HomeMy WebLinkAboutMIN COUNCIL 2016/01/22 2014-2016HAWAII COUNTY COUNCIL
31st Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
January 22, 2016
INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 1:05 p.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Mamo Kanuha,
Chair.
CHR KANUHA: Mr. Clerk, Maeda, roll call?
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie Poindexter, Vice Chair (via video conference from Hilo)
Mr. Aaron Chung, Member
Ms. Maile "Medeiros" David, Member
Ms. Karen Eoff, Member
Mr. Greggor Eagan, Member (via video conference from Hilo)
Mr. Dennis "Fresh" Onishi, Member (via video conference from Hilo,
came in later)
Mr. Danny Paleka, Member (via video conference from Hilo)
Ms. Margaret Wille, Member
CHR KANUHA: Thank you very much. And also, I do have memos from the
Council Members located in Hilo that they did have an RSVP recognition
luncheon, and have meetings in Hilo, and stayed in Hilo, via our wonderful
teleconference system. They will be participating in Hilo. And Mr. Onishi should
be present very soon and I got a memo from him that he will be part of our Council
today, but he will be in Hilo. Please let me know when Mr.Onishi comes back so I
can put him on for the record. Ms. David, would you lead us in the pledge of
allegiance, please?
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.)
CHR KANUHA: Mahalo, Ms. David. Before we get into public testimony, we
have a presentation, a certificate presentation from Ms. Wille. Ms. Wille, when
you are ready, you may have the floor.
Hawaii County Council -31
PETITIONS,
MEMORIALS,
CERTIFICATES
OF MERIT, AND
EXPRESSIONS
OF CONDOLENCE
Recess:
Reconvene:
STATEMENTS
FROM THE
PUBLIC ON
AGENDA ITEMS
January 22, 2016
The Chair directed the Council to the next order of business, Petitions,
Memorials, Certificates of Merit, and Expressions of Condolence
(Note: At this time, Council Member Wille presented a Certificate of Merit to
Mr. Fred Cachola, Jr., in recognition for his outstanding achievements and
contributions within the Community.)
At 1:16 p.m., the Chair called for a recess.
The meeting reconvened at 1:17 p.m.
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:
Carol Matayoshi: Res. 373-16 (Comm. 622), in support.
(representing Going Home Hawaii)
Debbie Baker: Bill 136 (Comm. 632), comment.
(representing Kailua Village BID)
Les Estrella Res. 373-16 (Comm. 622), in support.
(representing Going Home Hawaii)
Marcia May: Bills 132 (Comm. 617) and 133 (Comm. 618),
comment.
Patrice McDonald: Res. 360-16, Draft 2 (Comm. 592.2), comment.
Joyce Alberta Folena: Bill 101, Draft 2 (Comm. 494.9), in support.
Clifford Kopp: Bill 136 (Comm. 632), comment.
Greg Slingluff: Bill 136 (Comm. 632), in opposition.
Ku Kahakalau: Comms. 625 and 626, comment.
(representing Hawaii County Board of Ethics)
Janice Ikeda: Bill 136 (Comm. 632), in support.
(representing Hope Services Hawaii)
Gregory T. Smith: Bill 101, Draft 2 (Comm. 494.9), in support.
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APPROVAL OF
MINUTES
Motion to Approve
January 22, 2016
Judy Sumter: Res. 360-16, Draft 2 (Comm. 592.2), in support.
(representing Community Action Committee -Hawaiian Paradise Park)
June Conant: Res. 360-16, Draft 2 (Comm. 592.2), in support.
(representing Hawaiian Paradise Park -Community Action Committee)
Mattson Davis: Bill 136 (Comm. 632), comment.
(representing Manini Holdings)
Doiron Caceres: Bill 136 (Comm. 632), in opposition.
Jay Kimura: Res. 362-16 (Comm. 594), comment.
(representing the Hawaii County Economic Opportunity Council)
George Yokoyama: Res. 362-16 (Comm. 594), comment.
(representing the Hawaii County Economic Opportunity Council)
Justin Murota: Bill 136 (Comm. 632), comment.
(representing Queen Lili`uokalani Trust)
Dale Ross: Bill 136 (Comm. 632), in support.
(representing the Office of the Prosecuting Attorney)
Fernando Salas
Bill 101, Draft 2 (Comm. 494.9), in support.
CHR KANUHA: Mahalo for your testimony. Is there anybody wishing to testify
in the outer sites or here in Kona that we haven't gotten through yet, pease let me
know? Hearing or seeing none, I'm going to close public testimony and move on
with the agenda. Currently we have next on the agenda approval of minutes.
Mr. Clerk, do you need to read that in? Can I have a motion to approve the
minutes of November 19, 2014?
The Chair directed the Council to proceed to the next order of business,
Approval of Minutes.
Ms. David moved to approve the Minutes of
November 19, 2014. Seconded by Ms. Eoff
CHR KANUHA: Council Members, any discussion? Hearing or seeing none,
how am I going to do everybody in the Hilo side? We might have to do roll call
with all of these?
MR. HENRICKS: I think that based on discussions, you could just ask for ayes
and noes and if you don't hear any noes, I guess the assumption would be that—
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January 22, 2016
CHR KANUHA: I think with the minutes we can move forward. All in favor of
approving of the minutes for November 19, 2014, say "aye."
Vote on Motion to The motion to approve the minutes November 19, 2014,
Approve Minutes: was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. I want to kind of go through a few of these
items. I know there are a few board members are here and weren't here the last
time we went through committee. So I would like to get them through first. In
Hilo, the Kailua Village Design Commission, Ann Kern, somebody told me you
were in Hilo. Council Members, these were nominees that couldn't make it the
last time we did approve of them, because there were some good
recommendations set forth. So they did come during the Council and I really
appreciate that. But I would like to move forward with those, if it's okay with
you folks? For reports, Mr. Clerk, PC -37, Communication 609.
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
PC -37: NOMINATION OF ANN KERN TO THE KAILUA VILLAGE DESIGN
(Comm. 609) COMMISSION
Motion to Approve: Ms. David moved to adopt Planning Committee
Report No. 37. Seconded by Ms. Eof£
(Note: At this time, Nominee Ann Kern came forward to address the
members of the Council.)
MS. WILLE: Ann, could you please come forward? Hi, Ann. Thank you for
volunteering. I just wondered if you had a vision or any thoughts or sort, of what
brings you to want to be on this committee. And just share a little bit of your
thoughts.
MS. KERN: I have previously served on this commission and appreciated that
opportunity, at that time, and welcome the chance to do so again. In terms of
vision, I think I share this with past and present commission members. We're
trying to preserve the spirit of place in Kailua-Kona and in this era of major
change, it's difficult to do that now that we are against change in general. But we
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January 22, 2016
don't want to forgot our culture and our history and that is one of the major things
that we look at every time various proposals come before us.
MS. WILLE: Thank you very much. I appreciate that. I yield.
CHR KANUHA: Thank you, Ms. Wille. Council Members here in Kona?
Council Members in Hilo, do you have any discussion?
Is there any discussion there? No? All in favor of the motion to approve
Ann Kern tort Kailua Village Design Commission and file Communication 609,
say "aye."
Vote on PC -37: The motion to adopt Planning Committee Report No. 37
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Congratulations, Ann and thank you again
for serving. Okay. Next Commission Member, who also was not present at the
Committee meetings, John (Jack) Hoyt currently in North Kohala. Mr. Clerk,
PC -40, Communication 611.
PC -40: NOMINATION OF JOHN (JACK) HOYT TO THE NORTH KOHALA
(Comm. 611) COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Motion to Approve: Ms. Wille moved to adopt Planning Committee
Report No. 40. Seconded by Ms. David.
CHR KANUHA: Ms. Wille, go ahead.
MS. WILLE: I am honored to have Jack Hoyt become a member and he has been
an outstanding member of the Kohala Community. I know that he will be a great
addition. We have had a lot of issues, of trying to fill positions on the Kohala
CDP (Community Development Plan), and problems even where people are
wanting to stay on until their vacancies are filled and had problems.
I know he is very concerned with housing up there, and homelessness, and a lot of
issues that are really important, and has been a leader in that area. Jack, if you
wouldn't mind just saying a few words and sharing yourself with the Council?
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(Note: At this time, Nominee John (Jack) Hoyt came forward to address
the members of the Council.)
MR. HOYT: Good afternoon, Council Members. Thank you for nominating me.
I have been a resident of North Kohala—about 20 years. I have been very active
on the Coastal Access Committee since its founding. And worked for about a
year with Kohala on the Housing Committee and for me this is just another step in
getting even more involved in support of the community. Initially, I was reluctant
to commit to the four years, but I have changed my mind and I'm more than
willing to serve at this time.
I have been an architect licensed in Hawaii since 1991 and most of my interests
in one way or another are related to the use of community housing, the coastal
access, the homeless; all of these issues involve design and architecture and
construction and it's been a life-long interest. Thank you.
MS. WILLE: Thank you, Jack. Appreciate that. I yield.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? All in favor, of
approving John (Jack) Hoyt to the North Kohala Community Development Plan
Action Committee, say "aye."
Vote on PC -40: The motion to adopt Planning Committee Report No. 40
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes:
None.
Absent:
None.
Excused:
None.
CHR KANUHA: Motion passes. Mr. Clerk, we'll go Communication 627.
Comm. 627: NOMINATION OF LAWRENCE M. BROWN TO THE PUNA
COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor William P. Kenoi, dated January 4, 2016, submitting for the
Council's review and confirmation the above nomination.
; and
NOMINATION OF FRANK COMMENDADOR TO THE PUNA
COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor William P. Kenoi, dated January 4, 2016, submitting for the
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Council's review and confirmation the above nomination.
Waived: PC
Motion to Approve: Ms. Wille moved to confirm the appointment of
Mr. Lawrence M. Brown to the Puna Community
Development Plan Action Committee. Seconded by
Mr. Paleka.
January 22, 2016
(Note: At this time, Executive Assistant to the Mayor Charmaine
Shigemura and Nominee Lawrence M. Brown came forward to address
the members of the Council.)
CHR KANUHA: Aloha Char, if you could introduce your nominees.
MS. SHIGEMURA: Yes, I'm here.
CHR KANUHA: If you could introduce Larry Brown, first.
MS. SHIGEMURA: Okay, we have Mr. Brown here in Hilo with us. He is
nominee to the Puna Community Development Plan Action Committee and he
retired from the County as a planner. His past experience will be helpful it—their
deliberations and he states he is not affiliated with any political party.
CHR KANUHA: Thank you. Aloha, Mr. Brown. If you could introduce
yourself and give a little bit of background about yourself and why you want to be
on the commission?
MR. BROWN: Aloha, Chairman Dru Kanuha and Members of the Council. My
name is Larry Brown. I worked for the Planning Department for just a month shy
of 15 years and retired December of 2014. End of the year and the last year has
been pretty nice. Nice and quiet.
But, I think, I probably polluted the landscape with another golf ball for right
now. instructor so, I think, it's time for me to start giving back. I preached to
years and years to members of the community, how they needed to be involved
with the process of trying to improve and govern the island. And if you want a
more responsive government, you have to do more than vote. So I'm back.
CHR KANUHA: Thank you very much. I'm going to open up for discussion. I
think we'll start in Hilo.
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Is that Mr. Eagan?
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Hawaii County Council -31 January 22, 2016
MR.ILAGAN: Yes.
CHR KANUHA: Go right ahead.
MR. ILAGAN: Thank you so much. I just wanted to show my support for
Mr. Brown. He is in the district that I represent and with his expertise, he is
definitely going to help the board and action committee. And I just want to show
my support and I'm sure you are going do great things. I'm glad that you are
coming back from retirement. Thank you.
MR. BROWN: Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Anyone else over there?
Ms. Poindexter?
MS. POINDEXTER: Yes. Thank you, Council Chair. I would like to also say
thank you. I have had the opportunity to work with Mr. Brown on several items
that happened in Hamakua or District 1. So, I thank you for now stepping up to
be a volunteer to the County of Hawaii and you are a valuable asset to us as well.
No paycheck?
No paycheck.
CHR KANUHA: Ms. Wille.
MS. WILLE: I strongly support Mr. Brown for the CDP (Community
Development Plan). And I hope he visits the other CDP Action Committees
because he really has a great deal of knowledge.
I was always envious that he was there. When he was on the Planning
Department, assisting the Puna group, and wanting to share his mana`o more. He
is really knowledgeable and committed and was always looking for solutions.
