware about the food situation that we're in with the importing and all that kind stuff, and how we need to be more sustainable for ourselves and for our island. Not just for food security, but also like emergent preparedness. Like what LJ was saying, with what they did with Iselle and what's going on in Puna, the volcano, and all of that, we really need to be looking way more towards how we can provide for ourselves. We did it before, we can do it again. MR. SANSONE: Alright. Yeah, my name is Dave Sansone. Thank you very much for taking the time to consider this. Yeah, I'd just like to add. This has a great potential for developing scalable agroforestry systems for Hilo and Hamakua, and what that means is small models that can be made larger, so that works well for small family farms. It can also serve as a foundation for our local food security, if they're locally based, meaning that they're not dependent on all types of outside inputs. One of the nice things about this all is that in the process of addressing our food security through permaculture, which is kind of strange to hear that twice in one day here at the County Council. But one nice thing about it is, as we're doing that these practices actually improve, restore the health of the land, the water, and the people that are taking care of it, so it's a win-win situation. Page 9 Hawaii County Council -19 August 5, 2015 MS. POINDEXTER: Thank you very much. So, I'm just asking that the Council supports me and this resolution. Thank you. ACTING CHR. EOFF: Thank you. Any other discussion, Council Members? Seeing none, all in favor please say "aye." Vote on Res. 221-15: The motion to adopt Res. 221-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eagan, Kanuha, Onishi, Paleka, Poindexter, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. EOFF: At this time, I'll turn the Chair back to Ms. Poindexter. Relinquish Chair: At this time, Acting Chair Eoff relinquished the Chair to Vice Chair Poindexter. ACTING CHR. POINDEXTER: Okay, let the record show that I have assumed the Chair. On the fiveI was going to do a motion for the 5 -day holdover. But we have a lot of other contingency funds, so I was going to ask, maybe at a later point that somebody could just make that motion so we can do it all one time instead of doing it individually. Are we okay with that? Okay. So let's move to Resolution 222-15, Mr. Clerk. Res. 222-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND BIG ISLAND VETERANS TREATMENT COURT Transfers/appropriates $10,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits the same to the Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Friends of Big Island Drug Court, Inc.). Reference: Comm. 380 Intr. by: Ms. Eoff Page 10 Hawaii County Council -19 August 5, 2015 Motion to Approve: Ms. Eoff moved to adopt Res. 222-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Okay, thank you. I see Mr. Peter Kubota and, also, Prosecutor Roth here. I'd like to ask them to come forward; but before I do that, I just wanted to thank them for being here. Because the Veterans Court is a brand new opportunity here on the Big Island, I thought it would be worthwhile taking a little bit of time just to talk about it. (Note: At this time, Peter Kubota, President of Friends of the Big Island Drug Court; and Mitch Roth, Prosecuting Attorney, came forward to address the members of the Council.) MS. EOFF: So go ahead, you can introduce yourselves. MR. KUBOTA: Good morning. My name is Peter Kubota. MR. MAEDA: Can you put your microphone on? There you go. MR. KUBOTA: I'm President of Big Island—Friends of Big Island Drug Court. We are an organization that supports the actual Drug Court Program, so we're not Drug Court itself. Drug Court is a judiciary program that was instituted to divert non-violent first-time offenders out of the regular court system where they need extra help, and we are an organization that supports this program. MR. ROTH: Good morning, Council Members. My name is Mitch Roth, and I am the Prosecuting Attorney for the County of Hawaii. The Office of the Prosecuting Attorney strongly supports this project. Both Drug Court and Veterans Court, they both save lives and they save money. We just got back from a conference with Judge Nakamura, Judge Ibarra, and Judge Fujino, as well as the Public Defenders. As a team we went up there, because Drug Court and Veterans Court works as a team and it really makes a huge difference. Our Veterans Court just started this last year on this island. We're one of 200 and, I think, 60 in the nation at this time. For those of you who are not familiar with—Veterans Court operate similar to a Drug Court. It's a treatment court rather than trying to penalize; however, both Drug Court and Veterans Court are very difficult to get through. The reason why we're so supported of the Veterans Court, though, is that our veterans are the only members of our society who have paid to protect our freedom with a blank check, with everything up to their lives. A lot of them are coming back with very serious injuries, PTSD (Post Traumatic Stress Disorder), Page 11 Hawaii County Council -19 August 5, 2015 TBI (Traumatic Brain Injuries), and as a society we've done a terrible job in recognizing, and supporting our veterans, and this is a way for us to give back to our veterans for giving so much for us, and for that reason we whole-heartedly support this resolution. MS. EOFF: You want to add something? MR. KUBOTA: Council Members, Eoff, Poindexter, Paleka, and David are all familiar with the Drug Court and what the difference the Drug Court and what the Friends of Drug Court doing, and I'm not sure how familiar the rest of the members are. But really, you know, as Prosecutor Mitch Roth said, Drug Court is actually harder to go through than just going to jail, I mean, these guys are putting it down. But what happens is, when the patrons subscribe to participate in this program, they're being scrutinized more carefully, and they've got more contact with their Probation Officers and they have to meet certain bench marks and hurdles to move on towards eventually graduation. And what happens is when the Drug Court patrons put it down, their family and their friends, and their employers all come in and they help them because they see the individual making efforts themselves. The community comes in and helps them get through. And you guys have gone through graduations; it's like a high school or college graduation, where everyone comes out and a life is saved by the efforts of the Drug Court, and what these funds can do for our patrons. MR. ROTH: And just in case, people are wondering, well, how come you're taking—treating these guys so good? We know that the regular Criminal Justice System, our recidivism rate, the rate which people re -offends, we're about 60 percent. Our graduates from Drug Court have been about 10 percent, a little bit less than 10 percent recidivism rate; that means we have a 90 percent success rate. And if you grade something, a 90 is generally going to be an "A," a 40 percent success rate is generally going to be an "F," so it really does make fiscal sense and it makes sense in keeping our community safe and healthy by having these programs. It's great that the Council is getting involved to help in this, which is a state function; but really, it keeps our community safe and that's everybody's responsibility. MS. EOFF: Well, thank you. I've been a long-time supporter of Drug Court. I guess it was a couple years ago I attended a presentation by Judge Kubo, when he first proposed the idea for the Veterans Court, and I was very moved by his commitment to it, and I'm so happy that Judge Ibarra took it on. MR. ROTH: If I can, too, just recognize—we have Dan Kama, who is a veteran, but Dan Kama also was the person responsible for bringing Judge Kubo over to this island to get our Veterans Court started. If it wasn't for Dan, we wouldn't have a Veteran's Court. So I just wanted to recognize him. He's here today in the audience. Page 12 Hawaii County Council -19 August 5, 2015 MS. EOFF: Thank you. Yes, I'm also very committed to helping our veterans any way I can. So, thank you for letting me do this, and your non-profit for being involved, and thank you, the Prosecuting Attorney's office. MR. ROTH: Thank you. MR. KUBOTA: Thank you. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Council Member David. MS. DAVID: Yes. Aloha and mahalo. I am very excited that the Veterans Court is going to begin. I've been to Drug Court for the last, I think, 10 years that we've attended graduation. And I cannot express how meaningful Drug Court has made a difference in the lives of the people that do qualify. I mean, I work for the courts and I know how hard it is to get into Drug Court. When people do get in there, they have specialized care; because when they get back out into society, we create a better person. I really believe that the veterans deserve this benefit. They're been, not neglected, but they've been part of a society that the Veterans Administration would assist. But they do need extra help, and I'm really happy that your organization—and they have a separate program for them. So, I support this. I'm only sad that I didn't get a chance to give you any contingency money, too. But if the need arises, please come and see me. And mahalo, Mr. Kama. Thank you for starting this, it takes people like you. Thank you. Mahalo. ACTING CHR. POINDEXTER: Thank you. So you heard that, go ask her for money. Was open, I saw your eyes go wide. Council Member Chung. MR. KUBOTA: Thank you. Good morning. MR. CHUNG: Good morning, Peter, Mitch. Thank you very much for all you guys do. Mitch, you talked about the efficacy of the program, and of course I'm familiar with it, I have more than several clients who have gone through the Drug Court program. You know, I'm not familiar with the