Loading...
HomeMy WebLinkAboutMIN COUNCIL 2015/09/16 2014-2016 nd 22 Session 74-5044 Ane Keohoklole Highway, Building A Kailua- September 16, 2015 INVOCATION: Pastor Dean Stanley of Kona Baptist Church, CALL TO y Council was called to order at ORDER: 9:07 a.m., in the Council Chambers Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member (via videoconference from Hilo) Onishi, Member (came in later) Ms. Margaret Wille, Member Absent & Excused: Mr. Danny Paleka, Member CHR. KANUHA: Okay, Ms. Wille, may you lead us in the Pledge of Allegiance, please. PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Ms. Wille led the Council in the Pledge of Allegiance.) -22 September 16, 2015 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, Council Member Wille presented a Certificate of OF CONDOLENCE: Merit to Shiro Takaka.) Recess: At 9:20 a.m., the Chair called for a recess. Reconvene: Meeting reconvened at 9:22 a.m. (Note: At this time, Council Member David presented Certificates of Merit to members of O K Kakou, Inc.) Recess: At 9:24 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:26 a.m. (Note: At this time, Council Member David and Council Member Eoff presented a Certificate of Merit to Virginia Isbell.) Recess: At 9:37 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:40 a.m. (Note: At this time, Council Member David and Council Member Eoff presented a Certificate of Merit to members of the Kona Gold Senior Softball Team.) Recess: At 9:36 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:38 a.m. CHR. KANUHA: Okay, we are coming out of recess. Another awesome presentation, and congratulations to the Kona guys. Next up we have Statements form the Public on Agenda Items. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Karen Martinez: Res. 272-15 (Comm. 456), in support. Page 2 -22 September 16, 2015 Wil Houts: Res. 272-15 (Comm. 456), in support. Kealoha Sugiyama: Bill 78, Draft 2 (Comm. 422); Bill 37, Draft 3 (Comm. 231); and Res. 272-15 (Comm. 456); in support. Shirley David: Res. 269-15 (Comm. 499); and (Representing Community Res. 270-15 (Comm. 450); in support. Enterprises) Rachelle Moore: Res. 272-15 (Comm. 456), in support. Patty Cook: Res. 272 15 (Comm. 456), in opposition. Randy Riley: Bill 37, Draft 3 (Comm. 231), in opposition. Danny Castro: Res. 271-15 (Comm. 454), in support. (Representing Legacy Foundation & Joyce Folena: Bill 78 (Comm. 422); and Res. 272-15 (Comm. 456); support. Gregory Smith: Bill 78 (Comm. 422); and Res. 272-15 (Comm. 456); in support. Jessanie Marques: Res. 272-15 (Comm. 456), in opposition. Stephen Arnett: Res. 272-15 (Comm. 456), in opposition. Kalei Villacorte: Bill 37, Draft 3 (Comm. 231); and (Representing King Res. 272-15 (Comm. 456); in opposition. Kam Hotel) Veronica Eugenio: Res. 272-15 (Comm. 456), in opposition. Tammy Kealoha: Res. 272-15 (Comm. 456), in opposition. Geraldine Giffin: Res. 272-15 (Comm. 456), in opposition. Natasha Johns: Res. 271-15 (Comm. 454), comment. Island Pride) Page 3 -22 September 16, 2015 Mark Hinshaw: Bill 78 (422.3); in support; Res. 272-15 (Comm. 456); in opposition; and Res. 274-15 (Comm. 458); in support. Cyd Hoffeld: Res. 271-15 (Comm. 454); in support; and Res. 272-15 (Comm. 456); in opposition. CHR. KANUHA: Mahalo for your testimony. Before I call the next several testifiers, I need to take brief 10 minute recess. A 10-15 minute recess, we got to get our live- Recess: At 10:32 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:00 a.m. Charles Lipps: Bill 79 (Comm. 424), comment. Jak Hu: Res. 272-15 (Comm. 456), in opposition. Nancy Carr Smith: Res. 272-15 (Comm.456), in opposition. Riley Smith: Res. 272-15 (Comm. 456), in opposition. Joe Pierce: Bill 37, Draft 3 (Comm. 123.14); and Res. 272-15 (Comm. 456); in opposition. Paige Delima: Res. 272-15 (Comm. 456), in opposition. Alana Yamamoto: Res. 272-15 (Comm. 456), in opposition. Lawrence Caupos: Res. 272-15 (Comm. 456), in support. George Yokoyama: Res. 272-15 (Comm. 456), in opposition. Blaise DeLima: Res. 272-15 (Comm. 456), in opposition. Carol Fuertes: Res. 272-15 (Comm. 456), in opposition. George Handgis: Res. 272-15 (Comm. 456), in opposition. CHR. KANUHA: Mahalo, for your testimony. Page 4 -22 September 16, 2015 mony, and we can move on with our agenda, Council Members. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. KANUHA Resolution 274-15. Mr. Clerk, if you could read that in, and then through with the scheduled agenda. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item were taken out of order. Res. 274-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KALANI HONUA FOR THE PUNA RESILIENCY BLOCK PARTY Transfers $7,000 from the Clerk-Council Services Contingency Relief account County Resource Center account. The block party is scheduled for October 24, 2015, in Phoa Village. Reference: Comm. 458 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 274-15. Seconded by Ms. Poindexter. CHR. KANUHA: Go ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Who I have in front of me is Alexis Ching, and Alexis Ching has been organizing the Puna Resiliency Block Party. And I wish for her to speak a little more about it. Thank you. Go ahead. (Note: At this time. Alexis Ching came forward to address the members of the Council.) Page 5 -22 September 16, 2015 MS. CHING: Good morning, Council Members. Thank you, for the opportunity to oday about the Puna Resiliency Block P been doing, as co-principal investigator for the Puna Disaster Resiliency Study with UH-Hilo. For the past seven months, we have been interviewing Puna residents, and sitting in on neighborhood meetings regarding emergency preparedness to see how people were impacted, and how they coped with tropical th storm Iselle, and the June 27 lava flow last year. Some of the comments I heard repeatedly had to do with the wonderful show of community support, and response to the trauma of Iselle, as well as the need to be better prepared in the future. In regards to the lava flow, there was a lot to be said by residents and businesses alike, about the stress of a potential slow moving disaster. The Puna Resiliency Block Party will be a community building event, held in Phoa. To celebrate the resilient spirit Puna residents showed while facing th the many challenges from tropical storm Iselle, and the June 27 lava flow. This event is not only a celebration for the residents of Puna, but an opportunity to expand on the growing sense of community, that came about from facing challenges posed by these natural disasters, to foster community ties, we want to invite schools to participate, as well as neighborhood groups and associations, and many community organizations, to have a booth and bring awareness, to work there doing in Puna and services they offer. Most of these groups were active in the rehabilitation of Puna after Iselle, and continue to offer support during the time of the lava flow. To continue building a resilient community, there will also be a strong component of an emergency preparedness with community organizations, that have evolved to address disaster preparation and relief, along with the presence of agencies like CERT (Community Emergency Response Teams), and American Red Cross. We will use main street, Phoa Village Road, and the Akebono parking lot, as the event venue, because we want to put a spot light on Phoa town, and its businesses. The media will be invited to come on out, and revisit Phoa post lava alive. With the Council support, the Puna Resiliency Block Party will strengthen Puna, show that the community is still here, and that our people cannot only coexist with nature, but adapt and thrive. Thank you, very much for your time. MR. ILAGAN: Thank you, Alexis. And I just wanted to ask the Council support in this contingency fund. And I just