And perhaps he can also be an advocate to try to strengthen the administration's
support for the CDP's such as discontinuing the practice of cutting out every other
meeting and other ways that it has been. The whole program has been
undermined. So thank you, Larry. I look forward to hearing about your
accomplishments and your assistance.
CHR KANUHA: Thank you, Ms. Wille. Ms. Eoff
MS. EOFF: Thank you, Mr. Chair. I just wanted to add my thank you to Mr.
Brown for coming back after retirement, to help in his field of expertise. I'm sure
it will be a great asset to the Puna CDP. Thank you.
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January 22, 2016
CHR KANUHA: Mahalo, Ms. Eof£ Council Members, anybody else wishing to
comment?
MR. ONISHL Mr. Chair?
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you. Thank you, Mr. Brown for volunteering. I hear your
vision in your area, in Puna, because of the lava flow? And if you have any
thoughts about maybe readjusting what the CDP is all about in that area?
The lava flow certainly brought to light a very serious problem that we have in
Puna, living on the flanks of an active volcano.
But it doesn't belay the fact that Puna is one of the most rapidly growing areas in
the entire state. Even today while the lava flow is going on, yes, some people did
move out and things did slow down a little bit, but if you live on my street, down
in Hawaiian Paradise Park, the D -9s are going fast. And yes, we do need to make
some adjusts, but we need to strive to keep the overall vision that was heart and
soul of the Puna CDP and exactly where our village centers should be? Yes, we
could look at making changes there, but if we don't address the problems now,
they are only going to get worse, because people are still building and moving in.
The traffic is not getting better. It's getting worse. I have to drive at least six,
seven miles to get a loaf of bread. That is ridiculous.
CHR KANUHA: I understand that, but the thing is that nobody can predict when
the lava flow is going to come back; right?
MR. ILAGAN: That is right.
CHR KANUHA: It's going to be one day.
MR. ILAGAN: That is right.
CHR KANUHA: If you look at history in kalua paha and since you are going to
be on committee, if you can bring to them some different thoughts because of
your past history working on the Planning Department? So, I'm just hoping to
see that there is maybe some dialogue once you get on that committee to have
something amended or to even look at it. Thank you.
I would say that personally I feel that we lack sufficient information to make
informed decisions. I don't think we know enough about what this volcano May
or May not do or whether it May or May not happen? And I don't know whether
or not we have the resources within our reach to improve our understanding of
what the likelihood is that the volcano, the lava flows will impact the whole
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January 22, 2016
village, for example. It is Pahoa and let's not forget that Hilo still was in the bull
eye's eye of Mauna Loa.
I'm hoping that can you bring to the table, because you worked in Planning
Department and you folks at time the lava flow was coming, you were looking
at the redesigning how the CDP was. I guess the global commercial areas; right,
because certain areas might have been locked out because of lava flow crossing
the highways and so forth. Now you would have to look at how—for example,
for Paradise Park; right?
Because now they wouldn't be able to go towards Pahoa, where all of the
development is coming along; right? Without a different shopping centers
happening, so there might have to be some development by orca land site and
increasing development where it's limited to only certain areas. So that is what
I'm saying is that hopefully you can bring that to the table because you have been
in the dialogue since way back. Like I said, we cannot predict when it's going to
happen, but it's going to happen one day, but least we have it in the books. The
people 10, 15, 20 years can see this is what the plan was?
That is the options that they had setup in case this should happen. That is all I'm
saying if you could at leastI'm thinking that you could bring that to the table.
MR. BROWN: Yes, I hope so.
CHR KANUHA: Mahalo, Mr. Onishi. Council Member Paleka, go ahead.
MR. PALEKA: Mr. Brown, I want to thank you myself and on behalf of the
District 5 or stepping up and coming—they just pull you back in. But thank you
so much, especially with your experience. I'm sure you will bring your vast
knowledge and expertise. It will be put good use in the Puna Community
Development Plan Action Committee. They have a bunch of really good people
and you will just mix in. In regards to concerns, hey, the consideration as in any
issue, don't lack any consideration of all points of view when with planning issues
to be specific.
MR. BROWN: I have always believed that every opinion is worth hearing, you
know, if that is getting to what you are talking about?
MR. PALEKA: Exactly.
MR. BROWN: But we can't dwell on, I mean, we have to be able to vet those
ideas and get down making progresses towards implementation of a plan, that
most of us can agree to. Nobody is going to agree 100 percent and if we wait for
that, we'll be waiting long—of a—we're all gone.
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January 22, 2016
MR. PALEKA: Thank you, Mr. Brown. It's very reassuring that you said that
we would be open to all views and perspectives. Thank you for that and thank
you again for serving.
MR. ILAGAN: Mr. Chair, I just have a question?
CHR KANUHA: Go ahead, Mr. Eagan.
MR. ILAGAN: Thank you. Mr. Brown, I just wanted to ask you, you know you
have a vision and ideas and I don't want to ask—did your vision—ors why, but
you wanted to ask you about the current process. Do you believe having the
sunshine implemented on your action board, do you feel that is a problem, or does
that help?
MR. BROWN: One thing, and it's not my vision, it's the vision that was
expressed by the Puna community in the Puna CDP. That being said, the
sunshine law that is what you are talking about right? It's awkward, it's
cumbersome, and I'm sure that the Council feels the same way about it from time
to time. I think it's necessary though. And I'm only disappointed in the fact that
the state legislature determined that they didn't need to be subject to it.
MR. ILAGAN: Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion, Council
Members? Okay. Hearing or seeing none, all in favor of the motion to approve
Lawrence Brown to the Puna CDP, say "aye."
Vote on Comm. 627: The motion to confirm the appointment of
(Approved) Mr. Lawrence M. Brown to the Puna Community
Development Plan Action Committee was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Congratulations, Mr. Brown.
MR. BROWN: Thank you. Mahalo.
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Motion to Approve: Mr. Paleka moved to confirm the appointment of
Mr. Frank Commendador to the Puna Community
Development Plan Action Committee. Seconded by
Ms. David.
(Note: At this time, Executive Assistant to the Mayor Charmaine
Shigemura came forward to address the members of the Council.)
CHR KANUHA: Char, can you introduce Frank Commendador.
MS. SHIGEMURA: I can do the introduction; however, Mr. Commendador is
not here today.
CHR KANUHA: Just do introduction and we'll move on with discussion.
MS. SHIGEMURA: He is the former member of this committee from 2009-2012.
He is being nominated for a 4 -year term, life-long resident of Hawaii. He is
currently the President and owner of John Guard Hawaii, Inc., and also coffee
and tea farmer and states he is not affiliated with any political party.
CHR KANUHA: Mahalo, Char. May I have a motion to approve the
nomination of Frank Commendador to the Puna CDP? Council Members.
Mr. Commendador isn't here today, but as you know he has served on the CDP
before. If there is anybody in Hilo who know him personally and to comment.
Anybody like to start the discussion?
MR. PALEKA: I can certainly do that.
CHR KANUHA: Mr. Paleka. And also, can you give us how you would like to
proceed, because this is a Puna CDP. Could you put that into your conversation
as well, go ahead.
MR. PALEKA: Certainly. I would definitely support Mr. Commendador's
nomination to the Puna Community Development Plan Action Committee and he
has been active with the community association and works well and would be a
terrific blend with current Puna Community Development Plan Members. All
that I can say is that I do support his nomination and hope that you all agree.
Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Any other discussion in Hilo?
Council Members here in Kona, any discussion? I know they have issues with
quorum and that is why we had to get him on this agenda. If anybody wants to
say anything? Ms. Wille, good right head.
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Vote on Comm. 627
(Approved)
January 22, 2016
MS. WILLE: I'm always reluctant to support a nomination when a person isn't
here. But under the circumstances to move this forward and support the Puna
CDP, that is my two cents and I yield.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve Frank Commendador to the
Puna CDP, "aye."
The motion to confirm the appointment of
Mr. Frank Commendador to the Puna Community
Development Plan Action Committee was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes and congratulations to all the nominees. Before
we get into the Board of Ethics nominations, I did say previously that I would
take out of order Resolution 373. We have somebody here waiting that needs to
go to the airport, Mr. Clerk.
Res. 373-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
GOING HOME HAWAII TO SUPPORT THE STEPPING UP INITIATIVE
Transfers $5,000 from the Clerk -Council Services — Contingency Relief
account (Council District 4); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 622
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 373-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: I know the Council is fully aware of the Stepping Up initiative
and Going Home is definitely making progress and hopefully, implementing some
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January 22, 2016
of the recommendations. And I just want to show some financial support and I
asked the Council to support as well. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other Council Members on the
Hilo side?
MR. PALEKA: Mr. Chair?
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I would also like to support this resolution. It is part of the
Stepping Up initiative and this funding is to get things rolling to provide some
services and also to gather some data while we're spearheading this initiative.
They are very dear to my heart, regarding our mentally ill. And what is nice
about this, it addresses our homeless inmates who do unfortunately get noa
cycle and hopefully this is one of those efforts that really does have an impact on
those numbers. And that is what it's all about. What I really like about this is that
we might have some participation from former inmates that might lend to this.
So, I think, it's very important that they be mentors to themselves. We have good
partners in working with the Stepping Up initiative and I'm just asking for
support. Thank you.
CHR KANUHA: Mahalo, Mr. Paleka. Council Members any other discussion?
Hearing or seeing none, all in favor of the motion say "aye."
Vote on Res. 373-16: The motion to adopt Res. 373-16 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you. Mr. Clerk, we'll go with the
Communication 625.
Comm. 625: NOMINATION OF JOSEPHINE L. IBARRA TO THE BOARD OF ETHICS
From Mayor William P. Kenoi, dated January 4, 2016, submitting for the
Council's review and confirmation the above nomination.
Waived: FC
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January 22, 2016
CHR KANUHA: Thank you, Mr. Clerk. Before I ask for a motion, I would like
to hand over the chair to my Vice Chair in Hilo, Ms. Valerie Poindexter. I'm
going to recuse myself because I do have a pending matter before the Board of
Ethics that hasn't been heard yet. So for the next two nominations, I will be
recusing myself. With that, please go right ahead.
Relinquish Chair: At this time, Chair Kanuha relinquished the chair to Acting Chair Poindexter.
Motion to Approve: Ms. Eoff moved to confirm the appointment of
Ms. Josephine L. Ibarra to the Board of Ethics. Seconded
by Ms. David.
ACTING CHR. POINDEXTER: Let the record reflect that I have assumed the
Chair and can I have a motion to approve Josephine Ibarra to the Board of Ethics.
MR. ONISHL I didn't hear a second?
ACTING CHR. POINDEXTER: Ms. David seconded.
MR. ONISHL If you could just—because I'm in Hilo, speak into your mic.
ACTING CHR. POINDEXTER: I heard moved by Council Member Eoff and
seconded by Council Member David. Any discussion?
MR. ONISHL Is Char going to introduce her?
ACTING CHR. POINDEXTER: Council Member Onishi?
MR. ONISHL I would think that—she is in Kona. Sorry about that. Can we put
the camera on to Ms. Ibarra? Ms. Ibarra, for the record, if you could just state
your name and then tell us a little bit about why you would want to sit on this
board?
ACTING CHR. POINDEXTER: Thank you. I'm sorry. I'm going to have Char
introduce you first. Excuse me. Thank you, Council Member Onishi.
(Note: At this time, Executive Assistant to the Mayor Charmaine
Shigemura and Nominee Josephine L. Ibarra came forward to address the
members of the Council.)
MS. SHIGEMURA: Thank you. Mayor Kenoi's nominee to the County of
Hawaii Board of Ethics from the Council District 8 is Ms. Josephine Ibarra. A
life-long resident of Hawaii, presently she is the Care Coordinator Resident
Manager of Hawaii Affordable Properties.
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January 22, 2016
She volunteers at St. Michael's Church in Kailua-Kona and volunteers with
organizations that help the homeless in the Puna community and states she is not
affiliated with any political party. Also attached with this letter was a lettera
copy of letter from the Chair of the Board of Ethics recommending Ms. Ibarra's
nomination to the commission.
ACTING CHR. POINDEXTER: Thank you. Ms. Ibarra, if you want to state
your name and tell us a little bit about why you would want to sit on the Ethics
Board?
MS. IBARRA: My name is Josephine L. Ibarra, born and raised on the Island of
Hawaii. My reasoning to get involved in Ethics is to be able to be part of the
community and getting involved is the most critical thing that I need to do for
myself, as well as for our community.