Veterans Treatment Court. Could you guys just maybe give us a little bit more background so I can understand this thing? I mean, I'm in full support, of course, but I'm just not really familiar with it. MR. ROTH: So, it's very, very similar to Drug Court. The primary difference, I guess, is you don't have to have a drug problem necessarily to get into Veterans Treatment Court. In fact, a lot of the people—we just came back from a National Conference. A lot of people who are in Veterans Treatment Court are there Page 13 Hawaii County Council -19 August 5, 2015 because of PTSD, and if you think about someone who's coming back from active duty, they often times, you know, little sounds are going to set them off. So they go away and they come back, and all they want is peace and quiet. Well, their family members, all they want is to have some attention, because they've had to live without having these people at home. So, you have situations where they're getting set off by their family members, and they may go and do something stupid, commit some crimes. They may be drinking, they may be committing property crimes, and they may even be committing domestic violence. It's kind of interesting. I went to this conference and I thought, "Wow, we're not going to let people with domestic violence," but we're seeing that there is a trend of domestic violence that doesn't start before but afterwards, and they need the treatment. A lot of times what we're trying to do with the treatment is, you know, get that Mental Health Services. We do a terrible job in the state for regular citizens with mental health problems. Veterans, you'd think that the VA (Veterans Affairs) and government would be taking care of those things, they're not doing a great job either. What we've seen with Veterans Court, is veterans have structure when they're in the military. When they come out of the military, there's no structure. By getting them back into a structured environment, they're able to heal, they're able to do better and prevent them from committing crimes. Without a Veterans Treatment Court, what happens, or without a Drug Court, they just keep on recidivating, committing different kinds of crimes. It could be theft, it could be all sorts of things. There are a strong percentage of those groups that has drug problems, so we're going to be trying to get them drug problems, mental health treatment. All different kinds of treatment. MR. CHUNG: So, they have to have committed a crime? MR. ROTH: They have to have committed a crime. MR. CHUNG: Okay. MR. ROTH: That's correct. MR. CHUNG: So I guess you talked about the recidivism rate. MR. ROTH: Right. MR. CHUNG: The Drug Court is being measured, so would that also be a measure for the veterans? MR. ROTH: Absolutely. Matter of fact, what we're seeing nationally, and the success rate in Veterans Treatment Court is much higher than success rate at the Page 14 Hawaii County Council -19 August 5, 2015 Drug Courts. And if you think about it, it makes a lot of sense; in the military, structure is drummed into them, and when you take away the structure they're kind of free falling. Having them come before a court, you'll see these guys. They'll stand at parade rest, which, I guess, the hands behind their back. They're listening to the court. They want the help; they just don't know where to get it, so we're helping them get that help. A lot of these people, just so the people understand, are going to be put on probation without this. Maybe not going to jail—some of them are going to jail. But they're going to probation, and they may be seeing a Probation Officer once every month or once every two months. With the Veterans Treatment Court, they're coming in weekly. And, as an additional benefit, they're also—we also have mentors, who are people who are veterans, who are helping these people on a regular, daily basis, keeping them on a straightened arrow. That's one of things that actually a little bit different than the Drug Court. We don't have—they have, I guess, mentors, what is it, sponsors but not mentors, that are going through with them the steps that they need to do, keeping them on line, keeping them focused to completing their goal. MR. CHUNG: Wow, wonderful. So, Mitch, you talked about us, as a community or the state not doing a good job in handling this mental health. MR. ROTH: I think as a nation. MR. CHUNG: Well, as a nation, yeah. But, you know, for state, we all know maybe about eight years ago the state had a huge cutback, right, in mental health funding, and that had a dramatic, negative impact on being statewide. But what can we do from the Council side and as a community to get things going again, in your opinion? And, Peter, you can chime in, too. MR. ROTH: What you're doing with this bill, that's a great start because we need a whole bunch of ideas. There's not one magic book that's going to solve these problems. A lot of the mental health stuff is a state function, but the support that you're giving is pretty huge. A lot of the problems that we're having are homelessness. How can we solve homelessness? You look at that, technically, a lot of those things are state issues. But we can't just say, "Ahh, that's their job." That's all of our jobs, whether you're a government worker or just an average every day citizen. We just had a talk last night in Kona, and I mentioned someone named Sir Robert Peels. Sir Robert Peels is the father of modern day policing. And what Sir Robert Peels said is, "The police are the public, and the public are the police." With the police being the only member of society that is paid to do what is incumbent upon every citizen, which means it's all of our responsibilities. Either giving through your churches or getting involved with non -profits, whether it be the Boys and Page 15 Hawaii County Council -19 August 5, 2015 Girls Club or what have you, we all have kuleana in here to make our community safe and healthy. So, I don't know if that answers your question. MR. CHUNG: I mean, yeah, it did somewhat. And I'm glad you segued into the homelessness issue, too, and you answered and you addressed it. So, I really do appreciate both of you being here, and Ms. Eoffs in this regards. So, thank you very much. MR. ROTH: Thank you. ACTING CHR. POINDEXTER: Council Member Onishi. MR. ONISHL Thank you. First, I wanted to just acknowledge Mr. Kama again because he was the spearhead of all of this. And he did come to my office, on like multiple different issues, right? But then this one, I guess, went—you never came back, I guess, or like after multiple meetings we had—if I can help you, let me know. Because the last one you came was about that Medical Center, right? That's the one you're trying to work on too, right now, right? So I need to let the public know that Mr. Dan Kama is really an advocate for the veterans, and trying to get them all these services. Thank you very much for all your help. Yeah, Sure. Yeah, come. You've got to come on mic. Come on mic, Mr. Kama. (Note: At this time, Mr. Dan Kama came forward to address the members of the Council.) MR. ONISHL You can introduce yourself first. MR. KAMA: My name is Dan Kama. I support my fellow veterans. There's a lot of things that's going on, and we're not getting any help. I have talked to Ron Han, Veterans Administrator, this morning. He called me, realizing that I was coming here today just to support Mitch. I want to make it short and to the point. We don't get help. We don't get help period. We can't wait. What I'm doing now, we're trying to get a Veterans Medical Clinic here. I've got the support. I'm not asking for money. We want your support, by signing a letter stating that you will support us; that's all. The money will come later. I have made the statement to the Congress people, and they all agree. Easy to talk, let's do the walk. That's all I have to say. I want to thank you. MR. ONISHL Thank you for all your hard work. Mitch, you also—like, I'm going to be echoing what Mr. Chung had mentioned, about funding, basically. And then, like he mentioned about the state, because we've been working with domestic violence, and a lot of the programs, a lot of funding come from them. Page 16 Hawaii County Council -19 MR. ROTH: Right. August 5, 2015 MR. ONISHL But because of, I guess, their own plan or their thoughts of how they can make things. What funding used to have back eight years ago got cut. They're not putting it back in, right? So maybe times where we need to get everybody, like our representatives from the federal government, from the state government, Council Members, and we've got to get a meeting. We've got to get everybody together and discuss how we can improve, I guess, our society, right and the problems that we're facing like homeless, mental health, and so forth right? Domestic violence—and like you mentioned, about how—like with domestic violence you folks see there's a difference because of how these people were, they're structured, right? Because coming from the military compared to other individuals who didn't go to the military, right? So that kind of like makes me think there could be something we could—make a program, right, to help out the other side of that people who are not in that military background, right? MR. ROTH: Right. MR. ONISHL And, so I don't know who would be the person, the front runner, to get everybody together. MR. ROTH: Little bit off topic, but I think one of the things that Councilman Onishi is doing is we have the Annual Domestic Violence Summit, which I think, it's coming up in September. That would be a perfect time to that, for domestic violence. I agree with you. We can't continue to just try to do this individually, it needs to be everybody working together. MR. ONISHL Yeah, I mean, because like for this Veterans Drug Court, it sounds so good, and it's proven with the other, right, with the state