want to thank Kalani Honua, as the fiscal agent for the Puna Resiliency Block Party. And thank you Alexis, for organizing this event. MS. CHING: Thank you. Page 6 -22 September 16, 2015 CHR. KANUHA: Mahalo, Mr. Ilagan. Council Members, any discussion? Vote on Res. 274-15: The motion to adopt Res. 274-15 was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk MR. ONISHI: Mr. Chair? CHR. KANUHA: Yeah? MR. ONISHI: Can you take out Bill 79? CHR. KANUHAthrough a few of these MR. ONISHI: I want to make a motion to just postpone. CHR. KANUHA: Yeah, we have a few members in the audience for several other items. So Mr. Clerk, can we do Resolution 269. Return to Order The Chair directed the Council t return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Res. 272-15 was taken up previously, out of order.) Page 7 -22 September 16, 2015 Res. 269-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES TO PAY FOR ADVERTISING AND Transfers $5,000 from the Clerk-Council Services Contingency Relief account County Resource Center account. Forums are held monthly. Reference: Comm. 449 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 269-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Ms. Eoff. MS. EOFF: supporter of the Community Enterprises and together, and they provide a forum for discussion on issues that are very important to all of us on the island basically. So lately they been using this venue, the CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Ms. Wille. MS. WILLE: Yeah, I just want to thank you too, for all you do. I will be providing some money for this, and Community Enterprises is going to sort of so, bringing the public, d can participate in a more informed fashion. Thank you. CHR. KANUHA: Thank you. Any other discussion? Okay, hearing or seeing Vote on Res. 269-15: The motion to adopt Res. 269-15 was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. Page 8 -22 September 16, 2015 CHR. KANUHA: Motion passes. Next resolution. Res. 270-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES TO PAY FOR VARIOUS OPERATIONAL EQUIPMENT, EXPENSES, AND SUPPLIES FOR COMMUNITY FORUMS Transfers $2,000 from the Clerk-Council Services Contingency Relief account County Resource Center account. Forums are held monthly. Reference: Comm. 450 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 270-15. Seconded by Ms. Eoff. CHR. KANUHA: Ms. David. MS. DAVID: Yes, thank you, , and relatives. I just wanted to disclose that, and taking Community Enterprises out to South Kona. So we can reach the rural districts out there, and have different issues presented to the community, and get input. So I thank you for that, and I wholeheartedly support your efforts. Mahalo. CHR. KANUHA: Thank you, Ms. David. MS. DAVID: Oh, and I would like to have support of the Council also. Thank you. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Okay, hearing or seeing none, all in favor say Page 9 -22 September 16, 2015 Vote on Res. 270-15: The motion to adopt Res. 270-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next resolution. Res. 271-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED LGBT LEGACY FOUNDATION TO ASSIST WITH EXPENSES RELATED TO THE THIRD ANNUAL LGBT PRIDE PARADE AND FESTIVAL Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 454 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan move to adopt Res. 271-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to say, I asked my colleagues for the support. And I also want to thank Council Member Paleka for supporting the Pride Parade. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Okay, hearing or seeing none, all Page 10 -22 September 16, 2015 Vote on Res. 271-15: The motion to adopt Res. 271-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Onishi, would you like to do the rezoning one now? Okay. Mr. Clerk, can we do Bill 79? Change Order As directed by the Chair and with no objections from the Council Members, of Business: the following item were taken out of order: Bill 79: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL THREE ACRES (A-3a) TO RD FAMILY AGRICULTURAL ONE ACRE (FA-, -5-024:078 (Applicant: Charles E. Lipps, Jr., and Janet S. Lipps Trust) (Area: 3.039 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for the subdivision of the property into two lots. The applicant states that the makai lot would be conveyed to a family member to build a residence. Reference: Comm. 424 Intr. by: Mr. Ilagan (B/R) Negative: PC-25 (Due to a vote of 2-ayes, 6-noes, 1-absent) (Note: Comm. 424.1 from applicants Charles and Janet Lipps dated September 11, 2015, requesting Bill 79 be postponed, was circulated.) Motion to Approve: Mr. Ilagan moved to pass Bill 79 on first reading and file Planning Committee Report No. 25. Seconded by Mr. Onishi. CHR. KANUHA: Before I give thecall on the Council Member, I just wanted to refer everybody to Communication 424.1 from the applicant. If the Council Page 11 -22 September 16, 2015 MR. ILAGAN: Thank you, Mr. Chair. Just to Chair. Motion to Postpone: Mr. Ilagan moved to postpone Bill 79 and to the call of the Chair. Seconded by Mr. Onishi. CHR. KANUHA: Any discussion, Council Members, on the postponement? Ms. Wille. MS. WILLE: Well I appreciate the effort to postpone, and try to work and address our concerns; and work with the Planning Department. You know, I think that this all had to do with agriculture and promoting that on the lot. But we and be consistent with the CDP (Community Development Planning) and our plan, what the requirements are, so I appreciate it. I will support it. CHR. KANUHA: Thank you, Ms. Wille. On the motion to postpone Council Members, any other discussion? Okay, hearing or seeing none, all in Vote on Motion to The motion to postpone Bill 79 to the call of the Chair was Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Again, Bill 79 is postponed to the call of the Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 272-15: REPRIMANDS MAYOR WILLIAM P. KENOI FOR USING HIS GOVERNMENT PURCHASING CARD (PCARD) FOR PERSONAL USE Reference: Comm. 456 Intr. by: Ms. Wille Waived: FC Page 12 -22 September 16, 2015 Motion to Approve: Ms. Wille moved to adopt Res. 272-15. Seconded by Mr. Chung. CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLE serious violations, of the use of public funds over a period of years. Some of which was not paid back, until after this became public. But, second and really importantly to me, was the administrat of those expenditures, despite repeated requests by the press. And third, the Board of Ethics action to defer this matter, and this matter for them being whether there was an actionviolations of our Ethics Code. They did that to defer until after the Attorney General conducts its criminal investigation. And I think one of the problems I see both for the public, and also for the Board of Ethics is, what is reviewing of a criminal violation, letting the BHE (sic) do that. know, violation of our Ethics Code, and that Mayor Kenoi has done a great deal of good all around the island, and he should be commended. I ask is for that reason should he be above reproach, if there are provisions of the Ethics Code that were violated. Basically, I see that he apologized, he has now paid back the money, calls and and I feel if there is a statement and action by the County saying yeah, we realize and this is a statement of disapproval of that. And that nobody is above the law. That nobody is above reproach. I did first bring this as a communication, so that it was really just, we could talk this as a resolution. And if any of you have any questions about the situation with my P-card, as far as I was concerned it was retaliatory, and that it was for errors in documentation or one thing or another. But if anyone has any questions, I would be