ACTING CHR. POINDEXTER: Thank you. Opening it up for discussion.
Council Member Onishi.
MR. ONISHL Thank you, Madam Chair. Good afternoon, Ms. Ibarra. Thank
you for stepping up on this. I have a couple of questions. One is for you is
about, I guess, you have heard that the problem that we're having is about
quorum. And so if your nomination is passed by this Council, would you be able
to commit yourself to going to these meetings that will be held at least once a
month?
MS. IBARRA: Yes.
MR. ONISHL Do you have, like, so you adjust your schedule to make sure you
will be able to attend the meetings?
MS. IBARRA: Yes, I will.
MR. ONISHL Okay. Because we did pass an ethics amendment where County
employees would need to have Ethics Board to rule on if there is any conflict of
them receiving a contract from the County. So that is going to need to be done on
a monthly basis as new contracts come in. These County employees are going to
have to get this approval right away. So that is one concern that I had. So the
main thing, if you are okay and you are willing to be able to meet all of these
meetings, I'm fine with that and I will support you. Thank you.
My second question would be to the Corp Counsel. So, I don't know if
Mr. Yoshimoto would like to come forward because he is with the Ethics Board
or is someone in Kona there?
MS. EOFF: We have Mr. Bill Brilhante here in Kona.
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January 22, 2016
MR. ONISHL Okay. Mr. Brilhante, would you want Mr. Yoshimoto to come or
would you want to come up?
(Note: At this time, Assistant Corporation Counsel William Brilhante
came forward to address the members of the Council.)
MR. BRILHANTE: Hello?
MR. ONISHL Thank you, Mr. Brilhante. You can you introduce yourself?
MR. BRILHANTE: William Brilhante, Assistant Corporation Counsel. Good
afternoon, Council Members.
MR. ONISHL My question ismy concern is that we had received that letter
from the Chair of the Board of Ethics. I don't know if that was like a good idea to
have something submitted by that Board because, to me, they should be all neutral
and should be all independent. So if the board is discussing about the
nominations then, you know that is where I can look down the road or there
might be conflicts; right? Because of I don't know the nominations that they
have. So I just wanted to ask you, if that is okay to have that recommendation?
MR. BRILHANTE: Mr. Onishi, let me take a look at the letter.
I had a chance to review the letter and these situations come up where a particular
member of a Board or Commission—when had a matter come before this body or
another body—sometimes the State Legislators, they inquire as to whether or not
they can submit testimony in support of or in opposition to particular items? What
we recommend to the members when that question is posed to us from a legal
standpoint, is that the recommendation is if you do—as a regular citizen, you have
every right to submit testimony in front of the County Council. With that in
mind, the directive we provide to the members, that if you are going proceed in
that action, if you are going to submit something in writing, or if you are going to
come and testify personally in front of the body, we recommend that you clearly
indicate that you are coming through and you are presenting yourself purely on a
personal basis. And the information that you are providing is not something that
the board took a vote on or took a stance on or supported formally. So in this case,
I reviewed the letter and it seems like the recommendation is a personal
recommendation from Ms. Kahakalau and therefore, I think it's not improper.
That would be my opinion.
MR. ONISHL Okay. Thank you.
ACTING CHR. POINDEXTER: Okay, in Kona, do we have anyone wishing to
speak?
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Hawaii County Council -31 January 22, 2016
MS. WILLE: Yes.
ACTING CHR. POINDEXTER: Council Member Wille.
MS. WILLE: Thank you, Ms. Poindexter. Thank you for your willingness to
participate. I feel very strongly that the people here want a high standard of
Ethics for Government employees and to promote trust and confidence in the
Government. And part of that is ensuring that there is some accountability if you
violate one of those standards. It's not a criminal issue. It's an ethical—is it
ethical or not ethical?
For me the issue hasn't just been a matter of quorum, but it's also diversity and
independence and that everyone really trusts that the individuals there can stand
and make their own decisions. I think in a little way that is what Council Member
Onishi was sort of hinting at is where—and I don't know whether you have a
prior knowledge or acquaintance or close friendship with Ku Kahakalau, or really,
she was just there looking to add more members. I would like to know that you
would make your own decisions. And it's not that you look to those who helped
get you on the Board or who has appointed you, but you are serving all of us and
we trust you to say, is there a violation? You know, and then if you were to find a
violation, what are the circumstances? What are the mitigating elements? And
what should be the remedy for that or the punishment or whether it's community
service or what you would recommend?
But, I think, I just want to know that you feel you can make independent
judgments and not feel this is my first year and I have to listen to what these guys
say? They may be more that you know that you will be trusting in your heart that
you are working for the people, that you are working for the island and so if you
could just sort of comment on that and how you see that role?
MS. IBARRA: Well, I feel that coming on -board in the Ethics Board is for me to
come in. When I'm coming in as an individual, I'm coming in to listen and to
voice my opinions and what we—need to put together as a whole team.
MS. WILLE: Thank you. You appreciate and understand what I'm saying, that
you checked the box. We have a quorum. We do or we don't and we can do
business at a level and stand that the people of this island can be proud of. Thank
you for your willingness to be nominated. I yield.
MS. EOFF: Ms. Poindexter.
ACTING CHR. POINDEXTER: Council Member Eof£
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Hawaii County Council -31
January 22, 2016
MS. EOFF: Thank you. I wanted to say thank you for volunteering for the Board
of Ethics. And I also wanted to thank Char and the Administration for filling out
this Board. We have needed additional members.
We have had trouble making quorum and so, I think, it's important that we do
appoint new people. It's also good to see that the two appointments coming to us
today are from the west side of the Island. So that we have kind of accomplished
some of the concerns that Council Members and the public have had over the last
few months in discussion; that we would like to see the Board more well-rounded
and representative of the various districts. So all in all, I don't know you
personally, but I know you are from my district. So, I just wanted to say thank
you. I know it's a serious commission and you've stated your willingness to
attend the meetings and think independently. And I just want to thank you again
for stepping up.
MS. IBARRA: I appreciate that. Thank you.
ACTING CHR. POINDEXTER: Any other discussion?
MS. DAVID: Vice Chair Poindexter?
ACTING CHR. POINDEXTER: Is that Council Member David?
MS. DAVID: Yes, it is.
ACTING CHR. POINDEXTER: Okay, Council Member David.
MS. DAVID: Thank you, mahalo. I would also like to say thank you very much,
Josephine, for stepping up and taking this important nomination for this important
role. I want to let my Council Members know that I do know Josephine, not
necessarily on a personal level, but on a professional level. Her background in
Social Services and serving the community goes way back and I met her when I
was with Legal Aid Society. And her serving the community is outstanding. Her
service to the people in our community is outstanding. So I applaud you, because
I know you will be an independent thinker and you will be fair. Because my
experience with you has always been that, you were fair and just. So, I totally
support your nomination. I'm happy that we have you from District 8 and I ask
for the support of our fellow Council Members. Mahalo.
ACTING CHR. POINDEXTER: Thank you. Any other discussion?
MR. CHUNG: Yes. Madam Chairman, it's me Aaron.
ACTING CHR. POINDEXTER: Council Member Chung.
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January 22, 2016
MR. CHUNG: Thank you. Good afternoon. You know, is Chairman Kahakalau
still in the Hilo Council Chambers?
ACTING CHR. POINDEXTER: No, she is gone, she left.
MR. CHUNG: I'm kind of troubled by the way some of the statements that she
made. And I'm glad that Mr. Onishi brought it up as well.
During the course of her testimony, I was actually expecting her to say that she
welcomes new members on to the board because they are having a hard time
establishing a quorum. But then when she said that they made the
recommendation to the administration. It's not endorsing the nomination, they
made the recommendation. I want to know a little more about is there anyone
here who can explain what went on? And I know it's only under her letterhead,
but if I'm not mistaken, she seemed to imply it was a board action.
ACTING CHR. POINDEXTER: I don't know, can we bring Mr. Yoshimoto to
the table, please? Thank you.
MS. WILLE: Bill Brilhante is at the table here, as well here, Ms. Poindexter.
ACTING CHR. POINDEXTER: Yeah, so I will allow Ms. Yoshimoto to speak.
If you can state your name for the record before you proceed.
MR. YOSHIMOTO: Thank you, Madam Chair. Council Member Chung, did
you want to finish the question you had?
MR. CHUNG: No, go ahead.
MR. YOSHIMOTO: Okay, my understanding is you noticed Chairperson
mention the word "we" in terms of supporting the nomination.
MR. CHUNG: That is what I thought I heard.
MR. YOSHIMOTO: Yeah, and I caught that, too. To my knowledge, there has
not been any board discussion about supporting any nominations. My
understanding—this was a recommendation made by Ms. Kahakalau on her
personal behalf and not on behalf of the board.
MR. CHUNG: It has nothing to do with this individual. But it's such a highly
unusual thing that came about and let me be the first to go on record to say that I
would dissuade any other Board or Board Member from doing anything like that,
especially from the Board of Ethics. It just doesn't seem right. But having said
that, let's now focus on this individual.
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Hawaii County Council -31
January 22, 2016
And Ms. Ibarra, thank you very much for stepping up. I think as you well know,
this is and will be a hotbed of activity; right?
MS. IBARRA: Yes.
MR. CHUNG: Are you related to Ronnie Ibarra, by any chance, Circuit Court
Judge?
MS. IBARRA: Not that I know of
MR. CHUNG: Okay. I don't know you and I don't know how many members on
this board actually know you personally.
So we can only go on your good word and our trust. Can you please just exercise
as much independence as you can, while you are carrying out your duties?
Because that is all the public really expects. As I said, I can't comment on your
integrity. I'm sure you are of the highest level of honesty and independence but
the public is really looking at this. So whenever you get the information and
whatever you articulate in terms of your decisions, please make sure that it's from
the heart. And I'm not just talking about the things coming up with regards to
pending matters. But others as well.
First of all, I really thank you for stepping up. This is going to be a tough one.
It's really, really tough all the way around. You might be in a no-win situation;
right? Do you have anything to say in that regard?
MS. IBARRA: I think right now coming in and stepping into this position is
allowing me to, hopefully, have my voice be heard for you as the County Council,
as well as for the community, and making the whole Ethics Boards making the
right decisions.
MR. CHUNG: What are your philosophies about Ethics? Let me just get into
that.
MS. IBARRA: When you say "ethics", the word "ethics" itself is a lot. And
when you are dealing with ethics you have to look at ethics personally and
professionally and how to define it and yet, how to justify all of it? And then
putting it all together, making the right decisions.
MR. CHUNG: Have you familiarized yourself with the Code of Ethics?
MS. IBARRA: I worked in the Social Service Field as far as the social. I have
yet a lot to read about in regards to the County Council.
MR. CHUNG: But have you read the Code of Ethics?
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Hawaii County Council -31
MS.IBARRA: Yes.
January 22, 2016
MR. CHUNG: Okay. So you have been briefed by maybe Char or J?
MS.IBARRA: Yes.
MR. CHUNG: That is good, that is very good. You are going to hear a lot of
people yelling and on side or maybe the other, because this is going to be
newsworthy and you will be on the fore front. But just be strong and use your
best judgment and just know when we talk about trust in Government, the Ethics
Board is that board that creates that trust and ensures that trust in Government.
But be strong and be objective is my only advice to you. Thank you.
MS.IBARRA: Thanks.
MS. WILLE: Ms. Poindexter, I have something additional if there is no one else
going the first time. Is Ms. Poindexter there? Earth to Valerie? Can you all in
Hilo hear me?
Recess: At 2:55 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:02 p.m.
ACTING CHR. POINDEXTER: Meeting back to order. Council Member
Onishi.
MR. ONISHL Thank you, Madam Chair. Mr. Brilhante, can I get you to come
back up again?
ACTING CHR. POINDEXTER: When we went to recess, Council Member
Chung had the floor and was asking a question. So Council Member Chung, I'm
going to give the floor back to you.
MR. CHUNG: I don't know where you guys lost me, but I yield the floor.
ACTING CHR. POINDEXTER: Thank you. Council Member Onishi.
MR. ONISHL Okay. I'm just thinking about—Madam Chair, would it be
possible for us to go into Executive Session, so I could have a discussion with
Mr. Brilhante on an issue?
ACTING CHR. POINDEXTER: Does anybody object into going into Executive
Session because Council Member Onishi, I believe your question has to do with
some type of confidentiality?
MR. ONISHL Correct.
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January 22, 2016
ACTING CHR. POINDEXTER: Yes. So, there is some questions that are
needed to be asked of Mr. Brilhante that is of a confidential nature
MR. ONISHL Yes.