program? So, how can we get like maybe our congressional guys to help support? MR. ROTH: Interesting enough, like I said I just got back from Washington D.C. We had the conference on both Drug Court and Veterans Court at the same time. One of things that we did do is we sat down with our Congressional Delegation, and they were very supportive, although they told us that there's funding issues that they're battling through. The good thing about these courts is that there's bilateral support, and we can only hope that they're going to take action. MR. ONISHI: You know why, because for us Council Members we're lucky we have our contingency funds; that we can help with this program. But, you know, you look at our state representatives, our federal representatives, I mean, they don't have that, but then that's how they got to be more creative in trying to see how they can, with the budget or with programs—you know, like Federal, you Page 17 Hawaii County Council -19 August 5, 2015 can have one line item but you can attach all this different other funding, right, or to fund sources, right? So you just got to be creative, right? MR. ROTH: I could go on a whole—about the state not funding us for things that they should be funding us and putting it on the county, but MR. ONISHL Because like you just mentioned, too—because they support the program but there's no funding. But at least for us, we support the program and then we're trying to give them funding, too. And then, you know, that—also got to thank to the Mayor too because he's the one help us get the contingency funds back, right? Yeah, good work. And, Mr. Kama, thank you very much. And whatever I can help out, let me know. Thanks. MR. ROTH: Thank you. ACTING CHR. POINDEXTER: Council Member Chung. MR. CHUNG: Thank you again, Madam Chairman. And using a phrase by Mr. Roth, I'm going to go off topic. Just for a little while, if I could get some latitude? Mr. Kama brought up an interesting point, about getting support from this Council; and you said, "Not looking for money," and that always picks our interest when people say they're not looking for money. I always consider Mr. Onishi as being our intergovernmental relationship guy extraordinaire, and he's come up with a number of resolutions over, at least during the time that I've been here, that I've been impressed with him, has had a great deal of success. I'm just wondering, I'm not in the habit of creating more work for my colleagues or anything like that, but I'm just wondering; if, Mr. Onishi, you'd be willing to prepare a resolution supporting—in as much as you have this personal relationship with Mr. Kama already, that if you can work with him and prepare a resolution in support of whatever it is that he's looking for? I think that would be a strong statement by this Council. You're the perfect guy to do it. MR. ONISHL Yeah, sure. I can do that. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. First, I have some comments, but I want to go off -topic on the same subject before I go to the original topic I wanted to make a comment on. But if I could bring Mr. Kama up forward? Mr. Kama, we sat down and our office helped draft a support letter, what happened to that support letter? Page 18 Hawaii County Council -19 August 5, 2015 MR. KAMA: It has been moved forward. With that letter that you have given to meas an example, I created the Veterans Medical Clinic, like a Board of Directors. On this Board of Directors, the members they are well-known. I'm not going to mention any names, but they have one mind to support this Veterans Medical Clinic. So, I presented this letter to them. I say, "You don't have to use this letter, create your own letter." The bottom line is that sign your signature on it, and that was it. Does that answer your question? MR. IL,AGAN: Oh, yes. Because I remember when you were advocating for this center, and what I felt others were receiving from you was that it's so out of the box and your vision is not clear, and what I saw was a veteran who really wanted for other veterans. So, I'm a bit bias myself to veterans because I am a vet. I was enlisted in the Air National Guard, and I was in there for six years. So when Mr. Kama came, I tried to understand and tried in words, in a letter, try to capture his vision, and it took awhile but we finally got some wording to capture that, and we did our best to give you the support that you needed. We didn't take it all the way to a resolution format because I wanted to see what Mr. Kama would do with that, and how far it would go. But what Mr. Chung suggested, with Mr. OnishiI am in full support with Mr. Onishi drafting that resolution, and I just wanted to say that would be a great step. I don't have to be the one taking this on because I understand that we need everybody to be on this, and we need a non -veteran to be on this. So, I believe that Mr. Onishi is an extraordinary guy, when it comes to intergovernmental relations; and with him spear heading it, I feel like it's going to be more successful. So, I just want to show my support in this. Now at the same time, the Veterans Drug Court, I was not familiar with the Drug Court. It might be because I haven't walked in this earth for quite a long time, or maybe I've been avoiding the cops pretty well. But I just wanted to say I want to support the Veterans Drug Court, and I want to support the participants who reside in the Puna District; if it's possible, Mr. Kubota, to allocate. My dedication would be $5,000 for participants in the Puna area, who would be enrolled in the Veterans Drug Court. And the reason why I want to preference the Puna area is because that's the district I represent, and with these contingency funds, it's really supposed to be for the area that I represent, and I want to give them first preference before island -wide. Is that at all possible? If it's not, I'm still willing to support you island -wide. MR. ROTH: I'm not really sure if we're able to do that. However, I can tell you one of the things that we're having a big issue, a lot of our clientele from the Drug Court, and for this side of the island the Veterans Court, we know they're coming through Puna and we know the huge problems that we have is transportation; so one of the things that they're doing to help is travel coupons, taxi, bus, and things like that. The other thing is there are incentives and there's treatment that needs Page 19 Hawaii County Council -19 August 5, 2015 to be done. My guess is, if you gave a certain amount of money, a big portion of that money will automatically go to the Puna District participants. MR. KUBOTA: I'll echo that. We take for granted some of the very, very basic needs; like having transportation and having money to apply for GED (General Education Development) certificate, and stuff like that. If you look demographically across our island, right now there is 61 patrons from Kona side and 70 from Hilo side, and a large part of the Hilo side contingency will be from your district. We do provide transportation coupons and other assistance, just helps to alleviate the problems that people have from living in such remote areas. I don't think that there's a way to allocate for a district, but I do believe that the money will be spent a lot on some of your constituents in Puna. MR. IL,AGAN: Well, I just want to say thank you. Also, I want to encourage and support you in your efforts. You've been wonderful in providing the services. And I'll have my office contact you, once I get your contact information, and hopefully I can go do the paper work. And thank you, Council Member Eoff, for bringing this to our attention. Because the fact that you're giving the $10,000, it gave me awareness that there is this potential to give money to the veterans and I really appreciate that. Thank you. ACTING CHR. POINDEXTER: Thank you. Council Member David. MS. DAVID: Yes, one really quick question. So veterans in my district, like Ka`u, Na'alehu, Pahala, they would be going to which circuit, in Hilo or in Kona? MR. ROTH: That's a great question. It really depends on where. But I'll say this, we know that there are a lot of veterans that—because of the solitude of Ka`u, for example MS. DAVID: And Ocean View. MR. ROTH: —and Ocean View, all of Ka`u. There's people that are going there because they don't want human interaction. That's a big deal with PTSD. You'll see the veterans. I learned that a lot of times they'll sit in the back, by the door, so they can see everybody, and so they're going to those places. So I knowI think one of them—right now we have four, because we just got started, I think at least one, maybe two of them, come from Ka`u. MS. DAVID: Alright. So, I will be contacting you and giving you some money also. Mahalo. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Okay, seeing or hearing none, on Resolution 222-15, all those in favor say "aye." Page 20 Hawaii County Council -19 Vote on Res. 222-15 (Adopted) Recess: Reconvene Change Order of Business: Res. 225-15 August 5, 2015 The motion to adopt Res. 222-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. ACTING CHR. POINDEXTER: At this time, I'm going to take a brief recess and we're going to come back. I'm going to take out of order, since people were waiting for some time now, on Resolution 239-15. So, we're going to take a 10 minute recess. At 10:38 a.m., the Chair called for a recess. The meeting reconvened at 10:52 a.m. ACTING CHR. POINDEXTER: Okay. I'd like to call this meeting back to order. And at this time, before going to the 239. I was asked to take—Council Chair Kanuha has to leave shortly, so I'm going to take 222. Oh, our Clerk is not here yet. Sorry about that, I should of checked. Okay, so if we can take, Mr. Clerk, 222—is it 222? No, it's not. MR. MAEDA: 239? ACTING CHR. POINDEXTER: 225-15, please? As directed by the Chair and with no objection from the Council Members, the following items were taken out of order. 