happy to answer it. So I want to move on. t. s basically been said, in terms of the use of the P-card our County is elected officials. The Prosecutor, he deferred it. Then we have the I know I been told, been anything, so I want to move on. Page 13 -22 September 16, 2015 know, we all it is appropriate for us to do. And I respect how ever the re going to argue this matter. CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter. MS. POINDEXTER: Yeah, and I respectfully disagree with Council Member Wille, you know, with no disrespect. But you know, testifiers stated it and it was so perfectly said that, you know, the system is broken. We need to fix it. And I think what Council Member Ilagan did was the proper way for this Council to handle it. Is he did it through policy. You know, if somethings broken fix the rules, fix the policy. And I think that was the way to go, I think this way is not appropriate, like some other testifiers also said, this is not the appropriate venue. You know, as far as the Attorney General and their investigation, one testifier said we want this to go through, because their taking too long, you know, this criminal investigation. B and I have always said this b going to hold to that. As far as statements made from P you of that. I am totally not. I want to respect the due process that a lot of people talked about. Many testifiers also talked about compassion and forgiveness. And that who we are in this want to attracted to the culture, and the heritage, that is perpetuated by compassion and We truly have the opportunity to hold on to what we have here on this beautiful island we So remember that, and I say respect the due process. I agree with all of the this is liketo me this resolution is a fire starter, getting out there, getting people to fight against each other, breaking up the community. Instead of us being a supposed to be doing. Building healthy and safe communities. So thank you, I am not voting for this resolution. CHR. KANUHA: Thank you. Ms. David. Page 14 -22 September 16, 2015 MS. DAVID: Mahalo, Chair. I for one, sitting here and listening to 20 people come in and express their sincere feelings about the process, and how it is not our role, I totally agree. From the beginning my position has always been, this is a jurisdictional matter, and I respect the law, and I respect that our job as legislators are to uphold that process. So for me to just listen to the contents, or to read the contents of this resolution, I feel it affects the due process. That the Mayor, just discussing all of these issues and all of these s entitled to. Another thing I think, and I will not be supporting this resolution either, and for all the reasons that the testifiers have very articulately expressed my feelings about this matter. I need to remember that our role is as legislators in bringing creating laws to benefit our community, and this is definitely, in my opinion, not our role. And personally I think when we speak aloha, we have to do aloha. So for those personal reasons, I feel this is not an appropriate resolution, and I will not be voting for it. And mahalo, for all the testifiers who have supported this intention. So aloha, mahalo. CHR. KANUHA: Thank you. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. And just to be clear for the record. I do not P-card for anything, but a public purpose. But I also do not agree that it is our job to reprimand the reprimand the Executive Branch. The Council has no authority to reprimand, our job is not fact finding or investigating this case. We are policy makers. So at this time, the City Attorney General, and the Board of Ethics, are the appropriate formally offer up a reprimand, or discipline, in any sense. complete their investigation, but right now what can we do? We can put in tighter controls, and we have an item on our agenda today that is trying to do just that. is appropriate. We to tighten up language in the Code to clear up vague areas per the recommendations of our Legislative Auditor. for us to vote on. But if I can vote to pass a resolution that could even interfere with an ongoing process. And as other testifiers have stated, even better than I could, I appreciate that this Mayor has taken leadership in many areas that had shown to be a benefit to our Page 15 -22 September 16, 2015 island. We have brought the east side, functioning as a whole island. And not that it has anything to do with what is being investigated, I know that is separate, but I just wanted to say that I do appreciate Mayor Kenoi as having been a strong Mayor and a strong leader. Thank you. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Oh, thank you, Mr. Chairman. You know, I was quoted in the newspaper as saying serval things. First of all, I said that I would have never introduced something like this, and I also said that n the habit of scolding adults. I mean what I told the , that, you know, we all have to hold ourselves to a higher standard whether we like it or not. And in saying that, I stated that from my review all of the recitals that were way I can vote against ot our role. I I believe are not really within our purview, And my change in vote, cert ng wrong, we cannot be enablers, because he did wrong. Ms. Eoff said it, I think someone else have apologized, you only apologize when you do wrong, right? A changing what I had said in the newspaper, because of all the many projects that he did. What brought everything home to me wasfirst of all I was thinking in terms more analytically, you know, almost like an atom-a-thon, I got to think about this No big deal, no harm-no foul, I mean you know, he can do whatever he wants with this reprimand. But then when I really thought about it, what kind of values do I represent? And actually Carol Fuertes really brought it home for me. Who do . You got to think about this, , I think Ms. Poindexter said, throw stones at people. Also I was brought up learning that If fact Page 16 -22 September 16, 2015 was all about, all of this time. Although I see some people, seem to have a different value set, they want to for really. You know, I said this has nothing to do with all the projects he did, but e doing is casting a no- And I think some people have, kind of touched upon it by inference brought the island together, you know, he has a great inspirational speech to college students, youngI mean his value to young people on this island and the State, can peffice for a long, long time. you could just give me some latitude, since I did say, I was probably going to vote e Herald. It was that, you know, the famous three monkeys, right? The hear no evil, see no evil, speak no evil, and then Ms. Wille, champion. No offense. The inference was that the County Council is just turning a blind eye, and not doing anything to it. B and maybe this is a criticism towards Ms. Wille my colleague, but if this is the best that she has in the way of being a champion, then I say it just validates what everyone else on this Council was doing. We recognize that the Mayor did wrong, nobody can condone that, but we also said, we got bet a lot of people here said, we got to keep out eye on the ball. We got a lot more pressing problems on this island, then to be dealing with something like this. And he apologized If kind of bringing a tear to my eye this whole matter even address this quite frankly. You know, the Mayor, is probably not in a real that we have as human beings is hope. I humanity going probably the most dynamic speaker that this island has ever had. When all of this blow audience about this whole episode t is going to just be something pire people more. You know, I ng to be voting no against this. Thank you. Page 17 -22 September 16, 2015 CHR. KANUHA: Thank you, Mr. Chung. Council Members, Mr. Onishi. MR. ONISHI: Mr. Chair, can I have permission to address Ms. Wille? CHR. KANUHA: Yes. MR. ONISHI: Okay. You know, Ms. Wille, you mentioned about in your early comments about your situation. I want to give you maybe like couple minutes to explain what happened in your situation, of you being removed from your P-card. MS. WILLE they were basically concerns about inadequate documentation. Such asI think the first one that was brought up to me, was purchasing a first class ticket, rather than an economy ticket. And that was, because the first class ticket cost more than the economy ticket, and not having thatthat I should of done, further documentation of that. They all have to do with documentation. There were not havinggotten the written authorization, before usingdoing the expenditure, getting thewhere I thought I had verbal approval from the Chair. And not having written approval from both the Chair and Stewart. From gettingsubmitting for example a invoice, where it was written on a pastry bag, rather than being done on a full invoice, because I was at the There were a lot of I think all documentation issues, or whether I had all the approvals done in advance. MR. ONISHI: So you knowbecomingbeing elected, you came on the Council we do have the protocol about going through those workshops to make proceed, on purchasing products or services. So you knew all that, correct? MS. WILLE: No, not necessarily. MR. ONISHI: So you did MS. WILLE: I certainly on theI was always doing itwhat was save the County the most money. MR. ONISHI: No, I understand, but then there is a policy where we need to submit like prior approvals of purchasing things or going on a trip. And like you said, that you had verbal communication? MS. WILLE: Yeah. MR. ONISHI correct? Page 18 -22 September 16, 2015 MS. WILLEsuppose to fill out? MR. ONISHI: Yeah, and so to me, if not going to follow the rules, like in other situations, then I can see why maybe they did take away your card. MS. WILLE: deserve taking my card MR. ONISHI: Right, but then, so now MS. WILLEI think that it was done in retaliation. I think that it was MR. ONISHI: Well, okay. MS. WILLE MR. ONISHI: No, but then why you just wanted tobut the point is that, you with your problem, within the Chair get involved in the people who vote for you. MS. WILLE: Right, right. MR. ONISHIus Council Members, coming up with something saying okay, we want to find out one investigation on what happen with Ms. Wille, right? MS. WILLE MR. ONISHI: No, no. MS. WILLE: MR. ONISHI going curving, and okay, sometimes I do, and sometim My next thing is about this resolution is that, you know, you have a lot of information. My question is where did you get all that information? Did you do your own investigation, or did you likebecause lot of things I read here might of tion to you. Page 19 -22 September 16, 2015 MS. WILLE: Which in specific? MR. ONISHI: Well, your whole thing though. Basically the whole resolution on the first page. MS. WILLE: I MR. ONISHI: Well, you mentioned about like the Mayor apologizing. MS. WILLE: Yeah, I watched him on TV apologizing. MR. ONISHI: Okay, okay you haveyou making about what he spent, you make a comment about our Finance Director, did you get to talk to the Finance Director? MS. WILLE: No. I heard that in the press, that was MR. ONISHI: Right. MS. WILLE: What Crawford said. MR. ONISHI: Okay. MS. WILLE: I believe that it was MR. ONISHI done, right? And so to me when you do a mentioned, or even Councilman mentioned about our jurisdiction. And sometimes I think the Council Members, and I been here for like seven years, we over suppose to be leading everything. But you know, like sometimes it might be like a Federal jurisdiction, or it might be a State. inst home rule, because you need to really look over, where we are. So to me if you want to do this kind stuff, you need to change the Charter. Like we change the Charter saying where the County Council has the authority to be the mother hen, and watching all County Employees. Then fine, then we have the authority, then we can do maybe something like this. But if you look at the Charter, we do not have any jurisdiction. So to me, which was quoted in the paper, I think this is political. And through my seven years on the right, on the front page of the newspaper, and so to Page 20 -22 September 16, 2015 is our jurisdiction? MS. WILLE: Okay, I did research that, I do think we do have the jurisdiction. And if I felt that the Ethics Board, were doing anything competently then MR. ONISHI: No, but MS. WILLE: Let me just finish. MR. ONISHI: Well I have the floor but MS. WILLE: CHR. KANUHA: Yeah. Mr. Onishi, you have the floor, after I can have you respond to Mr. Onishi. MS. WILLE: Okay. MR. ONISHIa question comments. B. Okay, they went through their process. They said that they wanted to wait until the investigation is over. This whole thing was brought up to the Prosecutors, correct? This is a question to you. Correct? MS. WILLE MR. ONISHI: Okay, the complaint, right? It went to the Ethics and then somehow it went to the Prosecutors Office, correct? MS. WILLE: It went to the Prosecutors Office, and the Board of Ethics. MR. ONISHI: Yeah, and then the Prosecutors referred it to the Attorney MS. WILLE: Yeah. MR. ONISHI: Okay. So the Board of Ethics said that they wanted to I guess postpone until the i correct? MS. WILLE MR. ONISHI: You never know. Page 21 -22 September 16, 2015 MS. WILLE: Yeah, yeah. MR. ONISHIthat you feel that there might be a cover-up. MS. WILLE: -up. MR. ONISHI: No, but MS. WILLE: I feel there should be some action on the part of the County, so we MR. ONISHI: Yeah, because MS. WILLE: And I want to move on, just as long as everybody else wants to move on. MR. ONISHI: But then when you bring up one resolution like this, you not moving on. MS. WILLE: I believe that it is for me. MR. ONISHI: Because if you look at this, all the information that we have here, is basically what we all read in the newspaper. MS. WILLE: Or in the CHR. KANUHA: Okay. Mr. Onishi, I just want you to finish your comments, so we can MR. ONISHI CHR. KANUHA: Okay, thank you. Mr. Ilagan, did you have any discussion points? MR. ILAGAN: Yes, thank you. Well I was thinking about this, and I what I really want to say, first part is our authority, and the second part is the claims that has been made regarding the Mayor. Let me just first address the authority, because we have separation of powers, we have the Executive, Legislative, and Judicial. And the premise of the separation of powers, is that when a single person or a group has a large amount of power, they can become dangerous to citizens. And the separation of powers is a method of removing that amount of power in any groups hands, making more difficult to abuse. Page 22 -22 September 16, 2015 this out, because I feel this really puts the reason of our authority due to the separation of powers. And if a single group shared all three powers, it would have unlimited power. They could specify any law arresting the criminal, and then deciding that they are guilty. The Judicial Branch has the ability to decide, the guilty of party allowing punis Branch. The Legislative Branch has the ability to act laws, and the administration the Executive side has the ability to e the guilt. I have my own opinion on what the Mayor did, and I believe what the Mayor did was wrong. I myself wanted to prevent that type of action, by not opting out for a P-card. And when I was elected, I did not enroll into the P-card, I use my personal funds first to pay for it, and claim for reimbursement. But I feel with this resolution s not my place to be claiming guilty. The Attorney General, the Judicial Branch, has that role, and we should respect the separation process, by making a motion to postpone Resolution 272-15 indefinite. Can I have a second? CHR. KANUHA: t read the wholepostpone indefinitely? Is there a second? Sorry Mr. Ilagan, your motion will not be considered at this time. So if you want to continue second, so if you want to continue with your discussion, you may go right ahead. MR. ILAGAN: Thank you, Mr. Chair. I made my point, and that was one option that we could go through. Bour place. s role is to determine the guilt, or the punishment, that needs to be put in this matter. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman, for letting me speak again. You know, Ms. Wille talked about moving on, she just wants this resolution to be the vehicle Council many years ago. Both Curtis Tyler and I had taken a position that we could not run anymore, because of a Charter provision. A Mr. Arakaki took a different approach, and actually ran. Okay, and that was a subject of law suit, and everything, you know, he was able to run. And he was criticized, and Mr. Tyler and I, were looked upon as being the good guys. Just as maybe Ms. Wille, is how you that position that really counts. A was correct, okay. But what Mr. Tyler and I did, was we co-authored a letter to move on. I think this is the wrong way of doing it. Page 23 -22 September 16, 2015 Ms. Wille, what you should have of done, because you were looked upon as being the white knight. I believe you could of used your opinion, based on my personal values and approach. But if you really wanted to move on, you could have used that positon more responsibly, and really settled a lot of things, you know. And I think the Mayor would have respected you for it, this, which I already said I resent the fact that this was introduced. And I just think this is really trying to move something on. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille, do you want to finish this up? MS. WILLE: Yeah. I guess we all have different ways, I think thatI felt there about guilt or criminal level that is for the AG (Attorney General). I did want to introduce this initially as a communication, and the Chair was opposed to that. That would have beenit was generic, and given l need to do it as a resolution to have it heard. So that was my initial approach. So I do feel that this does have closure, I actually think if I was Kenoi, okay, now at I keep getting is, you know, why, everything is being held my intent, and I appreciate what all of you had said. And it to different opinions I obviously will be supporting my resolution. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi, do you want to finish us off? MR. ONISHI: Thank you. MS. WILLE: (Inaudible). CHR. KANUHA: Well, Mr. Onishi wanted to say something after you finished it off. MR. ONISHI: Well we do have time, right? CHR. KANUHA Mr. Onishi, Ms. Wille. Page 24 -22 September 16, 2015 MR. ONISHI: The thing is that, going to have closure. The closure within what the Council Members, or is it the clos, there still an investigation going on, so wee closure. We need to find out what happens, right? So we need to wait. So I think action maybe got to be taken later on, but no going to say okay, this is it then, everything else is finished, right? And so that part I cannot understand about closure. But to me, with your e It Resolved by the Council of the County of by reprimands Mayor William P. Kenoi for misusing his p-card. I would think like maybe within this resolution too, that it would have, like I guess options, or actions, that going to improve. Because we heard in testimony, that maybe it needs to be fixed, right? Which is happening too, but maybe within this resolution, should of had that. But I just say that, the last thing would be that a lot of time was taken out today, because of this. People had to come out to testify, and you know, I want to apologize to them. That I guess we could be working on other business, that that future Council Members, you know, kind of remember I guess, what is their jurisdiction? Thank you. CHR. KANUHA: Go right ahead, Ms. Wille. MS. WILLE: Okay, I thinkjust want to clarify again, criminal issues are that. I felt there was an apology, there was an admission of what was done, and at indefinitely. So that was how I viewed it, I respect those others Mayor Kenoi has done a great deal of good, and I appreciate him on many levels. ne is above the law, or holding someone accountable, means, I doI amended, bill to strengthen it. That will this is one ofthis is sort the accountability aspect of trying to really bring us as a County to a higher level of Ethics. So thank you, for allowing me to speak again. CHR. KANUHA: Thank you. Okay, if just ask for the vote already. Okay, Mr. Clerk roll call please. Page 25 -22 September 16, 2015 Vote on Res. 272-15: The motion to adopt Res. 272-15 failed by the (Failed) following roll call vote: Ayes: Council Member Wille 1. Noes: Council Members, Chung, David, Eoff, Ilagan, Onishi, Poindexter, and Chair Kanuha 7. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion fails. Recess: At 12:32 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:34 p.m. CHR. KANUHA: patience, and Mr. Clerk, I think we can move on to the next item, Bill 37. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 37 (Draft 3): 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends: 1) Definitions - - amends provision for use of County $50,000 limit on any County contract for goods and services with a County officer or employee or a business where an immediate family member of a County officer or employee has a controlling interest of said business; 3) Conflicts of Interest - revises provisions for the ability of County officers and employees to represent private interests in legal actions/proceedings against the County or appear on behalf of private interests before any agency of the County; and 4) Contracts - establishes a $50,000 limit on any County contract with an officer or employee of the County, or a business in which the officer or employee of the County holds a controlling interest. Reference: Comm. 231.14 Intr. by: Ms. Wille Approve: FC-33 Page 26 -22 September 16, 2015 (Note: Comm. 231.15, from Council Member Margaret Wille dated September 15, 2015, transmitting proposed amendments to Bill 37, Draft 3, was circulated.) Motion to Approve: Ms. Wille moved to pass Bill 37, Draft 3, on first reading and adopt Finance Committee Report No. 33. Seconded by Mr. Onishi. CHR. KANUHA: Go ahead, Ms. Wille. MS. WILLE: Yes. I would like to amend Bill 37, Draft3, with the contents of Comm. 231.15. And I just want to make sure that you will have that in hand. Motion to Amend: Ms. Wille moved to amend Bill 37, Draft 3, with the contents of Comm. 231.15. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLE: anyone then wants me to remind them of other parts that we gone through, I would do. But I think there was a lot of discussion, about the $10,000 and $50,000, and just I think that both Council Member Onishi and Council Member Chung brought up. Well if , and I appreciated that. would not be considered fair treatment to be both an employee and an independent contractor. But based on the comments made by the Council the last time, I amended this. And if you turn to page two (c) out the sentence that says, No officer or employee, or business in which an controlling interest, shall contract for goods or services of a value in excess of $50,000 with any County agency. So in place of that, I put in, what I sort of consider a Sunshine, you know, lets open government public disclosure, which I think you, Council Member Chung, talked about that perhaps this might be a direction we go in. Anyway, a copy of that, what would be in place of that, it would say An officer or employee of the County, or a business in which an officer or employee or the for goods or services with any County agency provided that the nature of the relationship between the officer or employee and the County is provided in full disclosure to the agency seeking goods or services as part of the bid for a contract or response to a request for proposals. A contract shall be void if an officer or Page 27 -22 September 16, 2015 employee fails to provide the required disclosure in a timely manner or if the disclosure does not fully and clearly provide the nature of the relationship between the officer or employee and the County. I did briefly discuss this concept with Corporation Counsel Stebbins, and Bonnie Nims, the Auditor. But just in concept that this might be a good way, to sort of come up with something. And then if you go on Section 2-85, this is under Contracts. What we just went over is under Section of Fair treatment. But here in 2-85 Contracts, sections (4) and (5) would basically incorporate the same language, following along the same language. I just went through under the section of Fair treatment, but it would also say part (3) and this is again, it would allow a person to be both an employee and a contractor provided all this disclosure takes place, and it also adds some language here where it said that it would be posted at least 10 days before to the Board of Ethics. , and added so that the Board may have the opportunity to review the contract at its next scheduled meeting. And I got testimony and calls fros, and like what is the n meet. e disclosure, that we add this. I also just want to mention Randy Riley isbring your attention to Randy Riley testimony, and what the chart that he submitted. As he explained that he did go to the Board of Ethics, he was originally an independent contractor here, and then later became an employee, and went to the Board of Ethics and got their okay. So if anyone has any questions that wasI was trying to respond to what you all in terms of this. And maybe save that for another day, but a least get this done. I mean the other parts are just all about trying to be clear, and raise the standard of Ethics, and I ask for your support. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. Yeah, this looks really good, Ms. Wille. But I have justI guess Lisa Miura is she in the audience with Jeff? CHR. KANUHA: MR. ONISHI: Yeah, okay. If you guys can come forward, because I just want e going to support it, but then I just wanted to find out the part about the disclosure. If they have a Page 28 -22 September 16, 2015 procedure or protocol within Finance to have that. Is it possible to have them on the big screen? Instead of looking at chairs in Kohala. CHR. KANUHA MR. ONISHI: Wow, okay. Lisa, can you folks introduce yourselves? I think again? CHR. KANUHA: Maybe (Note: At this time, Deputy Finance Director Lisa Miura and Purchasing Agent Jeffery Dansdill came forward to address the members of the Council.) MS. MIURA: Can you hear us now? Lisa Miura Deputy Director Finance. MR. DANSDILL: Jeff Dansdill Purchasing Agent. MR. ONISHI: Okay. So did you folks get to look at the amendments that Ms. Wille has? MR. DANSDILL: No, I have not had a chance to review them. MR. ONISHI: Okay, would you folks want little bit time to look at it? Because my question is, you know, this looks great, but the main thing is that Finance, or Jeff, for you folks, required. Like is there like a disclosure form that the employees would be able to fill out, to submit to you folks? MR. DANSDILL. nitially, I have is the 60 days posting, I guess, requirement. Just as delaying maybe the award being made, and the services being performed, 60 days could jeopardize that. MR. ONISHI: Okay. So what would you recommend on the days? MR. DANSDILL: I mean, I could talk to with Lisa and Deanna, what would be appropriate. But as in most cases, we try to keep things moving as quickly as possible, so the services can be provided. So I would have to talk with them, on what would be appropriate. MR. ONISHI: Okay. Lisa you have any comments? Page 29 -22 September 16, 2015 MS. MIURA: ust looking over the changes that Ms. Wille proposed just now. We just received it from Councilman Ilagan. MR. ONISHI: Maybe Mr. Chair, can we get like a five-minute recess, so they can look it over? CHR. KANUHA MS. WILLE: Let me just say, I did not discuss the 60 days with Deanna. I did discuss the concept here with her, but not the number of days. And if there were a different number, whether it was 45 or even 30, I would consider that a friendly CHR. KANUHA: ry know if you guys Jeff and Lisa, do you guys need more than five minutes to look over th several paragraphs in here changing just trying to think if five minutes is enough, or MS. MIURA CHR. KANUHA: Okay. Can I have a motion to table? Vote on Motion Mr. Onishi moved to table Bill 37, Draft 3. Seconded by to Table: Ms. Wille and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None CHR. KANUHA: Motion passes. Okay, Mr. Clerk you can move on to the next item. Page 30 -22 September 16, 2015 Bill 78 AMENDS CHAPTER 2, ARTICLE 16, SECTION 2- (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO TRAVEL AND OTHER EXPENSES Amends the Code to require that an exception to prohibited expenditures may only be allowed if a written request showing the expenditure would be for a public purpose is approved by the Mayor for requests made by employees or officers of the Executive Branch or the Council Chair for requests made by employees or officers of the Legislative Branch. Reference: Comm. 422.3 Intr. by: Mr. Ilagan Approve: FC-34 Motion to Approve: Mr. Ilagan moved to pass Bill 78, Draft 2 on first reading and adopt Finance Committee Report No. 34. Seconded by Ms. Wille. CHR. KANUHA: Mr. Ilagan, go right ahead. MR. ILAGAN: CHR. KANUHA: Okay, thank you. Council Member Ms. Wille. MS. WILLE: Okay, I just want to say I think thatI hope to add in some of these additional requirements, to ensure transparency and accountability. And I just want to say includedwhere as I had no expenditures for gifts, shall exceed $100, and there should be no use ofauthorization for purchase of alcoholic beverages. That was where I was, but based on both testimony and other Council Members input, then change that unless provided by authorized exception. So I just accountability, and provide for more transparency. So if you did go above the . The Finance Department already keeps a log of these exceptions. And this has to do with travel, the Director of Finance shall maintain a record log of all travel expenditures that are authorized through an exception as permitted by this subsection, which log shall be available for public inspection. So as with Bill 37, again, this is all about accountability and transparency to the public. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. Or did younope. Council Members any other discussion? Okay, hearingMr. Chung. Oh, sorry. Page 31 -22 September 16, 2015 MR. CHUNG says, uthorization for the purchase of alcoholic beverages shall not be allowed unless provided by authorized exception. of like ci different draft, but I think what we have right now is Draft 2, right? And still in there, sure that whenever we make an Ordinance, the language is really, really, good. I know, I would of helped you out the last time. You said, I exercised poor judgement, so I just kind of left it alone. CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille what did you want to do? MS. WILLE: I just want to take a look at it, for a minute here. And if anybody else has any other comments, I think we canI just want to see if I can do it so simple, that we can make the change right now. CHR. KANUHA: Any other discussion Council Members? I know we readinit read again. MS. WILLE: Okay, . But I think if it said something like uthorization of purchases of alcoholic beverages is allowed by authorized exception or somethingput it into theanyway CHR. KANUHA MS. WILLE: Maybe we ought to postpone. CHR. KANUHA: We could either postpone it, or we could pass it right now, and you could have the amendment ready for the next MS. WILLE CHR. KANUHA: Yeah. MS. WILLE: Okay, then I to urge that we pass it, and I agree that we should clarify the language. CHR. KANUHA: Mr. Onishi. MR. ONISHI: But if we pass it, that means we only get one more reading. So postpone it. Page 32 -22 September 16, 2015 CHR. KANUHA: Yeah. Whatever the Council feels hurts to have the amendments ready for the next Council meeting. And the public can see what exactly being amended, I have no problem with that. You want to make a motion to postpone? Motion to Postpone: Ms. Wille moved to postpone Bill 78, Draft 2, to October 7, 2015. Seconded by Mr. Onishi. CHR. KANUHA: Any discussion on the postponement? Okay, just real quickly reiterating that, there was some amendments needed to be made, and we want to Vote on Motion to The motion to postpone Bill 78, Draft 2, to October 7, 2015, Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Okay, Mr. Clerk next item. Bill 81: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds two separate portions of Mohouli Street to Section 24-280 (No parking at anytime), Subsection (c), South Hilo. Reference: Comm. 440 Intr. by: Ms. Poindexter Approve: PWPRC-12 Page 33 -22 September 16, 2015 Vote on Bill 81: Ms. Poindexter moved to pass Bill 81 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 12. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, next item. Bill 82: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds a portion of Kaomoloa Road to Section 24-279 (Parking on pavement prohibited at all times), Subsection (e), Kohala. Reference: Comm. 441 Intr. by: Ms. Poindexter Approve: PWPRC-13 Vote on Bill 82: Ms. Poindexter moved to pass Bill 82 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 13. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, next item. Page 34 -22 September 16, 2015 Bill 83: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Adds the western terminus of Kahauloa Road to Section 24-288.1 (Active loading and unloading zones), Subsection (f), Kona. Reference: Comm. 442 Intr. by: Ms. Poindexter Approve: PWPRC-14 Vote on Bill 83: Ms. Poindexter moved to pass Bill 83 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 14. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, Bill 84 Bill 84: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking at anytime), Subsection (f), Kona, by extending the portion of Hina-Lani Street where parking is prohibited. Reference: Comm. 443 Intr. by: Ms. Poindexter Approve: PWPRC-15 (Note: Comm. 443.1, from Council Member Valerie T. Poindexter dated September 4, 2015, transmitting proposed amendments to Bill 84, was circulated.) Motion to Approve: Ms. Poindexter moved to pass Bill 84 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 15. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Poindexter. Page 35 -22 September 16, 2015 MS. POINDEXTER: Yes. I have an amendment to Bill 84, Comm. 443.1. So I make a motion to amend Bill 84 with the Comm. 443.1. Motion to Amend: Ms. Poindexter moved to amend Bill 84 with the contents of Comm. 443.1. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTERconnector to collector. Which is just the correct term, so thank you. CHR. KANUHA: Thank you, Ms. Poindexter. Is there any discussion on the amendment? Okay, hearing or seeing none, all in favor of the amendment say Vote on Motion to The motion to amend Bill 84 with the contents of Comm. 443.1 Amend: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Now on to the main motion as amended, is Vote on Bill 84: The motion to pass Bill 84 on first reading, as amended to (Draft 2) Draft 2, and adopt Public Works and Parks and Recreation (Approved) Committee Report No. 15 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, as amended. Okay, Bill 87. Page 36 -22 September 16, 2015 Bill 87: 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 Kahilu Road Resurfacing State project for $500,000 to the Capital Budget. Funds for the project shall be provided from State Grants Receivable ($500,000). Funds would be used towards labor and equipment. Reference: Comm. 451 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6( Charter Vote on Bill 87: Ms. Eoff moved to pass Bill 87 on first reading. Seconded (Approved) by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. I also wanted to mention to the Council Members, that this also was from the department. And they asked if we could waive the 5-day reconsideration for this one, so they could move forward quickly, ask for a motion to waive our Council rule for the 5-day reconsideration on Bill 87. Oh sorryreading Bill 88: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($900); and appropriates the same to the Signs and Markings, Other Current Expenses account (Roadway Safety Mirrors District 3). Funds would be used to install three convex mirrors to provide improved sight distance to driveways in District 3. Reference: Comm. 452 Intr. by: Ms. Eoff Waived: FC Page 37 -22 September 16, 2015 Vote on Bill 88: Ms. Eoff moved to pass Bill 88 on first reading. Seconded (Approved) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 89. Bill 89: 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 Parks and Recreation Hilo Trap and Skeet Range Federal project for $643,250 to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($643,250). Funds would be used to upgrade the project, which would include repairing building structures, paving of the entrance road and parking lot, and drywell installation. Reference: Comm. 453 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter Vote on Bill 89: Ms. Eoff moved to pass Bill 89 on first reading. Seconded by (Approved) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, Bill 80. ORDER OF The Chair directed the Council to proceed to the next order of business, Order THE DAY of the Day (Second and Final Reading). (SECOND OR FINAL READING): Page 38 -22 September 16, 2015 Bill 80: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE ENDING JUNE 30, 2016 Appropriates revenues in the Housing Private Contributions account ($50,000); and appropriates the same to the Direct Deposit Incentive Program account. Funds would be used to provide Direct Deposit Incentive program participants incentives for opening and maintaining an account free of overdraft fees and introduce participants to additional financial and employment related services. Reference: Comm. 433 Intr. by: Ms. Eoff First Reading: September 2, 2015 Vote on Bill 80: Ms. Eoff moved to pass Bill 80 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes, Bill 85 Bill 85: 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 Water Line Replacement, Nohea Street, Santos Lane State project for $550,000 to the Capital Budget. Funds for the project shall be provided from State Grants Receivable ($550,000). Funds would be used to replace corroded and leaky galvanized water lines along Nohea Street and Santos Lane in Hilo. Reference: Comm. 444 Intr. by: Ms. Eoff First Reading: September 2, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter Page 39 -22 September 16, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 85 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Is there any discussion? Mr. Onishi. MR. ONISHI: Yes. First of all, I want to thank Senator Gil Kahele in proposing this as his CIP (Capital Improvement Project) for Nohea Street and Santos Lane. And also I want to thank President Ron Kouchi, as he being the CIP Chair at the Senate side, for also pushing that for us. I just got word, maybe a week and half funding. And so it should be coming to the County, maybe within hopefully couple of weeks from now. And so once the County receives the funding, then the project can move on, and so that would be great for the residents on those both streets. So I just want to thank all of them, and also the Governor for releasing the funds. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion Council Vote on Bill 85: The motion to pass Bill 85 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. And I think Finance had enough time to look over a few of these changes, so can I have a motion to take Bill 37, Draft 3 off the table? Vote on Motion to Mr. Onishi moved to remove Bill 37, Draft 3, from the table. Remove from Table: Seconded by Ms. Wille and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. Page 40 -22 September 16, 2015 (Note: At this time, Deputy Finance Director Lisa Miura and Purchasing Agent Jeffery Dansdill came forward to address the members of the Council.) CHR. KANUHA: Motion passes. Okay, we are currently on Bill 37, Draft 3, Ms. Wille. MS. WILLE: Okay. Lisa and Jeff, if you couldin terms of the number of days that you could handle on this. Can you handle the 60 days or no? MR. DANSDILL: Actually, Lisa and I talked about it, and we would prefer maybe if a vendor wanted to bid on a contract, that they would get pre-approval form the Ethics Commission ahead of time. And then that would resolve any concerns I have about awarding a bid or contract in a timely fashion. MS. WILLE I believe was going in, before he bid on something, he went in and asked for thatsome things happens very slow with the board. concern there. But preferably they would submit that decision with their bid, if possible. But tangled up in a time. Anyway, those are my thoughts off the top of my head. If anybody else has a comment or concern. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: because I was kind of thinking along those same lines. What Ms. Wille has framed here is more a disclosure type of arrangement, but there has to be some way where employees, as Mr. Riley did, could come to the Ethics Board for pre-approval. Because really when you think about this, the whole scheme of contractor, and a family member, being an employee of the County. But what I really wanted to touch upon is, the use of and verses or in e the old language talked about contracts that are awarded by competitive sealed bidding or competitive sealed proposal. I think those are actually two different types of bidding processes, and so if you use at the end of all of these paragraphs. Then all of these conditions have to be present. So I would suggest since we are looking at probably some further amendments, that she look into that. MS. WILLE: I could look at that at the same time. Page 41 -22 September 16, 2015 MR. CHUNG: Yeah, okay. And you know, I never met Mr. Dansdill. But I just wanted to state publicly that his wife is a fantastic principal. My kids went to that school. CHR. KANUHA: You got to disclose which school that is. MR. CHUNG: Hilo Intermediate. CHR. KANUHA: Okay. Thank you, Mr. Chung. Wait hold on Ms. Wille. Any other discussion Council Members? Mr. Onishi. MR. ONISHI: So Lisa, in that contract number (4), I guess, so that disclosure so that would be a disclosure form, that I guess you folks would have to come up with, right? MS. MIURA the Ethics Commission was suppose to provide. MS. WILLE incumbent upon the employee to disclose the information. MS. MIURAing with the Board of Ethics first, or wed to bring it up at this time, b CHR. KANUHA: Wait Ms. Wille, sorry Mr. Onishi still has the floor. MR. ONISHI: So what was that again? So on her previous draft MS. MIURA an immediate family member is. It was defined previously. MR. ONISHI: Yeah. Because if we have it where the employee, or member officer, or immediate family member, if they go through the process of the Ethics prior to, I guess submitting a bid correct? MS. MIURA: Correct, if the Ethics Board provides an answer prior to the submission. MR. ONISHI quorum then it would have to be postponed to the next month. And if bid needs to be in like saybecause on an average, when does a bid I guess iswhat is thatsent out. Page 42 -22 September 16, 2015 MS. MIURA: How many days? MR. ONISHI: Yeah. MS. MIURA: Yeah, 30 days. MR. ONISHI: 30 days. MS. MIURA: Correct. MR. ONISHI: And so time-wise they might not have enough time. So maybe there should be an option, is that maybe better? Like either you can go to the Ethics Board or you submit a letter to the Finance Department claiming no conflict. MR. DANSDILL determination from the Ethics Board, or maybe a copy of the letter that was submitted to the Ethics Board would provide sufficient information in their bid MR. ONISHI: So Ms. Wille, maybe you can change some wordings around. MS. WILLE: Yup. MR. ONISHI: I mean it might help. MS. WILLE: Yup. MR. ONISHI: Okay, thanks. CHR. KANUHA: Thank you, Mr. Onishi. Mr. Ilagan, any discussion on your part on that side? MR. ILAGAN: Not at this time. CHR. KANUHA: Okay, Ms. Wille. MS. WILLE: have them in, and have it out where the public can read it. CHR. KANUHA: Do you want to keep this original amendment or do you want to re-submit a new amendment? Because we can do that, you can resubmit a whole new communication. MS. WILLE: Give me 30 seconds. Page 43 -22 September 16, 2015 MR. HENRICKS withdraw motion to amend with this communication, so Withdraw Motion MS. WILLE: Yeah, and I think Ihat would to Amend: still continue 37, D according to out discussion. CHR. KANUHA: Perfect. Thank you, Ms. Wille. So that you withdrew. Communication 231.15 is withdrawn. MS. WILLE: Yes. CHR. KANUHA: Okay. What was that Mr. Ilagan? MR. ILAGAN: Yes. CHR. KANUHA: Oh, Mr. Ilagan, go right ahead. MR. ILAGAN: Thank you. The Deputy of Finance had some concerns about the immediate family. I would like to hear those concerns. MS. MIURA: Right now the immediate family is defined as the employee or County business, in the sense that we do know of several cases, where there is And yet they may have in-laws that do, and in some cases, they may not even speak to the in-laws. And so to hold the employee accountable to that or to say that they would need to pecting from that. So if there could be some clarification. MR. ILAGAN: Thank you. CHR. KANUHA: Mr. Ilagan, you still have the floor. MR. ILAGAN has clarification. CHR. KANUHA: Okay, thank you. Ms. Wille, did you hear the discussion points? MS. WILLE: Yes, I did. A bring this forward, and just go over that. Page 44 -22 September 16, 2015 CHR. KANUHA other discussion Council Members before I ask for a postponement? Okay, may I have a motion to postpone to the next Council meeting October 7, 2015? Vote on Motion to Mr. Onishi moved to postpone Bill 37, Draft 3, to October 7, Postpone: 2015. Seconded by Ms. Wille and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. MR. ILAGAN: Mr. Chair? CHR. KANUHA: Mr. Ilagan, yes. MR. ILAGAN: I would like to suspend our rules for the 5-day hold for Resolution 274-15. Vote on Motion to Mr. Ilagan moved to Suspend Council Rule 14 to waive the Suspend Council 5-day hold for reconsideration of Res. 274-15. Seconded by Rules: Mr. Onishi and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. 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, FOR EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) Page 45 I Iawari County Council -22 September 16, 2015 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.) CHR. KANUHA: Mr. Clerk, did we get through everything'? Wow, good timing. Okay, may I have a motion to adjourn? ADJOURN- There being no other business, at 2:13 p.m., Ms. David moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Paleka — 1. Excused: None. CHR. KANUHA: We are adjourned. Council AnorovalSEP 0 7 2016: �y ! /L CO TY �CL`ERK SM/ja/rk Page 46