ACTING CHR. POINDEXTER: —and that should not be expressed in public
session right now. Does anybody object to going into Executive Session?
MS. WILLE: Yes.
MR. HENRICKS: Madam Chair? This is your Acting Clerk
VICE CHR. POINDEXTER: Yes, go ahead.
MR. HENRICKS: A motion, second, and a super majority vote is required to
enter into Executive Session.
MR. ONISHL Okay. Do you want—make a motion?
Motion to Enter into Mr. Onishi moved to enter into Executive Session in order to
Executive Session: hold attorney-client privilege discussion regarding Comm. 291,
authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes.
Seconded by Mr. Paleka.
ACTING CHR. POINDEXTER: Clerk, we can do a discussion at this point,
correct?
MR. HENRICKS: Yes, discussion is available.
ACTING CHR. POINDEXTER: Okay, so discussion. Council Member Onishi.
MR. ONISHL I just want to ask Mr. Brilhante a couple of confidential questions
regarding this nominee. Thank you.
ACTING CHR. POINDEXTER: Any other discussion, before we take a roll -call
vote?
MS. WILLE: I couldn't hear what he said. Would you mind asking Mr. Onishi
to repeat what he just said what his reasoning is?
ACTING CHR. POINDEXTER: Council Member Onishi?
MR. ONISHL Okay. I just have a couple of questions for Mr. Brilhante, on some
confidential questions or issues about this applicant or nominee.
Page 23
Hawaii County Council -31
January 22, 2016
MS. WILLE: Okay. So your questions do not have to do with the process that
was involved in her selection?
ACTING CHR. POINDEXTER: For the record, it's Council Member Wille
speaking. Go ahead, Council Member Wille.
MS. WILLE: So Mr. Onishi, your questions are independent and separate from
the issues of how this nominee was selected?
MR. ONISHL It's nothing about that.
MS. WILLE: It is about that?
MR. ONISHL It's not about that.
MS. WILLE: Okay.
ACTING CHR. POINDEXTER: Okay. Any other discussion? Comments?
Okay. Mr. Clerk, please take a roll call vote on the motion to go into Executive
Session.
Vote on Motion to The motion to enter into Executive Session was carried by
Enter into Executive the following roll call vote:
Session:
(Approved) Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Wille, and
Vice Chair Poindexter – 8.
Noes: None.
Absent: None.
Excused: Chair Kanuha –1.
ACTING CHR. POINDEXTER: So now we're going into executive session at
this time. Ms. Eoff, Council Member Eoff, do you want to read—do we have to
do—yes read in that section?
MR. HENRICKS: I'm sorry. This is your Acting Clerk, that would have been
done prior to making of the motion. That the point in time, we'll just go ahead
and prepare for Executive Session.
ACTING CHR. POINDEXTER: Thank you very much. So we are in Executive
Session.
Recess: At 3:45 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:56 p.m.
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Hawaii County Council -31
Vote on Motion to
Postpone:
(Approved)
January 22, 2016
ACTING CHR. POINDEXTER: Okay. Calling this meeting back to order and
since Council Member Onishi was the one who had called us into Executive
Session, I'm going to afford him the floor.
MR. ONISHL Thank you, Madam Chair. Just to let the public know that I did
get my information from many requests from Corporation Counsel and I'm okay
with that. So I want to move on. Thank you.
ACTING CHR. POINDEXTER: Thank you very much. Okay, we're continuing
discussion on the nomination of Josephine Ibarra to the Board of Ethics. Further
discussion?
MS. WILLE: I'd like to discuss.
ACTING CHR. POINDEXTER: Council Member Wille?
MS. WILLE: I would like to suggest that we postpone this nomination to a later
date and that we ask the Chair of the Ethics Commission, Ku Kahakalau, also be
present at that time.
ACTING CHR. POINDEXTER: So is it—are you making a motion to postpone
right now?
MS. WILLE: I'm making a motion to postpone right now.
ACTING CHR. POINDEXTER: Okay. Is there any second?
MS. WILLE: To February 3rd
ACTING CHR. POINDEXTER: Is there any discussion, on the postponement?
Hearing or seeing none, all those this favor, of the postponement, say "aye."
Ms. Wille moved to postpone Comm. 625 to
February 3, 2016. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Wille, and Vice
Chair Poindexter – 7.
Noes: Council Member Paleka –1.
Absent: None.
Excused: Chair Kanuha –1.
ACTING CHR. POINDEXTER: Any opposed?
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Hawaii County Council -31
MR. PALEKA: Here. Me.
January 22, 2016
ACTING CHR. POINDEXTER: Okay, can you go into your mic, so they can
hear.
MR. PALEKA: Nay.
ACTING CHR. POINDEXTER: Okay Council. One opposed, Council Member
Paleka. So Clerk, can you just give me that count? In Kona it was how many
ayes and did we have any of the nays?
MR. PALEKA: Yes, you have sufficient votes. I count six ayes, one no and one
excused/recused. Seven ayes.
MS. DAVID: Seven ayes.
ACTING CHR. POINDEXTER: That is seven ayes. Okay. So this nomination
has been postponed to February 3rd. Mr. Clerk, will you please read into the
record Communication 626.
Comm. 626: NOMINATION OF G. RICK ROBINSON TO THE BOARD OF ETHICS
From Mayor William P. Kenoi, dated January 4, 2016, submitting for the
Council's review and confirmation the above nomination.
Waived: FC
ACTING CHR. POINDEXTER: May I have a motion to accept the nomination
of Rick Robinson to the Board of Ethics?
Motion to Approve: Ms. David moved to confirm the appointment of
Mr. G. Rick Robinson to the Board of Ethics. Seconded
by Mr. Onishi.
(Note: At this time, Executive Assistant to the Mayor Charmaine
Shigemura came forward to address the members of the Council.)
ACTING CHR. POINDEXTER: Char, please, go ahead.
MS. SHIGEMURA: Okay. First of all, I believe that Mr. Robinson has standing
by on the phone for us to reach him. I don't know that he still is.
ACTING CHR. POINDEXTER: My understanding is that he boarded a flight
at 3:45. I believe. So he may be in flight
MS. SHIGEMURA: Do we just want to read in the information?
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Hawaii County Council -31
Vote on Motion to
Postpone:
(Approved)
January 22, 2016
ACTING CHR. POINDEXTER: Do you want to read in the nomination and we
can discuss this and then determine what we should do?
MS. SHIGEMURA: The nomination, Mayor Kenoi's nominee for Hawaii
County Board of Ethics District 6 is Mr. G. Rick Robinson. A member of the
Merit of Appeals Board for two terms and recently completed a 5 -year term of the
Water Board last year and district and Kona Farm Bureau and stated he is not
affiliated with any political party—will serve December 31 st, 2020.
ACTING CHR. POINDEXTER: Know that Mr. Robinson is not here and I
believe I know—Ms. David?
MS. DAVID: Yes. Thank you, Vice -Chair Poindexter. At this point in time, you
are correct, Mr. Robinson is in route on a flight back to Kona and I would like to
entertain a motion to postpone his nomination, as well, to the February 3rd
meeting.
VICE CHR. POINDEXTER: Is there any discussion on the postponement?
Hearing or seeing none, all those in favor of postponing this nomination to the
February 3rd meeting say "aye."
Ms. David moved to postpone Comm. 626 to
February 3, 2016. Seconded by Mr. Onishi and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Wille, and Vice
Chair Poindexter – 8.
Noes: None.
Absent: None.
Excused: Chair Kanuha –1.
VICE CHR. POINDEXTER:
Okay. So now we move on—well, I would like to
give, now, the chair back to our Council Chair Dru Kanuha.
Relinquish Chair: At this time, Acting Chair Poindexter relinquished the chair back to
Chair Kanuha.
CHR KANUHA: Thank you, Vice Chair Poindexter, for leading the discussion.
Council Members, do you need a break at this time or are you okay to keep on
going?
MR. ONISHL Mr. Chair?
CHR KANUHA: Yes, Mr. Onishi?
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January 22, 2016
MR. ONISHL I'm going to have to leave in maybe half an hour. Is there a
possibility to take a couple of bills out of order?
CHR KANUHA: Sure.
MR. ONISHL I'm looking at the Bill 127, and 128, and Bill 136.
CHR KANUHA: Okay. Mr. Clerk, just for the record, Mr. Chung had to leave
this meeting right now because he needs to back in Hilo for a community
meeting. So for the record, he is now excused for the remainder of this meeting.
Mr. Clerk, can I take on Bill 127?
MR. HENRICKS: Sure. I'm going to read in 128 as well, as a companion.
Bill 127: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE
URBAN DISTRICT AT PANA`EWA HOUSE LOTS, 2ND SERIES, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-056:002
(Applicants: Minoru, Jr., and Katherine Takehiro) (Area: 2.666 acres)
Reference: Comm. 612
Intr. by: Mr. Eagan (B/R)
Approve: PC -41
; and
Bill 128: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL — THREE ACRES (A -3a) TO RESIDENTIAL
AND AGRICULTURAL — ONE-HALF ACRE (RA -.5a) AT PANA`EWA
HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII, COVERED BY
TAX MAP KEY: 2-2-056:002
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicants to subdivide the property
into four lots that the applicants state would be conveyed to their children.
Approve: PC -42
Page 28
Hawaii County Council -31
Vote on Bill 127
(Approved)
Vote on Bill 128
(Approved)
January 22, 2016
Mr. Eagan moved to pass Bill 127 on first reading and
adopt Planning Commission Report No. 41. Seconded by
Mr. Onishi and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Bill 128. May I have a motion, Mr. Eagan, for Bill 128?
Mr. Eagan moved to pass Bill 128 on first reading and
adopt Planning Commission Report No. 42. Seconded by
Mr. Onishi and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 136. Mr. Onishi is it Bill 136?
MR. ONISHL That is correct.
CHR KANUHA: Mr. Clerk, please, Bill 136.
Bill 136: 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 Housing Micro Unit Housing — West Hawaii project for $650,000 to
the Capital Budget. Funds for this project shall be provided from General
Obligation Bonds, Capital Projects Fund — Fund Balance and/or other Sources
($650,000). Funds would be used to prepare and acquire 32 micro housing units
to provide permanent, long-term housing to the chronically homeless.
Reference: Comm. 632
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
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Hawaii County Council -31 January 22, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 136 on first reading.
Seconded by Ms. David.
CHR KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you. I would like to ask the Housing Director to please come
forward and while she is doing so I will just reiterate that this is an additional
appropriation of $650,000, to add to the prior appropriation. And I'll let
Ms. Akiyama explain the rest.
There were several comments during public testimony and concerns raised, and I
would like you to address those, if someone has briefed you on some of those? If
not, we will. Thank you.
(Note: At this time, Housing Administrator Susan Akiyama came forward
to address the members of the Council.)
MS. AKIYAMA: Okay. Good afternoon. I'm Susan Akiyama, Administrator
Housing, Finance, and Development Corporation. We're asking for your approval
of this appropriation to do a 32 -unit micro housing project in the Kailua industrial
area.
You know, I know, the description of the project lists it as "permanent long-term
housing for the chronic homeless." I wanted to clarify. I think this was one of the
points of concern, the permanent description. So it was labeled as such, not in the
way of it being permanent to the site. In the way of funding for projects like this
from HUD (United States Department of Housing and Urban Development) and
the State, there are different levels of housing that is offered and funded. So you
have emergency shelters, which is basically 60 days. You have transitional
housing, which is two years. And permanent, which means there is no limit. So
the term "permanent" means that the housing unit will be provided to the chronic
homeless for as long as they need it.
I want the council to know that we are planning on a design that will make the
units portable. If in the future, we feel that maybe the service area has changed or
there is a need to move the units, he can move the unit—we can move these units.
MS. EOFF: Could you address. I think it was a couple of businesses that are in
the surrounding area are concerned that we may need additional security, with the
additional number of people that will be staying in that location. As well as,
maybe lighting that was brought up? Is there something that the County will plan
to use some of these funds for that would provide some security for the
neighbors?
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Hawaii County Council -31
January 22, 2016
MS. AKIYAMA: I will tell you honestly. This funding that we are asking for is
really designated for the project itself. But we will plan to have 24/7 security on -
property and lighting for that property. Now, as far as lighting and sidewalks and
things like that for Pawai street leading out to Kaiwi, I think, is what they were
concerned about. I've told the business community there that, you know, the
County wants to be a good neighbor and that we would move forward with doing
this project. And at the same time, be willing to continue to come to the table
with them, to work on this.