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID FOR COUNCIL DISTRICTS 6, 7, AND 8 Transfers/appropriates $2,500 out and from the Clerk -Council Services – Contingency Relief account (Council District 7); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Council Districts 6, 7, and 8). Reference: Comm. 383 Intr. by: Mr. Kanuha Page 21 Hawaii County Council -19 August 5, 2015 Motion to Approve: Mr. Kanuha moved to adopt Res. 225-15. Seconded by Mr. Onishi. ACTING CHR. POINDEXTER: Council Chair Kanuha. MR. KANUHA: Thank you, Madam Chair. Just mahalo for the consideration. I ask for your approval or your support. This is just basically for the citric acid vouchers here in Districts 6, 7, and 8, and hopefully we can keep those coqui frogs at bay. Just for the public's information, you can come to the West Hawaii Civic Center and talk to Scott, and he'll let you know how to get the vouchers and where it can be picked up. So, I ask for support and mahalo for supporting this program. ACTING CHR. POINDEXTER: Thank you, very much. Any other discussion? Council Member Onishi. MR. ONISHL Thank you, Madam Chair. Chairman Kanuha? MR. KANUHA: Yes? MR. ONISHL I wanted to ask him a question. ACTING CHR. POINDEXTER: Sure, go ahead. MR. ONISHL If you can help provide me funding for air expenses and car, next year I can go to HIS (Hawai`i Invasive Species) to find some grant money, maybe working with R&D and MR. KANUHA: Yes. Absolutely. MR. ONISHL Instead of you guys using your contingency funds we can use state funds to help battle the coqui frogs, how's that? MR. KANUHA: Any way possible to get rid of the coqui frogs we'll all do as much as we can, so I'll be glad to support you. MR. ONISHL Okay, thank you. Good to hear that. ACTING CHR. POINDEXTER: Within the United States. MR. ONISHL Of course. CHR. POINDEXTER: Are you going to stay within the United—okay, I'm just checking. Page 22 Hawaii County Council -19 August 5, 2015 MR. ONISHL But maybe can get some federal funds from Washington D.C., so maybe I can fly up there for couple of days, yeah? Thank you. CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, okay so on Resolution 225-15 all those in favor say "aye." Vote on Res. 225-15: The motion to adopt Res. 225-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. POINDEXTER: So now if we can take out of order 232-15, Mr. Clerk? Res. 232-15: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL (HCEOC) Provides $220,000 to HCEOC to supplement the operation of a Transmedia Accelerator Program. Reference: Comm. 390 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 232-15. Seconded by Mr. Onishi. CHR. POINDEXTER: Council Member Eoff. MS. EOFF: I think we've been supporting the Accelerator program for a couple of years now, and Research and Development has been very, very supportive. I know Mr. Cunningham is still in Kona, if anybody has any questions, but I heard just to continue to support them. ACTING CHR. POINDEXTER: Any discussions, or questions? Hearing or seeing noneoh, okay, Council Member Eagan. MR. IL,AGAN: Thank you. I know I missed the last one. But I just want to say how great this is, and I also want to thank Ilihia Gionson for bringing this up and Page 23 Hawaii County Council -19 August 5, 2015 really spearheading this program. I just wanted to give a "shout out" to him, because as the film commissioner I feel like he hasn't been given as much recognition that he definitely deserves. Thank you. ACTING CHR. POINDEXTER: Thank you very much. MS. EOFF: Madam Chair? ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: I'm sorry. I just wanted to add that if anyone has a chance when you're in Kona, you should go checkout their facility. I just went there recently and it's so exciting there. with what they've done. And we have this handout, too, that was given to us today. ACTING CHR. POINDEXTER: Okay. So any other discussion? Seeing or hearing none, all those in favor of 232-15 say "aye." Vote on Res. 232-15: The motion to adopt Res. 232-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. ACTING CHR. POINDEXTER: Motion passes. MR. KANUHA: Madam Chair? ACTING CHR. POINDEXTER: Yes. MR. KANUHA: Is okay—oh sorry, you're going to waive it later. Never mind. ACTING CHR. POINDEXTER: Yeah. So right now we're going to go to Resolution 239-15, Mr. Clerk. Page 24 Hawaii County Council -19 August 5, 2015 Res. 239-15: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE HAWAII REVISED STATUTES, FOR HUALALAI HEALTH, LLC, KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-010:061 Authorizes the County to exempt the West Hawaii Senior Living project from certain code requirements to help reduce the cost of producing the affordable housing portion of the project. The exemptions would defray the costs of certain building permit fees, remove the requirement for a use permit, and remove change of zone conditions relating to road improvements and fair share/impact fees. Reference: Comm. 401 Intr. by: Ms. David (B/R) Waived: HSSSC ACTING CHR. POINDEXTER: Council Member David. MS. DAVID: Mahalo, Chair Poindexter. At this time, I'd like to make a statement first. That given we ACTING CHR. POINDEXTER: Can we do a motion first then we can have a discussion? And then you can, if you want to do something with that motion after the discussion. MS. DAVID: Actually, I'm going to withdraw the resolution. Based on some of the testimony today and the legal issues that are pending, I don't think—in order to preserve all the party's rights, I'm going to withdraw it, and we can take care of those issues and address it. I don't want to go into discussion. ACTING CHR. POINDEXTER: Okay, so not even discuss it. There is no motion right now, so we're just withdrawing. MS. DAVID: No, I'm just going to withdraw it, based on the testimony and to preserve our rights. Withdraw Res. 239-15: Ms. David announced the withdrawal of Res. 239-15. ACTING CHR. POINDEXTER: Okay, so now we are just moving on because we don't have to vote on anything because it's withdrawn. MS. DAVID: Mahalo. CHR. POINDEXTER: So for the public clarification, Resolution 239-15 is withdrawn. Okay, moving back to our agenda. On page three, Mr. Clerk, Resolution 223-15, please. Page 25 Hawaii County Council -19 August 5, 2015 Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 223-15: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COOUI FROGS Transfers/appropriates $2,500 out and from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Coqui Frog Control). Reference: Comm. 381 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 223-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: I think Mr. Kanuha explained this. We've done it before, where the vouchers are available at West Hawaii Civic Center for coqui frog control. It was very successful the last few times we've put money together for this, so we're just going to continue to do what we can to eradicate. ACTING CHR. POINDEXTER: Thank you. Council Member Onishi. MR. ONISHL I just want to echo, what I mentioned earlier. I'll help you guys. We all can work together and get some grant from the HIS. ACTING CHR. POINDEXTER: There's more to come. MR. ONISHL Yeah, okay. I know. CHR. POINDEXTER: Any other discussion? Okay, seeing or hearing none, all those in favor of Resolution 223-15 say "aye." Page 26 Hawaii County Council -19 August 5, 2015 Vote on Res. 223-15: The motion to adopt Res. 223-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. ACTING CHR. POINDEXTER: Motion is approved. Resolution 223-15 is approved. Mr. Clerk, Resolution 224-15, please? Res. 224-15: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS Transfers/appropriates $3,500 out and from the Clerk -Council Services – Contingency Relief account (Council District 6); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Coqui Frog Control). Reference: Comm. 382 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 224-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member David. MS. DAVID: Thank you. Yes, Mr. Onishi, you can count me in. And I just needed to let my constituents know, in Na'alehu or Ka`u basically, that this program—in the prior programs awareness about the free voucher system was not well-known. So now that we're video streaming, I want to let my constituents know that they can come to the office and pick up vouchers; and the two places, I believe they can redeem them will be, one place in Hilo and at Al's Farm and Garden in Kona. So, thank you for your support. This will help the farmers a lot. Thank you. ACTING CHR. POINDEXTER: Thank you. Any other discussions? Seeing or hearing none, Resolution 224-15, all those in favor say "aye." Page 27 Hawaii County Council -19 Vote on Res. 224-15 (Adopted) August 5, 2015 The motion to adopt Res. 224-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. POINDEXTER: Let's go to Resolution 226-15, Mr. Clerk. Res. 226-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL THE COQUI FROG INFESTATION IN COUNCIL DISTRICT 5 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, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Coqui Control). Reference: Comm. 384 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 226-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Paleka. MR. PALEKA: This is just a supporting resolution. Another contingency relief appropriation, $2,000. So, come pick up your citric acid. And, please support. Mahalo. ACTING CHR. POINDEXTER: Thank you. Resolution 226-15, all those in favor say "aye." Page 28 Hawaii County Council -19 Vote on Res. 226-15 (Adopted) Res. 227-15 Motion to Approve: August 5, 2015 The motion to adopt Res. 226-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter – 8. Noes: None. Absent: Council Member Wille – 1. Excused: None. ACTING CHR. POINDEXTER: Motion passes. Mr. Clerk, Resolution 227-15. 