You know, I think that we all have to share that concern and so we're more than
willing do that. But the current funding—does not—won't allow me to do that
type of work, the first-round.
MS. EOFF: I will yield at this time. I think other Council Members may have
additional questions. Thank you for all of that. I know no matter where we
choose to place units right now, there is going to be some concerns. And I'm glad
that you said that the County will be willing to take in all of these concerns and be
as good as neighbors as we can be with this type of project location.
I'm understanding, that time is of the essence because of the Governor's
emergency proclamation allows us this window of opportunity. And that is why
you asked that it be waived from my Committee and be addressed here at
Council. We do have a second reading. So maybe you can bring back further
information at that time as well.
MS. AKIYAMA: Okay.
MS. EOFF: I will yield. Thank you.
CHR KANUHA: Thank you, Ms. Eof£ Mr. Onishi, I'm going to give you the
opportunity.
MR. ONISHL Thank you, Mr. Chair. Is anyone from the Planning Department
there? Or is any of the attorneys there?
CHR KANUHA: We have several attorneys in house, as well as several
members from the Planning Department, Director Kanuha and Mr. Command.
MR. ONISHL If we could have Director Kanuha come up and Mr. Brilhante.
CHR KANUHA: Thank you, we also have Amy Self, as well, here from the
housing.
MR. ONISHL She can come up, too, if she wants, if you could introduce
yourselves, please.
Page 31
Hawaii County Council -31 January 22, 2016
(Note: At this time, Planning Director Duane Kanuha and Assistant
Corporation Counsel William Brilhante came forward to address the
members of the Council.)
MR. KANUHA: Good afternoon, members of the Council, Duane Kanuha,
Planning Director.
MR. BRILHANTE: Good afternoon, Council Members. William Brilhante,
Assistant Corporation Counsel.
MR. ONISHL Thank you. You know, you guys might remember this back last
term. I wanted to do some amendments to the limited industrial district and also
to the commercial mixed-use. I wanted to put in village commercial in allowing
in these areas to have residential or to have homes built in these areas because of
the workforce and also, was to have more smart growth. Looking at what is being
proposed to us right now. And, you know, I looked at the Department of Finance
and request for Council action and background justification and says the micro
units are provided permanent and, I know, Ms. Akiyama did explain it. But if we
passed the bills proposed in the last term, we wouldn't have to worry about
people, I guess, or our neighbors in that area, I guess, getting upset. Is that
correct?
MR. KANUHA: Not necessarily. I think you understand the basis for this
particular bill at this time. And it's in response to the Governor's Homeless
Housing Proclamation, which exempted, or exempts, a whole range of
requirements all the way from EIS (Environmental Impact Statement)
requirements to planning and zoning and land use requirements. Because of—this
project was already kind of on the books, Housing has elected to take advantage
of this particular project at this particular location. How that would relate to
whether or not that particular ordinance was in place at the time, we would
probably be about the same situation. But, I think given that component,
introducing the residential component into the industrial area, I might also
comment that in this particular area and the surrounding environs, which we
primarily have one major landowner and they have been doing a lot of master
planning for all of their lands. And they have some applications coming forth
before the State Land Use Commission, but what they have elected to do—when
they come before the Council, is to come in for a project district. Okay?
Which actually gives them, in this particular instance, a flexibility. Again, that is
just speaking for this particular area related to that project. So I don't know if I
answered your question or not? But that is kind of my response, unless anybody
has anything else that they want to add?
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Hawaii County Council -31
January 22, 2016
MR. ONISHL Okay. I remember, like, when we had that discussion about these
different amendments to this different districts. You know, one was about
sidewalks, which I think someone—one of the testifiers mentioned about that.
That in that whole area—or that area, there is not going to have any sidewalks put
in. And then also concern there was might be, say, like auto body shops coming
up right next to the facility. Maybe bars might be coming up? And so it wasn't,
like, I guess it wouldn't work together with having residential next to these
different proposed or different permitted uses. And so I just am looking at this
and what I tried to do in the past, it didn't work. But then now, when we are
looking and I am in support of trying to get these homes for homeless. But not
looking maybe on a permanent or long-term, but maybe temporary, like for
60 to 90 days to get them going into something more permanent and something
more in a residential area, rather than a commercial mixed industrial area, you
know? So, I just figured this is my opportunity to bring back on what was said
before of why Council Members didn't want this to happen?
But now we're going do it on a homeless basis kind of situation. I just wanted to
say that and if Planning or any of the attorneys have anything else to say, you can
comment now.
MR. BRILHANTE: William Brilhante, just in response to that. Councilman
Onishi, I think this whole project—my understanding is that this whole project
was predicated on this proclamation that was issued by the Governor. So I think
that took the necessity, it took the justification, and the reasons as to why the
County was wanting to move forward with this project to a heightened -level, to a
more emergency situation. And that is the basis for this coming forward. This
proclamation sets a limited term of 12 months. So any projects that were being
considered to address the homeless had to be and this is an overused term, but had
to be almost in a shovel ready state and ready to go. This is the project that
Housing has determined and the administration has determined, that is most
closely aligned to meeting the requirements and with the ability to be completed
within the specified period of time.
MR. ONISHL I understand that, but as you had heard one of the testifiers
mention that he is right next to this property. And he mentioned that, I guess, he
hired some of those people and so then we look at that could be a resource for
workforce development. Utilizing the people who participate in this program and
finding them jobs around that area; right? So that is just something that I was
wanted to bring up, because I had proposed bills before—amendments and never
could move forward. But then now, as you said with the proclamation by the
Governor, waiving all of the restrictions on zoning and so forth and permitting
now, we can do it right? But we could have done that before and that is all I
wanted to say. Thank you.
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Hawaii County Council -31 January 22, 2016
CHR KANUHA: Thank you, Mr. Onishi. Ms. David.
MS. DAVID: Yes. Thank you, Chair. I would just like to acknowledge that the
people that came forward that testified, the landowner, they do have valid reasons
and concerns about this project. But given all the—of that, I believe with our
homeless issues, we have to start somewhere. And I believe this is something that
will, as Ms. Akiyama stated this development is going to be made portable. So if
something comes up later on a new area, a bigger area/facility, where we can
move them in a concentrated area, which is probably the ideal at this point in
time. But I think for now, I will support this because I believe that the concerns, I
think, you have addressed some of them as far as security. I would really want
that. One of the things that they mentioned is outreach to the landowner and the
businesses around there as you try to implement some of the mitigation measures
more for security, et cetera. And thank you folks, for taking that first step and
capitalizing on a situation that would otherwise would not have made this happen.
Mahalo for all of you folks. Thank you.
CHR KANUHA: Thank you, Ms. David. I'll go to Ms. Wille and ask if any
Council Members in Hilo, if they want to comment? Ms. Wille.
MS. WILLE: One thing that I learned from Doctor Kopp is really there have
some folks that just need housing. You know, that is their need and then there are
others that have a lot of other needs in addition, that need to be addressed. I'm
supportive of this project, but I really feel that we need to decide who would be in
that housing? And if it's only that we're really providing housing and not all of
the wrap-around services, than it should be those who basically only need
housing. That it should not be—unless you all can tell me these are the Social
Services that are going to be available to these people?
So that we are not adding one more problem where it exists, then, I think, it's not
going to work. We're just going—really get more divisiveness in the community.
So, I think, that there is a challenge here. I think we want it to be where these
people actually are contributing in that area. So maybe Susan, you could just
come forward. Whereas to the extent where it's people that are needing—what is
the need that we're filling?
If we're filling the needs of people that basically need a bed and not needing
whether it's a mental health services or physical health? A homeless person I was
talking to, his leg was broken and he could hardly get around. Just sort of housing
is one service, but what are all the other needs? That is really my concern; if you
are going to be providing just housing, then we need to be providing that the
people that we're getting—that are the people that need the just housing and not
the people—if you are saying that we have got these wrap-around services and we
have got there, then that is different. But I really think that we're only going to
dig ourselves deeper problems. If we're providing just housing to people that
Page 34
Hawaii County Council -31
January 22, 2016
need much more and putting them in circumstances next to others where it's not
residential. We're already skipping—another thing I don't like, where the County
says we impose these requirements on others but we as a County exempt
ourselves, you know? I don't buy that. It's not right. We need to exemplify what
we require of others.
But just in terms of that and who would be provided? How do you go about
selecting those people that have this need? I felt like that transitional housing,
when it was in Kawaihae, really worked well and other people in the community
really needed housing. There are people that had no place to live that they maybe
had a job here and I was really sorry that it got moved. But anyway, if you could
just respond to that sort of differentiating between those that need housing?
CHR KANUHA: Your microphone. Could you restate your name again, for the
record.
MS. AKIYAMA: Susan Akiyama. I very much agree with you this population
we're trying to serve, which is the chronic homeless are also not only need
permanent housing, stable housing, but they need services. So this particular
property when we go out to hire property manager for this property, they will be
required to offer services as well to this population. You know, in the past the
state and the federal governmentI see a shift in the way that we're trying to
provide services to this population. In the past, we would build facilities and we
would say to these individuals that you have to be clean and sober when you
come in. And we found that this doesn't work.
It's hard enough for people to have homes to try to get to clean and sober, much
less someone who doesn't have permanent housing. So this new motto called
"housing first", basically the philosophy is to stabilize the individual—very little
assessment or questions up front. You come in, we house you, stabilize you,
provide a safe place for you to put your things and offer you services. That is
what we plan to do with these units. It's a continuum of care we're trying to
provide and there is an emergency shelter on-site, which is a 60 -day unit. The
County has also done Uluwini, which is low-income housing and transitional
housing and this is going to be added to that continuum of housing care. So there
will be services provided.
CHR KANUHA: Thank you, Ms. Wille. Hilo, any Council Members?
MS. POINDEXTER: This is Council Member Poindexter.
CHR KANUHA: Go right ahead.
MS. POINDEXTER: Thank you, Council Chair. So this is similar tobecause I
was familiar with the housing when it was under the Catholic Charities, down in
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Hawaii County Council -31
January 22, 2016
the Kawaihae area, and was there when it was first built. In fact, I think it was
Mayor Lorraine Inouye was interim, at that time, but it sounds like it would be
similar to that, where the services would be on-site. Is that what I'm hearing,
Ms. Akiyama?
MS. AKIYAMA: Yes, that is correct.
MS. POINDEXTER: Okay, I like that motto that the services come to them.
And they don't go out seeking that service, because you are talking about
transportation and all the other things that will impact, I think, the surrounding
area as well. So I think bringing services in is a perfect motto, but I just wanted to
say that. Thank you very much.
MS. AKIYAMA: Part of the design plan includes the restoration of an existing
building that is on-site, which is where we plan to house the services. So there
will be rooms for meetings and things like that.
CHR KANUHA: Thank you, Ms. Poindexter. Are you yielding?
MS. POINDEXTER: Yes and Council Member Onishi has his light on.
CHR KANUHA: Still on first-round, Mr. Onishi. Mr. Paleka or Mr. Eagan, any
discussion? No? Okay. Mr. Onishi, go right ahead.
MR. ONISHL Susan, just one more question. So that is where Hope Services
was operating, at that building?
MS. AKIYAMA: They are currently the lessees at the friendly place property, yes.
MR. ONISHL Thank you.
CHR KANUHA: Thank you, Mr. Onishi. On to Ms. Eof£
MS. EOFF: Thank you. Susan, one other thing that came up during testimony, I
believe, and people, Mr. Kopp has raised this particular project is solely to deal
with chronic homeless. But could you give usI know, it's a little off -topic, but
just a little bit of your plans to deal with some of the homeless families and
children that are out there as well?
MS. AKIYAMA: Yes. You know, this particular project is going to be focusing
on singles and the chronic homeless. I don't think it's a good idea to mix families
with this particular population. Ulu Wini, which is right up the street on Hina
Lani Street, is actually the facility that we use to house families. So we do have a
facility that we built that tries to serve that population. Again, I think there is still
a need for more units. So we're going to continue to work at plans for that.
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Hawaii County Council -31
January 22, 2016
MS. EOFF: Thank you. I had expressed this to you before. But I'm very
interested in working with you, to see how we can expand the opportunities at
Ulu Wini, to house more families. Thank you.