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 1 Transfers/appropriates $2,000 out and from the Clerk -Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Council District 1). Reference: Comm. 385 Intr. by: Ms. Poindexter Mr. Onishi moved to adopt Res. 227-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Any discussion? Okay, Council Member Onishi. MR. ONISHL So, this is also—they can, I guess, rent out or to lease out the machines, like the sprayers? ACTING CHR. POINDEXTER: This is for the citric acid itself. The County has, from my understanding, the County has the sprayers. Like I know in my district, I think I have two sprayers out in my district. I know who has it, so when other people need it they kind of share it all in the district. So it would be contacting, I guess, somebody at the County who has the sprayers. So, I don't know who has sprayers in your district. Page 29 Hawaii County Council -19 August 5, 2015 MR. ONISHL Because I remember, I think, before HCEOC (Hawai`i County Economic Opportunity Council) used to take care of everything. They used to hold on to the sprayers, I think, and then you could just go there and then get everything. ACTING CHR. POINDEXTER: These funds is just to purchase the citric acid. MR. ONISHL Yeah, for HCEOC, right, so they can get that voucher or whatever? ACTING CHR. POINDEXTER: Yeah, so they can—you know, the buying power. They get it cheaper, so we go through them. MR. ONISHL Yeah. Right, right, right. And so, do people have to, just for the public to know, that's why, or they have to go to R&D? Oh here, Glenn Sako's coming. ACTING CHR. POINDEXTER: Okay. MR. ONISHL Good. Thank you, Glenn. Glenn? ACTING CHR. POINDEXTER: Can you come forward? (Note: At this time, Economic Development Specialist Glenn Sako came forward to address the members of the Council.) MR. ONISHL Just for the public's, I guess, information about the sprayers, so who do they go to sign up for the sprayers? MR. SAKO: Good morning, Council. Regarding the sprayers that are available through the county, we have a number of co-operators throughout the island, who have signed up and have agreed to make the sprayers available to people who want to use them. So, what has happen in the past is they would call the R&D office, I would find out what area they're located in, and then refer the appropriate co-operators, giving their contact information to them so that they can make arrangements to pick up the sprayer. MR. ONISHL Okay. And then R&D still continues to maintain it? MR. SAKO: The co-operators are required to maintain the sprayers on their own. However, I have been—allocated some small—some funds to help out with some major repairs. We've been trying to manage that budget so that we can try to help as many sprayers as possible. MR. ONISHL Okay. Well, thank you. Page 30 Hawaii County Council -19 August 5, 2015 ACTING CHR. POINDEXTER: Okay. Any discussions or questions? Okay, seeing or hearing none, for Resolution 227-15 all those in favor say "aye." Vote on Res. 227-15: The motion to adopt Res. 227-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Kanuha, Onishi, Paleka, and Acting Chair Poindexter — 8. Noes: None. Absent: Council Member Wille — 1. Excused: None. ACTING CHR. POINDEXTER: So, motion passes. MR. ONISHL Madam Chair? ACTING CHR. POINDEXTER: Yes? MR. ONISHL Since Mr. Sako is here, can we take out of order Resolution 231-15? ACTING CHR. POINDEXTER: Okay. Mr. Clerk, can you please read in 231-15? Change Order As directed by the Chair and with no objections from the Council Members, the of Business: following item was taken out of order: Res. 231-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7 Provides $450,000 to the Research and Development Department to implement the Coffee Berry Borer Pesticide Subsidy Program to assist coffee growers to purchase pesticides containing Beauveria bassiana to combat the coffee berry borer. Reference: Comm. 389 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 231-15. Seconded by Mr. Onishi. ACTING CHR. POINDEXTER: Council Member Eoff. Page 31 Hawaii County Council -19 August 5, 2015 MS. EOFF: I'll go ahead and yield to Mr. Onishi. ACTING CHR. POINDEXTER: Council Member Onishi. MR. ONISHL Thank you. Maybe, Mr. Sako, you can just explain. Because, I mean, Council Members, you guys must be kind of wondering we already passed this before and why is this coming back up again? So, Mr. Sako, please? MR. SAKO: Thank you. The purpose of this is that we received the funds from the state and now we need permission to enter into a contract with the state to allow them to conduct this program. We are working out the details with the state right now, but basically it's just to be able to authorize to enter into a contract with the state for this program to combat the coffee berry borer. MR. ONISHL Thank you for your explanation. So, hoping you guys can support it. Thank you. ACTING CHR. POINDEXTER: Thank you. Okay, any other discussion? Seeing or hearing none, okay, on Resolution 231-15, all those in favor say "aye." Vote on Res. 231-15: The motion to adopt Res. 231-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. ACTING CHR. POINDEXTER: Now, we're back—okay, we're back to page five. Resolution 229-15, Mr. Clerk. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 32 Hawaii County Council -19 August 5, 2015 Res. 229-15: 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 BIG ISLAND LIONS FOUNDATION FOR EDUCATIONAL PROJECTS AND EVENTS TO RAISE AWARENESS ABOUT THE EFFECTS OF ALCOHOL AND SUBSTANCE ABUSE IN FAMILY LIFE Transfers/appropriates $5,000 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 (Big Island Lions Foundation). Reference: Comm. 387 Intr. by: Mr. Onishi Motion to Approve Mr. Onishi moved to adopt Res. 229-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Onishi. MR. ONISHL Yeah, I just ask for your support. This is going to help with well, Akaka Falls Lions Club, they always help out a lot with different programs; so this will help provide funding for them to continue, I guess, some programs that they have, but also increasing other programs. For example, Mitch Roth had mentioned about that summit, that Domestic Violence Summit, so that some of the funds are going to be helping with that program—well, with that summit. So, asking for your support. Thanks. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none. So Resolution 229-15, all those in favor say "aye." Vote on Res. 229-15: The motion to adopt Res. 229-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. ACTING CHR. POINDEXTER: Resolution 230-15, Mr. Clerk. Page 33 Hawaii County Council -19 August 5, 2015 Res. 230-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR SIGNAGE EQUIPMENT FOR THE DEPARTMENT OF PARKS AND RECREATION Transfers/appropriates $7,190 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 Maintenance Equipment, Miscellaneous Equipment account (Signage Equipment) ($6,590) and Department of Parks and Recreation, Parks Maintenance Equipment, Computer Equipment and Software account (Computer for Signage Equipment) ($600). Reference: Comm. 388 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt 230-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Onishi. MR. ONISHL Okay, thank you. All the years I've always had contingency funds, I've always go to see the different departments, well, I shouldn't say all the departments but I usually go see Parks and Recreation because, you know, either if it's in recreation or if it's in parks they always need help because they're like one of theI guess, the children that not really paid attention to much too, right? So the thing is I always ask them, "What do they need help in," right? So with this purchase for them, they'll be able to do all our signs at our centers, in our facilities, at the park. You know those wooden signs that they have carved out, this is what this machine going help them out with. So, they don't have to go out anymore and they can do them in-house and they can get things done faster, right? So I encourage Council Members, my colleagues, to go and talk story with them, because you know, like, they need lawn mowers. You know, those riding—they have like aging ones. But I've talked to Director Honma last week, and I think they are purchasing one or two new ones. But if you look at every district, they have like very old machines and they break down; and so what happens is if they cannot cut the grass, like in the field, now instead of every like two three weeks, they're going have to come maybe like once a month or every six weeks or so, so the grass tall, people start calling us up, right? So in one way, if you folks can, you know, like I said, I encourage you guys to go talk to them and find out how you guys can help them out. I mean, because I've known where, Council Members, you guys got score boards. Mr. Paleka, I think last year or this past year you got the score board for Mountain View, right, which they were in dire need. Mountain View score board was a round circle one, with like up to eight minutes I think only. So if you had a 12 minute quarter, you had Page 34 Hawaii County Council -19 August 5, 2015 to go like four minutes down and then you had to add on after that. I'm serious. They had the old—so that's why, too, Director Honma, we should put that in one museum because that's theI think Pa`auilo before used to have that, too, but that's the last one that I think is on the island. Yeah, so if you guys can help, I mean that would be great. But please support this, thanks. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, Resolution 230-15, all those in favor say "aye." Vote on Res. 230-15: The motion to adopt Res. 230-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. ACTING CHR. POINDEXTER: Motion passes. So, now we move to page seven. Resolution 233-15, Mr. Clerk. Res. 233-15: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS Transfers/appropriates $6,000 out and from the Clerk -Council Services – Contingency Relief account (Council District 2); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Coqui Control). Reference: Comm. 391 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 233-15. Seconded by Mr. Onishi. ACTING CHR. POINDEXTER: Council Member Chung. MR. CHUNG: Thank you. Yeah, I wanted to point out this large amount in relation to all the other appropriations that have been made today, $6,000. That really is a function of the awareness of this district of this program, and it's a tribute to my predecessor, actually, J Yoshimoto, who really had an outreach in getting into the different community associations. So there's a need for it, and Page 35 Hawaii County Council -19 Vote on Res. 233-15 (Adopted) August 5, 2015 people are aware of the program, and also it's very affective. I guess the reason why it's so affective is, my district is a largely urban area so it's easy to control, and people can see the success of it, as opposed to like these rural areas. It's, like really hard, very difficult to see the success of the program. But here, you know, spray here and there, and then people actually enjoy quiet evenings in Hilo. But I just wanted to point that out, the large amount, and really thank my predecessor J Yoshimoto for all he did in this regard. Thank you. ACTING CHR. POINDEXTER: Okay. Seeing or hearing none, in regards to 233-15, all those in favor say "aye." The motion to adopt Res. 233-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Motion passes. Resolution 235-15. Mr. Clerk. Res. 235-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 100 FISHING ROD AND REEL KITS TO THE DEPARTMENT OF PARKS AND RECREATION Donated by S. Tokunaga Store, Inc., and valued at $2,499 to be used at the Ohana Fishing Tournament in August 2015. Reference: Comm. 394 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 235-15. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: I just like to say thank you to Tokunaga. ACTING CHR. POINDEXTER: Any other discussion? Council Member Onishi, go ahead. MR. ONISHL Thank you, Madam Chair. Yeah, I just wanted to echo that, too, to thanking Mr. and Mrs. Tokunaga for donating all this to us. Thank you. Page 36 Hawaii County Council -19 August 5, 2015 ACTING CHR. POINDEXTER: Yeah, because I know they've been doing this for years with this so thank you for acknowledging that. Okay, so on Resolution 235-15, all those in favor say "aye." Vote on Res. 235-15: The motion to adopt Res. 235-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Motion passes. Resolution 236-15. Mr. Clerk. Res. 236-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A TWENTY FOOT SHIPPING CONTAINER TO THE DEPARTMENT OF PARKS AND RECREATION Donated by S. Tokunaga Store, Inc., and valued at $6,000 to be utilized by the Skeet Club at the Hawaii Skeet Range to store tools, targets, and other miscellaneous items. Reference Intr. by: Waived: Comm. 395 Ms. Eoff FC Motion to Approve: Ms. Eoff moved to adopt Res. 236-15. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Will just say thank you again to the Tokunaga Store for all that they do for the community. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Council Member Chung. MR. CHUNG: Yeah, thank you. I've waited for this resolution to actually offer my thanks to the Tokunaga family. Mike and his father, and I'm assuming his grandfather before them, have always been great community partners, and this is just wonderful, what they continue to do. So, thank you to that family. ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, Resolution 236-15, all those in favor say "aye." Page 37 Hawaii County Council -19 Vote on Res. 236-15 (Adopted) August 5, 2015 The motion to adopt Res. 236-15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Motion passes. Resolution 237-15. Mr. Clerk. Res. 237-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN COMPREHENSIVE REVIEW PROCESS, RELATING TO MASS TRANSIT Proposes the following amendments to the General Plan: 1) If the Mass Transit Master Plan is completed in sufficient time, incorporate it into the General Plan update, and 2) Incorporate provisions into the General Plan to assure that Mass Transit policies and facilities are compliant with the Americans with Disabilities Act. Reference: Comm. 397 Intr. by: Mr. Paleka Waived: PC Motion to Approve: Mr. Paleka moved to adopt Res. 237-15. Seconded by Mr. Onishi. ACTING CHR. POINDEXTER: Council Member Paleka. MR. PALEKA: Yeah, this is just a resolution to adopt the Mass Transit Plan upon completion, should it be completed in a timely manner, into the General Plan, and also incorporates provisions into the General Plan from that product that becomes available after doing the Mass Transit Plan. So, I'm just seeking your support in approving this measure. Mahalo. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Okay, thank you. I want to thank Mr. Paleka for his follow-through on this idea that we've been discussing here for a while now, I think since during the budget time. I support this concept, and I'm looking forward to helping out with identifying the routes. ACTING CHR. POINDEXTER: Thank you. Council Member Onishi. Page 38 Hawaii County Council -19 August 5, 2015 MR. ONISHL Thank you, Madam Chair. Yeah, I just also want to thank Council Member Paleka. But also to Tiffany Kai from Mass Transit; the Mayor Kenoi, because like I said yesterday, they had called me up to ask me what did I want to see in the Mass Transit Master Plan, right? So part of it, what I wanted tc see, was that maybe in the future, like 50 years from now we might have to put in light rail. So if we do have that, then we should at least know where the stations are and that's how you can determine development, right, because then you look at the growth and so forth. So, I want to thank them and thank you. And I think this is how the process should be, instead of like yesterday's one, right, so that's why I mentioned that's what we had to look at. But, thank you. ACTING CHR. POINDEXTER: Thank you, very much. Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. I also want to thank Council Member Paleka for his spearheading of the Mass Transit Master Plan. As we are all aware that land came, regarding the baby boomers, and now we did the whole Drug Court regarding—didn't really—under—they started to become aware that basic necessities, like transportation, has become an issue. And Council Member Paleka has been doing a great job in trying to figure out all of the pieces of this puzzle and putting it together, so I just want to thank him for doing an outstanding job on that. ACTING CHR. POINDEXTER: Thank you. Council Member Paleka. Oh, Council Member David? Okay, then we'll close with Mr. Paleka. MS. DAVID: Thank you, Madam Chair. I just wanted to echo Mr. Paleka's diligence in putting forth this General Plan proposal. And, yes, I believe this is the method that we should be using and I thank him for that example. Mahalo. ACTING CHR. POINDEXTER: Thank you. Council Member Paleka. MR. PALEKA: I just want to thank you all for your support, and for Tiffany really responding. I think it's important that we include—what can at some times be our vulnerable portions of society? That's the elderly and the disabled that I really want to address, and it's been voiced a lot through our community. And echoing what my colleague Council Member Eagan has said, "Transportation is going to become a big issue," and that's why I felt so much and so strongly that infrastruction—whew, I just thinking of my grandfather. You know when because he was such a strong supporter, "Boy, just get them on the ground," and that's all I think about when I think about this issue. But, thank you again. Thank you for your support. ACTING CHR. POINDEXTER: Thank you, Mr. Paleka. Resolution 237-15, all those in favor say "aye." Page 39 Hawaii County Council -19 Vote on Res. 237-15: The motion to adopt Res. 237-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. August 5, 2015 ACTING CHR. POINDEXTER: Motion passes. Now we move to Bills for Ordinances (First Reading). Bill 62, Mr. Clerk. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 62: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 3, SECTION 6-3.4, OF THE HAWAII COUNTY CHARTER (2014), RELATING TO COUNTY BANDS Removes language specifying that bandmasters and band employees are appointed and exempt from civil service laws and classifications. Reference: Comm. 357 Intr. by: Mr. Onishi Approve: PWPRC-11 (Note: Comm. 357. 