CHR KANUHA: Thank you, Ms. Eoff. Council Members, any further
discussion? I'm going to take a brief moment to state my support for this. I
understand the problems that we're facing currently in this whole entire area with
regards to the homeless population. We have been trying to do something for the
last two—three years and started the chirp and a lot of different things, and the
best was housing first model and a lot of businesses supported.
It's really tough location -wise to put people in these situations, and "not in my
backyard" type of situation. And it's very tough to say it has to go there or there
or there. I don't think this is a permanent solution, I think this is a great solution
right now, currently that we have, to move forward with our current huge problem
that we have in this Kailua area, with regards to the people living on the streets. I
appreciate the administration coming through and working to finally get this
going. It's been a long time. So, I'm supportive of this. Yes, there are going to
be issues with the businesses, how much it affects them, but there is a ton of
issues that are happening right now. So that is why I can't understand that they
wouldn't be supportive of something to get them off the streets, off of their
doorways at night-time to put them in a place where they can actually sleep and
be in a safe location.
So, I appreciate everything that they have to say because I'm just glad we're
doing something. So, mahalo to you guys. And Council Members, I urge you are
support for this project moving forward. I hope that we can move this forward
quickly and just definitely address the problems that the businesses are going to
be facing and the streets, the lights, you know? Those are all of the issues that
were brought up and hopefully we can all make it work with everybody's
concerns. Mahalo to you and I'm going—move forward with the vote on this.
Council Members, all in favor of the motion to approve say "aye."
Vote on Bill 136: The motion to pass Bill 136 on first reading was carried by
(Adopted) the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
MR. ONISHL Mr. Chair? One more out of order, please.
Page 37
Hawaii County Council -31 January 22, 2016
CHR KANUHA: Sure. Go ahead, Mr. Onishi.
MR. ONISHL Resolution 362-16.
CHR KANUHA: 362-16, Mr. Clerk.
Res. 362-16: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE
OF REAL PROPERTY, OLD JOB CORPS SITE, SITUATED AT
PIIHONUA, SOUTH HILO, COUNTY AND STATE OF HAWAII,
IDENTIFIED AS TAX MAP KEY: 2-3-026:008, TO THE HAWAII
COUNTY ECONOMIC OPPORTUNITY COUNCIL
Authorizes the Finance Director to negotiate a 10 -year lease with two 10 -year
renewal options. The property, consisting of 2.263 acres, would be used to
develop a self -sustainable botanical garden, visitor center, and related uses.
Reference: Comm. 594
Intr. by: Ms. Eoff
Approve: FC -44
(Note: Comm. 594. 1, from Council Member Karen Eoff dated
January 13, 2016, transmitting proposed amendments to Res. 362-16,
was circulated.)
Motion to Approve: Ms. Eoff moved to adopt Res. 362-16 and Finance
Committee Report No. 44. Seconded by Mr. Onishi.
CHR KANUHA: Ms. Eoff
MS. EOFF: At our Committee meeting, after hearing the concern about the
length of term of the lease and to make it so that hcoc can obtain further funding, I
did agree—make an amendment. I would like to introduce that amendment at this
time. It's Communication 594.1. And it changes the
CHR KANUHA: Ms. Eoff, did you want to make a motion to amend?
MS. EOFF: Oh yes, I'm sorry. It's simple to see. It just takes out the ten-year
period and changes it to say "long-term lease."
Motion to Amend: Ms. Eoff moved to amend Res. 362-16 with the contents of
Comm. 594.1. Seconded by Mr. Onishi.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any discussion on
the amendment? Hearing or seeing none, all in favor of the motion, to amend, say
Ic aye.
Page 38
Hawaii County Council -31
Vote on Motion to
Amend:
(Approved)
Vote on Motion to
Suspend Council
Rules:
(Approved)
The motion to amend Res. 362-16 with the contents of
Comm. 594.1 was carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Now on to the main motion, as amended.
January 22, 2016
MR. HENRICKS: Mr. Chair? I'm sorry to interrupt, but it's a substantial
amendment of the resolution. It will require a rule suspension to proceed.
CHR KANUHA: Oh that's correct. If we want to proceed with discussion, we'll
have to suspend the rules, so that we can discuss this amendment today. All in
favor say "aye."
Mr. Onishi moved to suspend Council Rule 24 to waive the
holdover for the amendment on Res. 362-16. Seconded by
Mr. Paleka and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Ms. Eoff, motion as amended or resolution as
amended, any more discussion? Mr. Onishi, any more discussion?
MR. ONISHL Just asking for support. And that with this long-term lease, now
they'll be able to get more secured funding to help develop that property. Thank
you.
CHR KANUHA: Thank you, Mr. Onishi. Council Members, any other
discussion? Hearing or seeing none, all in favor of the Resolution 362-16, as
amended, say "aye."
Page 39
Hawaii County Council -31
Vote on Res. 362-16
(Adopted)
Return to Order of
Rncinecc•
COMMUNI-
r A TTnNc -
January 22, 2016
The motion to adopt Res. 362-16, as amended to Draft 2,
was carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, can we do Communication 621.
The Chair directed the Council to return to the next order of business.
The Chair directed the Council to proceed to the next order of business,
Communications.
(Note: Items in this category were taken up previously, out of order.)
Comm. 621: REQUESTS THE ACCEPTANCE OF A DONATION OF GIFT CARDS FOR
254 12 -PACK ICE CREAM CUPS, WITH A COMBINED VALUE OF
$1,546.86
From Finance Director Deanna Sako, dated January 4, 2016. Donated by KTA
Super Stores, for use by the Fire Department's Fire Prevention Bureau's
Education Program.
Waived: FC
Motion to Approve: Ms. Eoff moved to approve the donation of 254 12 -pack
ice cream cups to the Hawaii Fire Department. Seconded
by Ms. David.
CHR KANUHA: Any discussion? Just wanted to say mahalo, KTA, for the gift
cards. Thank you very much for the donation. All in favor of the motion to file
say "aye."
Page 40
Hawaii County Council -31
Vote on Comm. 621
(Approved)
ORDER OF
RESOLUTIONS
January 22, 2016
The motion to approve the donation of 254 12 -pack
ice cream cups to the Hawaii Fire Department was carried
by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 357-16.
The Chair directed the Council to proceed to the next order of business, Order of
Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 357-16: ACCEPTS THE DEDICATION OF ROAD LOTS A-1 AND B-1, BEING A
PORTION OF TAX MAP KEY: 7-3-054:044, SITUATED AT KEAHOLE
HEIGHTS, PHASE II, AT KALAOA 4TH, DISTRICT OF NORTH KONA,
ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM
KEAHOLE GARDENS LIMITED PARTNERSHIP, A HAWAII LIMITED
PARTNERSHIP
The lots contain areas of 9,018 square feet and 1.193 acres, respectively, and
would be used for roadway and drainage purposes.
Reference: Comm. 589
Intr. by: Ms. Poindexter
Approve: PWPRC-22
CHR KANUHA: Any discussion? Hearing or seeing none, all in favor say
aye.
Vote on Res. 357-16: Ms. Poindexter moved to adopt Res. 357-16 and Public Works
(Adopted) and Parks and Recreation Committee Report No. 22. Seconded
by Ms. David and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
Page 41
Hawaii County Council -31
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 358
January 22, 2016
Res. 358-16: ACCEPTS THE DEDICATION OF LOT B, BEING A PORTION
OF GRANT 3148, APANA 4 TO W. P. LELEIOHOKU, TAX
MAP KEY: 7-5-007:009 (POR.), SITUATED AT HONUAULA 1sT
DISTRICT OF NORTH KONA, ISLAND OF HAWAII, FROM KONA
HOSPITALITY, LLC, A HAWAII LIMITED LIABILITY COMPANY
The lot contains an area of approximately 1,670 square feet and would be used
for roadway purposes.
Reference: Comm. 590
Intr. by: Ms. Poindexter
Approve: PWPRC-23
Vote on Res. 358-16: Ms. Poindexter moved to adopt Res. 358-16 and Public Works
(Adopted) and Parks and Recreation Committee Report No. 23. Seconded
by Mr. Paleka and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Resolution 360.
Res. 360-16: ACCEPTS THE DONATION OF LOT 31 OF THE HAWAIIAN PARADISE
(Draft 2) PARK SUBDIVISION, BEING TAX MAP KEY: 1-5-039:267, SITUATED
AT KEA`AU, DISTRICT OF PUNA, COUNTY AND STATE OF HAWAII,
FROM HAWAIIAN PARADISE PARK OWNERS ASSOCIATION
The donation of approximately 20 acres would be used to establish a park.
The Department of Parks and Recreation must develop a master plan for the
park within two years from the date of conveyance, or the property will be
returned to the Hawaiian Paradise Park Owners Association.
Reference: Comm. 592.2
Intr. by: Mr. Eagan
Approve: FC -43
(Note: Comms. 592.3 and 592.4, from Council Member Greggor Eagan
dated January 13 and 21, 2016; respectively, transmitting a petition with
233 signatures in support of Res. 360-16, Draft 2, were circulated.)
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January 22, 2016
MR. ONISHL Thank you, Mr. Chair. I move to approve Resolution 360-16,
Draft 2, and file related Communications 592.3 and 592.4.
Motion to Approve: Mr. Eagan moved to adopt Res. 360-16, Draft 2, and Finance
Committee Report No. 43. Seconded by Mr. Onishi.
CHR KANUHA: Mr. Eagan, go right ahead.
MR. ILAGAN: Thank you, Mr. Chair. We had a long conversation in Committee
and the Council Members are fully aware on this resolution and the intent. I just
wanted to show further support with Communication 592.3 and 592.4.
With 592.3, what you have are members in the community and also in other
locations voicing comments in support of this resolution. For example, I am
going to randomly pick some; Iva Akana, "A park would be wonderful for our
children." June Conant, "This has been needed for years and it's important to
establish more support services for HPP (Hawaiian Paradise Park)." What you
have in front of you is a list of many people voicing out their support for the park.
And Communication 592.4 is a full list of people supporting the park also. So, I
just wanted to show there is support in the community and I just also want to
thank you for your support in making this happen.
CHR KANUHA: Thank you, Mr. Eagan. Discussion, Council Members? Any
other discussion from Hilo? Okay. Hearing or seeing none, all in favor of
Resolution 360, Draft 2, say "aye."
Vote on Res. 360-16: The motion to adopt Res. 360-16, Draft 2, was carried by
Draft 2 the following voice vote:
(Adopted)
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Next. Alright, Mr. Clerk.
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January 22, 2016
Res. 364-16: AUTHORIZES THE DIRECTOR OF FINANCE TO DISPOSE OF REAL
PROPERTY, TAX MAP KEY: 4-5-019:020 (TANK SITE) SITUATED AT
NAMOKU, HAMAKUA, ISLAND AND COUNTY OF HAWAII, TO THE
WATER BOARD OF THE COUNTY OF HAWAII
Authorizes the Finance Director to transfer ownership of the tank site by way of
sale at a cost of $1.00, to coordinate improvements to the water system in
Namoku, Hamakua.
Reference: Comm. 600
Intr. by: Ms. Eoff
Approve: FC -45
Vote on Res. 364-16: Ms. Eoff made a motion to adopt Res. 364-16 and Finance
(Adopted) Committee Report No. 45. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 366-16: ACCEPTS THE DEDICATION OF ROAD LOT A `GARNER
SUBDIVISION, SUBDIVISION OF PARCEL "C" BEING A PORTION OF
LOT 6, GRANT 5,014 TO H. KAHALOA INTO LOTS `C-1' TO `C-4'
INCLUSIVE AND ROAD LOT A OPIHIKAO, DISTRICT OF PUNA,
ISLAND OF HAWAII, STATE OF HAWAII, FROM GLORY M. GARNER,
TRUSTEE OF THE BERNARD AND GLORY GARNER FAMILY TRUST
The lot contains an area of approximately 0. 115 acre and would be used for
roadway purposes.
Reference: Comm. 606
Intr. by: Ms. Poindexter
Approve: PWPRC-24
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Vote on Res. 366-16
(Adopted)
January 22, 2016
Ms. Poindexter made a motion to adopt Res. 366-16
and Public Works and Parks and Recreation Committee
Report No. 24. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Resolution 370.
Res. 370-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE
ASSISTANCE DIVISION
Awards additional grant funds in the amount of $23,151 to pay for training and
updated equipment in the field of forensic science.
Reference: Comm. 617
Intr. by: Ms. Eoff
Waived: FC
(Note: Comm. 617. 1, from Council Member Karen Eoff dated
January 20, 2016, transmitting proposed amendments to Res. 370-16,
was circulated.)
Motion to Approve: Ms. Eoff moved to adopt Res. 370-16. Seconded by
Ms. David.
MS. EOFF: I have a minor amendment. There was a mistake in the final
"Whereas." So, if you could allow me to move to amend Resolution 370-16, with
the contents of Communication 617.1.
Motion to Amend: Ms. Eoff moved to amend Res. 370-16 with the contents of
Comm. 617.1. Seconded by Ms. David.
MS. EOFF: The final be it resolved statement, the word "Fire" should be changed
to "Police."
CHR KANUHA: Thank you, Ms. Eoff Council Members, discussion on the
amendment? Hearing or seeing none, all in favor of amending Resolution 370
with the contents of Communication 617.1 say "aye."
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Hawaii County Council -31
Vote on Motion to The motion to amend Res. 370-16 with the contents of
Amend: Comm. 617.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR KANUHA: Is Mr. Eagan there?
MR. ONISHL Yes, he is.
January 22, 2016
CHR KANUHA: Sorry, I can't see—had him in the screen. Eight ayes, motion
passes. On to the main bill as amended. I think this would be a substantial—even
though—one department
MR. HENRICKS: I confirmed with the Finance Department that was a typo, on
their part.
CHR KANUHA: Okay. It was a typo. Council Members, are you okay with
that being a typo? Yes? Any discussion on the main motion as amended?
Hearing or seeing none, all in favor of the motion, as amended, say "aye."
Vote on Res. 370-16: The motion to adopt Res. 370-16, as amended to Draft 2,
(Adopted) was carried by the following voice vote:
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR KANUHA: Motion passes.
MR. ILAGAN: Mr. Chair? Yes, may I have a request to take Bill 135 out of
order and also Bill 120?
CHR KANUHA: I'm just going try to go from the top, Mr. Eagan.
There were a few items that we're going to take out of order, but they were at the
top.
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January 22, 2016
MR. ILAGAN: The reason why is to be able to facilitate with the Director of
Finance. And if there are important questions on Bill 135, she is currently here to
address those questions.
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
Bill 135: AMENDS ORDINANCE NO. 14-99, WHICH AMENDED ORDINANCE
NO. 13-21, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER
PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE
OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING
QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY
OF HAWAII
Increases from $18 million to $23 million the principal amount of general
obligation bonds that may be issued by the County to repay loan costs for the
Kealakehe Wastewater Treatment Plant Aeration Upgrade and Sludge Removal
project.
Reference: Comm. 624
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 47-5, Hawaii Revised Statutes
Motion to Approve: Ms. Eoff moved to pass Bill 135 on first reading.
Seconded by Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: No, I am interested to have Ms. Leithead Todd come forward.
Because, as you know, this project has been ongoing for quite a while and we're
moving in a good direction, although if Ms. Leithead Todd can explain exactly
where we are at with this project and what are anticipated timing is to be able to
finally have reusable water out of Kealakehe.
CHR KANUHA: Is Ms. Leithead Todd in Hilo? Earth to Hilo? Hilo?
MS. AVENUE: She is not here.
CHR KANUHA: Okay, so is Deanna Sako?
MS. AVENUE: Deanna is coming forward.
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Hawaii County Council -31
MS. POINDEXTER: Yes, Deanna is coming.
January 22, 2016
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Hi. Deanna Sako, Finance Director. I'm not sure of the timing and
know they have been working on it. So, both 134 and 135 are related to increase
the appropriation. But Bill 135 is actually to borrow the SRF (State Revolving
Fund) funding, which interest rates are at an all-time low and it's less than .5
percent. And we want to take advantage of this borrowing opportunity. Thank
you.
CHR KANUHA: Any more discussion? Ms. Eoff?
MS. EOFF: No, thank you, I am in support of this, wholeheartedly.
CHR KANUHA: Any other discussion, Council Members? Hearing or seeing
none, all in favor of the motion say "aye."
Vote on Bill 135: The motion to pass Bill 135 on first reading was carried by the following
(Approved) voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes. Okay. I think that was the one,
Resolution 371, Mr. Clerk.
Res. 371-16: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$1,000 TO THE HAWAII COUNTY POLICE DEPARTMENT
Donated by the Hawaii Police Athletic Association to be used for the
Department's Hawaii Isles Police Activities League program.
Reference: Comm. 618
Intr. by: Ms. Eoff
Waived: FC
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Hawaii County Council -31
Vote on Res. 371-16
(Adopted)
Ms. Eoff moved to adopt Res. 371-16. Seconded by
Ms. David and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
CHR KANUHA: Motion passes, next item.
January 22, 2016
Res. 372-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR VOICE OVER INTERNET PROTOCOL (VOIP)
SERVICE
Authorizes the Mayor to enter into a three-year agreement with a State of
Hawaii Procurement Office contractor to provide VOIP services for up to three
County locations.
Reference: Comm. 619
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 372-16. Seconded by Ms. David.
CHR KANUHA: Any discussion? Ms. Eoff
MS. EOFF: Looks like this will save the County $29,000 over three years and it's
just to make sure that we have our voice over systems working in the County
building, and Aupuni and Civic Center. And I'm not sure anybody is in Hilo to
explain it better, but that is my understanding.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any other discussion,
hearing or seeing none, all in favor of the motion say "aye." Is Mr. Eagan in the
room?
MR. ONISHL Yes.
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Hawaii County Council -31
Vote on Res. 372-16: The motion to adopt Res. 372-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
MR. ONISHL Mr. Chair, I've got to go.
CHR KANUHA: Yes, okay. Thank you, Mr. Onishi.
January 22, 2016
MS. POINDEXTER: Mr. Chair, I have to leave, too, for my meeting on the
dengue update in Hamakua.
CHR KANUHA: Okay, thank you very much. Just for the record, Mr. Onishi
and Ms. Poindexter had memos that said they had to leave at 5 o'clock, to be able
to go to their community meetings. Now, currently, we have six members present.
Just in case we go through some capital things. So we have a super majority, still.
Okay. Mr. Clerk, Bill 79.
Return to Order of The Chair directed the Council to return to the order of business.
Rncinecc•
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
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January 22, 2016
Bill 79: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL – THREE ACRES (A -3a) TO
FAMILY AGRICULTURAL – ONE ACRE (FA -la) AT KEOPU 3 RD ,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-024:078
(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. Eagan (B/R)
Negative: PC -25 (Due to a vote of 2 -ayes, 6 -noes,
1 -absent)
Postponed: September 16, 2015
(Note: There is a motion by Mr. Ilagan and seconded by Mr. Onishi to approve
Bill 79.)
; and
Comm. 424.2: From Council Chair Dru Mamo Kanuha, dated December 28, 2015, requesting
Bill No. 79 be placed on the January 22, 2016, Council agenda.
CHR KANUHA: Mr. Eagan. Sorry, there is a pending motion. I apologize. So
we're currently on Bill 79, Council Members, any discussion? Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. This was postponed and we discussed it quite
a few months back in Committee. At that time, we had this come to us with both
a favorable recommendation from the Planning Commission. However, there was
an unfavorable recommendation from Director and department, which I went over
very carefully. This is in my district. At this point, I'm going to continue to vote
against this rezoning. I believe that the unfavorable recommendation was
important for us to understand the—and we're bound to uphold the County
Charter, the Constitution for the County. And this is out of Section 3-15 (b) of the
Charter that states no public improvement or project or subdivision or zoning
ordinance shall be initiated or adopted, unless the same conforms to and
implements the General Plan.
So, in the background report and the Director's unfavorable recommendation, he
points out, and I double-checked this with staff and read it over myself. That
being that this property is located within the important ag land within the Kona
coffee belt that this request to take it from a three acre parcel down to one acre
would be inconsistent with the General Plan and the Kona CDP (Community
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Hawaii County Council -31
January 22, 2016
Development Plan). Both of those encourage and emphasize maintaining the
important ag lands within the Kona coffee belt and we are not to use our powers
of zoning to allow urban encroachment in these areas. So that is why I'm going -
continue to vote no on this. I have had communication with Mr. Lipps and he is
not here today. So, I guess that I will yield at this time. That is my position,
though.
CHR KANUHA: Thank you, Ms. Eof£ Council Members, in Hilo, any
discussion? I know Ms. Wille wanted to have discussion, Ms. Wille.
MS. WILLE: I think the whole intent there, is to preserve land for ag use and I
was just trying to figure out if there was a way we can actually come to do
something here that would not be contrary to those provisions in the plan. The
only thing I could really come up with is that if he were willing to actually, I
think, it's an acre -and -a -half that is involved and dedicate one acre of that for ag
use where it's permanent. That would mean to do it as an easement or
development agreement or some other form and, therefore, allow a building—an
additional building would have to be on the one-half acre. I think that would
comply. And not only be preserving it for potential ag use in this area that we
want to preserve it, but we would have actually preserved it. So that was—sort of
sounded like he might be willing to do that. That would be, I think, if we were to
do that; that would be, as I read it, in compliance. We would actually set aside an
entire acre and you would have to have it where—was permanent and there was
some outside, whether it was an easement or development agreement. So that it
was something that was enforceable.
So that—was trying to actually see if out of this negative, we could turn it into
even more of a positive? And that was really the one and only way that I could
come up to ask Karen. Can youI know that is sort of adding a whole new
dimension, but just—can I get some input from you on that?
CHR KANUHA: Ms. Eoff, go ahead.
MS. EOFF: Thank you. I have had some discussions about that and I know it
sounds like a creative and interesting idea, but I'm very concerned about setting
precedent.
There are a lot of other three -acre landowners that will be looking at ways to
subdivide and rezone their parcels all over this island and especially in that area.
And I don't believe that it's wise of us to open up that precedent at this point.
MS. WILLE: Can I follow-up?
CHR KANUHA: You still have the floor.
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January 22, 2016
MS. WILLE: Even if we are doing it, and they are required to, and we are setting
a precedent that the only way that they can actually subdivide; if only—they are
not only using it for ag land, but making it has to be perpetual. That we're
making it in perpetuity
CHR KANUHA: I don't believe that we can enforce some of those ideas
through zoning. That is my understanding.
MS. WILLE: through like a development agreement or something along that
line? Duane, can you come forward?
(Note: At this time, Planning Director Duane Kanuha came forward to
address the members of the Council.)
MR. KANUHA: Duane Kanuha, Planning Director.
MS. WILLE: Yeah, so I was just pursuing that idea, that we actually required—if
he would actually dedicate a full acre of ag use? And do it and where there could
be enforced outside, whether it's a development agreement or an easement? I
know that is how, on some of the things that DLNR (Department of Land and
Natural Resources) does, you have an easement. So there is an independent
insurance. It's going on and actually not --otherwise we're saying no and we're
basically leaving these people with a big lawn, you know? Just a big lawn.
It's potential. So I'm really into that we just not do potential, but actually make it
where it does happen. And that would actually push their home and they would
have to keep it back by the shed, but we would know that we're actually ensuring
that of ag land there, used for agriculture.
MR. KANUHA: So how are you proposing this would work?
MS. WILLE: I was proposing if—number one that if—just basically put it back
in his lap. You come up with a way, whether it's development agreement or
easement with an outside entity, to enforce that.
They basically in a way lose control of that acre and it becomes used for ag. And
we know that if they are not able to come up with a valid enough way that
satisfies that actual ag use, then we would still say no? But it gives the option of
us changing something instead of saying no, because we want to preserve this as
potential ag land, and it may then be sold to someone else who can afford to keep
an acre -and -a -half of front lawn and not have any ag use? And I'm not putting on
my lawyer hat—how I would exactly write it up, but if he can provide that, it
would at least give us an option. The only precedent would say is that if you are
subdividing you have to actually give us dedicated preserved agriculture. So, that
was my thought.
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January 22, 2016
MR. KANUHA: We have had this discussion, I think, before and if that was in
fact something that was workable for Mr. Lipps, then he wouldn't need to rezone
the property. He could come in for an agricultural farm dwelling. But that did
not work for Mr. Lipps because the additional dwelling would have some bearing
on the way his mortgage was structured. So that is the way I understood it. And I
have had discussions with him and that seemed to be the issue that he had.
MS. WILLE: Well, anyway, that is what I would propose. If he could and would
do it for me, I would think that would be good. If he is unable to do it or
whatever, then obviously, that doesn't work. I yield.
CHR KANUHA: Thank you, Ms. Wille. Council Members, in Hilo, any
discussion? Okay, discussion Council Members, before I go to second round?