1, from Council Member Onishi dated July 27, 2015, transmitting proposed amendments to Bill 62, was circulated.) Motion to Approve: Mr. Onishi moved to pass Bill 62 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 11. Seconded by Ms. David. ACTING CHR. POINDEXTER: Council Member Onishi. MR. ONISHL Thank you, Madam Chair. Okay, at this time I wanted to amend Bill 62 with the Communication 357.1. Motion to Amend: Mr. Onishi moved to amend Bill 62 with the contents of Comm. 357.1. Seconded by Ms. David. MR. ONISHL And this is in regards to our discussion from the last committee meeting. Where, we should just strike out everything, and so that's what's happening. So we're taking all that, like the County Band and all that from, what Page 40 Hawaii County Council -19 August 5, 2015 you call, the Charter. Because what it says here, well, the only sentence that was in, it was "The county band shall be part of the department of parks and recreation for administrative purposes." The discussion was that it's already in there, so we don't need that to be left in the Charter. ACTING CHR. POINDEXTER: Okay, any other discussion on Communication 357.1? Okay. Soon Communication 357.1, all those in favor say "aye." Vote on Motion to Amend: The motion to amend Bill 62 with the contents of (Approved) Comm. 357.1 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. ACTING CHR. POINDEXTER: Okay, so Communication 357.1 is approved. Now we go to Bill 62, as amended with Communication 357.1. Any discussion? No? Okay. MR. MAEDA: We need a motion and a second for Bill 62. ACTING CHR. POINDEXTER: Oh, I thought we did—we had the motion, yeah? MR. MAEDA: I missed that. CHR. POINDEXTER: No, that's okay. And then the Communication 357 was motioned in by Council Member Onishi and also seconded by Council Member David, and then the vote was for 357.1. Now we're back to the main motion, Bill 62, as amended with the Communication 357.1. So if there's no further discussion, all those in favor say "aye." Vote on Bill 62: The motion to pass Bill 62, as amended to Draft 2, on Draft 2 first reading, was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. Page 41 Hawaii County Council -19 August 5, 2015 ACTING CHR. POINDEXTER: Bill 62, as amended, passes. We now go to Bill 63, Mr. Clerk. Bill 63: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO NNE 30, 2016 Adds the Public Works Kapi`olani Street Extension, Mohouli Street to Lanikaula Street project for $500,000 to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000). Funds would be used towards increased construction costs from unforeseen circumstances such as the discovery of unsuitable ground materials found while performing clearing, grubbing, and subgrade preparation work. Motion to Approve: Vote on Bill 63 (Approved) Reference: Comm. 362 Intr. by: Ms. Eoff Approve: FC -30 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Ms. Eoff moved to pass Bill 63 on first reading and adopt Finance Committee Report No. 30. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Council Member Eoff. MS. EOFF: Council Members, I just urge us to keep moving this forward. Thank you. ACTING CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all those in favor of Bill 63 please say "aye." The motion to pass Bill 63 on first reading and adopt Finance Committee Report No. 30 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill 63 passes. We go to Bill 73, Mr. Clerk. Page 42 Hawaii County Council -19 August 5, 2015 Bill 73: 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 Transfer from General Fund account ($6,706.26); and appropriates the same to the L6kahi Treatment Center account (Grant to the L6kahi Treatment Center – District 4). Funds would be used for the rental of office space in the Pahoa Village Center. Reference: Comm. 400 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 73 on first reading. Seconded by Ms. David. ACTING CHR. POINDEXTER: Any discussion? Council Member Chung. MR. CHUNG: Thank you. First of all, I want to thank and congratulate both Mr. Ilagan and Ms. Eoff for bringing this forward. But I had a question and it really relates to Ms. David's district, what is the State of Affairs of services in the Ka`u area? I mean, like L6kahi, other things? MS. DAVID: I believe L6kahi is out there, but I'm not really sure. MR. CHUNG: Yeah, I mean, I'm not too sure myself, but, you know, and maybe not just for L6kahi. As you guys know, I do a lot of work in the judicial system. As Dr. Wasson said, a lot of the services are court -driven, right? And I know for a fact that in the Ka`u area there's a great need, where people are having to go all the way to either Kona, or possibly Hilo, and maybe L6kahi's there, but for other things it's really, really tough. I'm not putting the burden on you, but I'm just saying that maybe that's something we should really look at because there's a huge need out there in Ka`u. MS. DAVID: Oh, yes. I think you're right, and how we address that is what I think we have to concentrate on. Because transportation, I know especially in Ocean View, it's really bad. MR. CHUNG: Right. Exactly. MS. DAVID: So I thank you for that, and I think we have to kind of work on this together as a body. MR. CHUNG: For sure. And I offer my assistance because I've seen what—and actually Mr. Maeda, he's seen it really up -close and personal too, the lack of Page 43 Hawaii County Council -19 August 5, 2015 services in that area and what the devastating affects it has on the families who's trying to put their lives together. That's really tough. MS. DAVID: Exactly. Thank you. ACTING CHR. POINDEXTER: Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. And just to add additional information about Lokahi Treatment Center, on their brochure they have numbers for Hilo, Honoka`a, Kohala, Kona, Pahoa, and Waikoloa, each individual contact information is on there and, of course, the services Integrated Substance Abuse and Mental Health Services. So, I just wanted to add that in. There's a lot more. I'm just just a snap shot, because that's what we're on, Bill 73. But I echo Council Member Chung's statement. And any support that I can provide to help for Ka`u, I'm there. ACTING CHR. POINDEXTER: Okay. So I'd just like to say that while working with Lokahi Treatment Centers, we had to close down the Ka`u office because of funding and the lack of funding. And, I think, at the state level, if we can all start chiming in with ADAD (Alcohol and Drug Abuse Division), the Drug Administration Division, and working with our congressional or our leaders at the federal level, as well. And what happened there, was just not enough funding to keep it open, as far as the over -head, because the expenses, the over -head expenses were the ones that were really difficult, especially in rural areas. I'm hoping we can get a lot of funding in the rural areas because that's where we're struggling. So anyway, I just wanted to share that. Okay, so Billoh, Council Member Paleka, did you want to say something? MR. PALEKA: Maybe I just wanted to add maybe if we could, at least part-time, you know, since they're going to have presence, I guess, in Puna, you know. Maybe we could—if they would need additional funding, I'm certainly willing, to—and just to have the services available in the Ka`u, and provide for transportation where they go to the need. I mean, it's just an option. Just a suggestion. ACTING CHR. POINDEXTER: Yeah, maybe working with Lokahi, like I think— Mr. Eagan, you worked with them. Maybe working with Mr. Eagan on how that happened, and maybe you could see what you could do to help in that area. Council Member Eagan. MR. IL,AGAN: Yes, I agree with Council Member Paleka, those ideas about transportation or part-time. And just to clarify the purpose of these funds, is actually for overhead regarding the rental space. And, at first, it was hard to Page 44 Hawaii County Council -19 Vote on Bill 73 (Approved) ORDER OF THE DAY (SECOND OR FINAL READING): Bill 64: August 5, 2015 figure out how to do that to our county's administrative system, because what department would actually front rental units, office space? At first I went to the County of Housing, and fortunately Administrator Susan Akiyama was willing to go above and beyond and work with me to make that happen, so that was the reason why I was able to even attemptto actually, successfully fund this overhead cost. So, I will definitely work with you and if you want to add in more resource for this service. ACTING CHR. POINDEXTER: Thank you, Council Member Eagan. Any other discussion? Seeing or hearing none, on Bill 73, all those in favor say "aye." The motion to pass Bill 73 on first reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Moving on to Second and Final Reading. Bill 64, Mr. Clerk. The Chair directed the Council to proceed to the next order of the business, Order of the Day (Second or Final Reading). 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 Mand 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 First Reading: July 24, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 45 Hawaii County Council -19 August 5, 2015 Vote on Bill 64: Ms. Eoff moved to pass Bill 64 on second and final reading. (Adopted) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill 64 passes. Bill 65, Mr. Clerk. 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 First Reading: July 24, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 65 on second and final reading. Seconded by Ms. David. ACTING CHR. POINDEXTER: Any discussion? Okay, Council Member Chung. MR. CHUNG: Yeah, thank you. You know, I wanted to congratulate Mr. Onishi. I don't know if the public knows, but Mr. Onishi was the person who actually secured this grant from the Department of Agriculture and talking with Scott Enright, so I wanted to recognize him for his efforts. I know he spends a lot of time over there in Honolulu trying to get things for us. Thank you very much. ACTING CHR. POINDEXTER: Thank you. Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. I know you have heard this many times, but I also want to congratulate you because you've been very great at this, and I just wanted to recognize you again. ACTING CHR. POINDEXTER: Thank you. Council Member Eoff. Page 46 Hawaii County Council -19 August 5, 2015 MS. EOFF: I, too, wanted to thank Mr. Onishi. This fire ant is a very serious problem for threatening our island. ACTING CHR. POINDEXTER: Council Member Paleka. MR. PALEKA: Yeah, I just wanted to also echo, thank you, Fresh, for securing the funds. And, hopefully, we can work on funding for our Ohia trees. MR. ONISHL We'll try. ACTING CHR. POINDEXTER: Okay. Any other discussion? Okay, seeing or hearing none, all those in favor of Bill 65 say "aye." Vote on Bill 65: The motion to pass Bill 65 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill passes. Bill 66. Mr. Clerk. 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 First Reading: July 24, 2015 Page 47 Hawaii County Council -19 Vote on Bill 66 (Adopted) August 5, 2015 Ms. Eoff moved to pass Bill 66 on second and final reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill 67, Mr. Clerk. 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. Vote on Bill 67 (Adopted) Reference: Comm. 370 Intr. by: Ms. Eoff First Reading: July 24, 2015 Ms. Eoff moved to pass Bill 67 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill 68, Mr. Clerk. Page 48 Hawaii County Council -19 August 5, 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. Reference: Comm. 371 Intr. by: Ms. Eoff First Reading: July 24, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 68 on second and final reading. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Any discussion? MS. EOFF: As you all know, this is a reimbursement and I'm glad we're seeing this back into the budget. And thank you, everybody, who were involved in working out the details for this FEMA (Federal Emergency Management Agency) money. ACTING CHR. POINDEXTER: Okay, Council Member Paleka. MR. PALEKA: Yeah, I just like to echo my colleague, Council Member Eoff's sentiment about the hard work, our Administration, Public Works, and all our County employees had done for getting that accomplished, but thanks again for getting this reimbursement from FEMA. And, just hope for your support. ACTING CHR. POINDEXTER: Okay, thank you. Council Member Eagan. MR. IL,AGAN: Thank you, Madam Chair. I guess there's no one here from Finance—but I just wanted toI know you're out there someplace. But I just want to say thank you for your hard work. Because I know this may look like it's just all forI'm not even actually too sure, but I believe this—the process of actually acquiring this funding was back and forth with FEMA, and it was a constant monitoring on top of everything else. With their regular responsibility and other issues that they had to do, this was something that they had to do. And it's not their regular job responsibility that they had to take care of the reimbursement, but because of them doing that, we got reimbursed quite a large amount, and 75 percent of the expenditures that were made, regarding Iselle. So I just want to really thank the Finance Department. Especially through Deanna Sako leadership there, and all the hard working employees, county employees that worked on this in the Finance Department, thank you. Page 49 Hawaii County Council -19 Vote on Bill 68 (Adopted) August 5, 2015 ACTING CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing none, Bill 68, all those in favor say "aye." The motion to pass Bill 68 on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Bill 70. Mr. Clerk. 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 First Reading: July 24, 2015 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 second and final reading. Seconded by Mr. Paleka. ACTING CHR. POINDEXTER: Is there any discussion? Council Member Chung. MR. CHUNG: Thank you. Bill, can you please come up? (Note: At this time, Assistant Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. CHUNG: I'm not going to take up too much of your time. You know, we had a very proactive discussion. I think it was in Executive Session last time. Page 50 Hawaii County Council -19 August 5, 2015 You know, I just wanted to state for the record, I've been looking over the Land Use laws, both state and county, and I'm not 100 percent convinced that we've exhausted all of our options, okay. I'm still going to support this today because it gives you guys certain wiggle room, yeah, to do things. But I just wanted to let you know that; perhaps maybe I'll come and talk to you about exploring some other possible options in resolving this. And that's all, I mean—because we have time, right? MR. BRIL,HANTE: Yes. MR. CHUNG: And you're the expert. I'm just going throw some things. But we can talk about this later. MR. BRIL,HANTE: Good morning, Council Chair, Council Members. William Brilhante, Assistant Corporation Counsel. You know, I appreciate that coming from you, Councilman Chung, and I'll be happy to meet with you anytime to discuss this matter. So, we can touch base after. MR. CHUNG: Sure. Thanks, Bill. Thank you very much. ACTING CHR. POINDEXTER: Any other discussion? Okay, seeing or hearing none, Bill 70, all those in favor say "aye." Vote on Bill 70: The motion to pass Bill 70 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. ACTING CHR. POINDEXTER: Bill passes. Council Member Paleka. MR. PALEKA: Yeah, I just wanted to make a motion to suspend Council Rule 15 for all of our contingency relief resolutions filed for this day, August 5, 2015. Page 51 Hawaii County Council -19 Vote on Motion to Suspend Council Rules (Approved) Mr. Paleka moved to suspend Council Rule 15 to waive the 5 -day day hold for reconsideration. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter – 7. Noes: None. Absent: Council Members Kanuha and Wille – 2. Excused: None. August 5, 2015 ACTING CHR. POINDEXTER: Motion passes. Now we go to Referrals for Executive Session. Mr. Clerk, do we read all of this in and then, I guess— MR. MAEDA: Make the motion for Executive Session. ACTING CHR. POINDEXTER: Yes, okay. Thank you. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS The Chair directed the Council to proceed to the next order of business, Referrals FOR EXECUTIVE for Executive Session. SESSION: Comm. 379: REBEKAH TAYLOR-FAILOR VS. COUNTY OF HAWAII; CIVIL NO. 15-00070 DKW-KSC From Deputy Corporation Counsel Jennifer D. K. Ng, dated July 15, 2015, requesting an attorney-client confidential discussion to consult with the Council a lawsuit filed on March 9, 2015, alleging that the County violates the constitutional rights of prospective employees. Comm. 403: BRENDA J. FORD VS. BOBBY JEAN LEITHEAD-TODD; S.P. NO. 13-1-52K From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated July 16, 2015, requesting an attorney-client confidential discussion to consult with the Council the payment of fees to Robert Kim, Esq., for services rendered in defending Environmental Management Director Bobby Jean Leithead-Todd against a lawsuit. ACTING CHR. POINDEXTER: Council Member Eoff. Page 52 Hawaii County Council -19 Vote on Motion to Enter Into Executive Session: August 5, 2015 Ms. Eoff moved to enter into Executive Session in order to hold attorney-client privilege discussion regarding Communications 379 and 403, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Ms. David and was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Onishi, Paleka, and Acting Chair Poindexter — 6. Noes: None. Absent: Council Members Ilagan, Kanuha and Wille — 3. Excused: None. ACTING CHR. POINDEXTER: We're now in Executive Session. Recess: At 11:55 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:21 p.m. ACTING CHR. POINDEXTER: Okay, calling this meeting back to order. Now we are on Communication 379. Yeah, can we just have you read it in again, Mr. Clerk? Thank you. Comm. 379: REBEKAH TAYLOR-FAILOR VS. COUNTY OF HAWAII; CIVIL NO. 15-00070 DKW-KSC From Deputy Corporation Counsel Jennifer D. K. Ng, dated July 15, 2015, requesting an attorney-client confidential discussion to consult with the Council a lawsuit filed on March 9, 2015, alleging that the County violates the constitutional rights of prospective employees. ACTING CHR. POINDEXTER: Can I have a motion to file Communication 379 and except the recommendations of Corporation Counsel? Vote on Motion to Concur (Approved) Ms. David moved to concur with the recommendation of Corporation Counsel regarding Comm. 379. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Eagan, Onishi, Paleka, and Acting Chair Poindexter — 7. Noes: None. Absent: Council Members Kanuha and Wille — 2. Excused: None. ACTING CHR. POINDEXTER: Mr. Clerk, can you read in Communication 403? Page 53 Hawaii County Council -19 August 5, 2015 Comm. 403: BRENDA J. FORD VS. BOBBY JEAN LEITHEAD-TODD; S.P. NO. 13-1-52K From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated July 16, 2015, requesting an attorney-client confidential discussion to consult with the Council the payment of fees to Robert Kim, Esq., for services rendered in defending Environmental Management Director Bobby Jean Leithead-Todd against a lawsuit. Motion to Concur: Mr. Paleka moved to concur with the recommendation of Corporation Counsel regarding Comm. 403. Seconded by Ms. David. ACTING CHR. POINDEXTER: Is there any discussion? Council Member Onishi. MR. ONISHL You know, I guess for the public's notice or information—and then also, right now, we being live stream so people wouldn't really know what the amount is, right? ACTING CHR. POINDEXTER: They know the amount because of—it's a public MR. ONISHL Yeah. But then people watching now, they might not have it in front of them. ACTING CHR. POINDEXTER: Oh, yes. MR. ONISHL Right. So I just wanted to kind of mention what the amount is that we're going to be just wanted to mention that. Because this is what we're going to be approving, right? So, like what was it? The $47,000, right, in expenses? Okay, thank you. ACTING CHR. POINDEXTER: Thank you. Any? MR. ONISHL Oh, I'm sorry. Legal Fees. ACTING CHR. POINDEXTER: Legal Fees, yeah. MR. ONISHL And cost. ACTING CHR. POINDEXTER: Yeah. Thank you. Okay, any other discussion? Seeing none, all those in favor say "aye." Page 54 Hawaii County Council -19 August 5, 2015 Vote on Motion to Concur: The motion to concur with the recommendation of (Approved) Corporation Counsel regarding Comm. 403 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Poindexter— 7 Noes: None. Absent Council Members Kanuha and Wille -2. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. POW DEXTER: I think we are all done with the business. May I have a motion to adjourn, please? ADJOURN- There being no other business, at 124 p.m., Mr. Paleka moved to adjourn MENT: the meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, (lagan, Onishi, Paleka, and Acting Chair Poindexter— 7. Noes: None. Absent: Council Members Kanuha and Wille -2. Excused: None. ACTING CHR. POINDEXTER: Okay, meeting is adjourned. Council Approval:_. SEP 07 2015 COUN CLERK SM/na/rk Page 55