On to the second round. Any other discussion, Ms. Eoff? Okay. I really looked
hard at this one for a long time and trying to find a way to satisfy the needs of the
applicant, as well as the County's needs. You know, it really took a long time and
I know Ms. Eoff tried really hard and I know the Planning department really
worked with the applicant to find some way. And I think what came back was
they couldn't find a solution between either and that is why we're currently faced
with what we have in front of us.
I agree, how can it all be worked out? Maybe there is middle ground there. But,
you know, what we have in front of us is what the original document was and
it's—what the middle ground could be for the applicant, I think, which is the full
ground. So this is a tough one. I really need to highly go with the
recommendations of the Council Member and their district and who they
represent, because this is not an easy one to say no to and not an easy one to say
why to. You know, I am okay with my decision on this, and I'll just say that.
Ms. Wille, go ahead before I close it out.
MS. WILLE: My understanding, just from the brief conversations—that he
would consider doing what I said. And I know you are getting other messages, so
maybe that is wrong. I think I would postpone it and allow him to actually come
in and say he wouldn't do it, but I'm not going to stop the vote.
That would be me. I just think we would actually achieve what we are—if we
could work it out it would, for me, satisfy it. I guess from what the Planning
Director is saying that he feels he pursued some of this, I didn't get the message.
Mr. Lipps isn't here, so. Anyway, that would be my reservation.
CHR KANUHA: Thank you, Ms. Wille. Ms. Eoff
MS. EOFF: I just wanted to say that our long-range planning policies encourage
us not to increase density in these areas or urbanize. And, I think, if we're going
to change those policies, then my understanding is that we need to change the
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Vote on Bill 79
Failed
January 22, 2016
General Plan and the CDP first, rather than trying to finagle something to work. I
know it is complex and unfortunate, but that is where we have to remember what
we are doing here.
CHR KANUHA: Thank you, Ms. Wille. I guess any more discussion, okay well
I'm going to go to the vote then? All in favor, of approving of the motion to
approve say "aye".
The motion to pass Bill 79 on first reading and adopt
Planning Committee Report No. 25 failed by the following
voice vote:
Ayes: Council Members Ragan and Paleka — 2.
Noes: Council Members David, Eoff, Poindexter,
Wille, and Chair Kanuha — 4.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Okay, that is two ayes and four noes. Silence is "aye." Yeah,
Hilo, can you hear us? Mr. Eagan?
MR. ILAGAN: Yes, we can hear you loud and clear.
CHR KANUHA: Well, can I confirm the vote, two ayes?
MR. ILAGAN: Yes, that vote is correct.
CHR KANUHA: Thank you. The motion fails. Okay, Mr. Clerk, Bill 101.
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Bill 101: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE
(Draft 2) HAWAII COUNTY CHARTER (2014), RELATING TO THE BOARD OF
ETHICS
The amendments would: 1) increase membership from five to nine members;
2) decrease member's term from five to four years; 3) add council district
residency requirements; and 4) allow each council member to nominate two
persons from his or her council district to serve on the board, from which one
would be appointed by the mayor, subject to confirmation by the Council.
Reference: Comm. 494.4
Intr. by: Ms. Wille
Negative: FC -42 (Due to a vote of 2 -ayes, 6 -noes,
1 -absent)
Postponed: December 14, 2015
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County
Charter
(Note: There is a motion by Ms. Wille and seconded by Mr. Paleka to approve
Bill 101, Draft 2.)
(Note: Comm. 494.13, from Council Member Margaret Wille dated
January 21, 2016, transmitting proposed amendments to Bill 101, Draft 2,
was circulated.)
CHR KANUHA: Ms. Wille.
MS. WILLE: So, it's on the floor, 101, Draft 2. Just—quick general statement,
ethics is clearly very important to our islands resident's and it's not just a matter
of having high standards that we have worked on, but ensuring accountability for
violations that are found.
And so we really need to have the best and the best working Board of Ethics
because that is what we have and that is how we address, at the County level,
potential ethic violations. And I don't like the idea of, okay, we don't do it and
we let the State take care of—or Feds take care of it that we ought to keep our
own house clean and address them, regardless who it is, that no County employee
is above the law. This bill is really working, not in terms of let's increase the
number of members, but it's really addressing quorum. But also looking at
diversity and minimizing appointments where there would be cronies or sort of a
club group sort of so of appointed, selected all by one person, the Mayor. So, I
think the key issue of concern that we were discussing was the provision I had.
Where instead of the Mayor making the choice, that it would be the Council
Members would propose two members and the Mayor would choose that. Which
would mean, basically, in terms of going out and selecting people, you have a lot
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January 22, 2016
more selecting and offering ten people rather than one. I think there were also
issues in terms of the number of board members, and length of terms of service,
and also suggestions. Maybe it should be three-year terms where those three
years would be more than one term.
And also, the positions should be staggered—came up. One thing that Ms. David
had brought up was well maybe there would be an in between position? That if
continuing to have the members be appointed by the Mayor and shall be subject to
confirmation by the Council. But if a position is open for a certain length of time,
say three months, then a person fills that position could be appointed by a Council
Member, representing the districtencompasses by the vacancy. And again,
subject to confirmation by Council. And I think the other one issue we really
discussed was should it be nine members or whether that's a little bit unwhealding
or whether it should be seven positions. You, know, I thought the nine was good
really because it would mean that you could do one member from each district.
So, even if the Mayor was choosing it, you would have that diversity in there, so.
I did do a communication incorporating really—what, sort of, my modeling of
what Ms. David wrote and adding in some of the other. So that is
Communication number 494.13. But, I think what I should do is perhaps allow
any discussion just on the bill itself, rather than do the amendments. So you can
discuss it. But again, I feel that the nine is good. It really gets a representative
group. Honolulu, I can't remember, is it Honolulu or Maui that has nine?
I couldn't get any points of concern there. I think that in the situation here, where
the Mayor—this is one of his key jobs is to appoint members and it hasn't
happened. And in the board, where this is the only board, he has any
accountability to. So, I think having others then the one where the Mayor is in
control of the membership is important. I would like toI want to offer my sort
of compromise here, but I will yield in case others want to speak on the bill as it
is.
CHR KANUHA: Ms. Wille, I would recommend just going the amendment. I
think everybody had an opportunity to speak last time about the bill.
MS. WILLE: I didn't want to cut discussion.
CHR KANUHA: I appreciate that.
Motion to Amend: Ms. Wille moved to amend Bill 101, Draft 2, with the contents
of Comm. 494.13. Seconded by Ms. David.
CHR KANUHA: Go right ahead, Ms. Wille.
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Hawaii County Council -31
January 22, 2016
MS. WILLE: So, I just want to quickly run through this, the board members
clarified it would be staggered and positions in the later sections that would allow
how that would happen. And here, again, no member could serve more than
two terms, but anyone who is appointed for less than three years would serve
another 3 -year term and the mayor still has power to make appointments subject
to confirmation by the Council. If a position remains vacant and basically he
hasn't done it for more than three months, a person to fill the position may be
appointed by the Council Member who represents the district, subject to
confirmation by the Council. And then, again, it continues to clarify holding
meetings on both sides of the island. So it would alternate between eastside, Hilo
side, and west side, Kona. And then there are several other changes here that
were suggested by Mr. Adams, on the board just change the wording of the
"without limitations of the functions or conduct." So I think that it's good having
nine members would mean a quorum would be five.
And not where you really are making it so this would be functional and a
likelihood that they could have meetings. It really is despicable, the length of
time going out without there being any functioning ethics code on this island.
will leave it at that. If there are any questions, I urge—what would we need,
another one vote? How many more—this would have to pass another
CHR KANUHA: Well, this is going to have to go through Council again, so,
another two more timesanother month at least.
MS. WILLE: The other thing I'm asking is thatI would ask that those of us
who are here support this to move it on, so that the others on the Council would
also be able to weigh-in on it.
CHR KANUHA: Thank you, Ms. Wille. Ms. Eoff.
MS. WILLE: Can I ask Mr. Clerk a question? To amend at this point would take
five votes; right?
MR. HENRICKS: That is correct. Only the main motion to move it forward to
second reading requires a super majority. Any other motion would require—
MS. WILLE: If we did amend today, would we be required to put it off to the
next meeting anyway, for further discussion?
MR. HENRICKS: No, because you are only at the first of three required
readings.
MS. WILLE: So in order to get more Council Members' input, we actually have
to postpone it?
Page 58
Hawaii County Council -31 January 22, 2016
CHR KANUHA: It would be a greater chance
MS. EOFF: I think I understand the process. Since I have the floor, I'm just
going say that I generally support Ms. Wille's efforts to keep working on this.
And I see some things in here that I would like to support and I would like to hear
from others as well. But, I think, the amendment is an improvement in certain
ways.
I'm not sure how we would work on it if we wanted to amend with this
communication and then keep further amending it, if we worked on it later?
Okay. I'm going to yield at it time this time. Thank you.
CHR KANUHA: Thank you, Ms. Eoff, Mr. Paleka or Mr. Eagan, any
discussion? Mr. Paleka?
MR. PALEKA: Not at this time.
CHR KANUHA: Thank you. I have Ms. David ready. Ms. David.
MS. DAVID: Mahalo, Chair. Margaret, thank you very much. I read this and
it's getting a lot clearer. And I think it's incorporating a lot of comments and
discussions that we have had in the past. And I thank you for leaving the
appointment by the Mayor in.
I think that is very important, as far as separation of powers that I was talking
about, and also for including the paragraph about the vacancy, remaining for three
months. And I like that. I just have a comment for food for thought, because it
says that if it remains for three months, the vacancy, a person to fill the position
may be appointed by the Council Member. I would like for you to consider
instead of "appointed by the Council Member.", "nominated by the Council
Member." Because then the Mayor appoints and we confirm, and we don't
assume his role, we nominate someone from our district. So that would be my
question to you if we could consider by changing "appointed by a Council
Member." to "nominated". Otherwise, I think the only other issue I was looking
at would be the alternate windward—how do you see that happening?
This month's meeting in Kona and next month in Hilo? Or do they have the
option of just having an equal amount of meetings throughout the year in both
sides? Logistically, just thinking about if you have a very contentious subject -
matter and whether it would make sense to keep it where you had initially? I'm
not sure, but that is something—it's not going to make or break me. But I just
was noting the alternate.
MS. WILLE: May I respond to that?
Page 59
Hawaii County Council -31
January 22, 2016
MS. DAVID: Otherwise, you know, if you would consider those things, it's
getting there, Margaret. Thank you very much. I yield.
CHR KANUHA: Thank you. That is the first-round. Ms. Wille, if you would
like to start the second round.
MS. WILLE: Yes. I agree to change it to "nominate" and think that's actually
better wording, I sort of stumbled on that work when I realized that.
And the other thing is that, I think, that's a very good point about the alternating,
because it might be there is an ethics violation that has to do with people in Hilo
or people there. But I would still like it that there is a change, but so would I have
to work on the drafting. But I would definitely consider that a friendly proposal
and would be willing to adjust that. I know that—I heard that members on the
committee have been talking about this and it's really a good idea. Anyway, I'm
agreeable to work on both of those.
CHR KANUHA: Thank you, Ms. Wille. I definitely need more time looking
this over. I think we just got this yesterday or this morning. I really want to talk
to Corporation Counsel and a lot of different things that I need to figure out
before I want to vote on this amendment. I'm generally supportive of working it
out, so. Ms. Wille, if you would like, I think the next step do we want to
Council Members, any other discussion on this or are we just going to go for the
vote?
MR. PALEKA: Mr. Chair?
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. I would just like to point out, we have
been discussing this bill and it's a good attempt in trying to resolve what may be
perceived to be an issue with appointments of our Ethics board. But I think today
was an example of us, the Council itself. We had an opportunity to appoint two
individuals and we didn't, you know, so, we also have to look at ourselves.
Because there has been a lot of back and forth about the administration and
pointing to—that if the administration doesn't do it then we should do it? You
know, crossing over those separation of powers, shouldn't be taken lightly for me.
And I was looking forward to having an Ethics board with five, I think to me,
really numbers don't matter. We just need to get a board appointed, functioning,
and we all have to take responsibility for that because we're all responsible,
because we all have a job to do in appointments, and having this body up and
running.
So, I just wanted to say that, having heard the discussion. And thank you all for
your discussion. But at this point, I'm not going to be supporting. Thank you.
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Hawaii County Council -31
January 22, 2016
CHR KANUHA: Thank you, Mr. Paleka. We're still back on the amendment.
So, Ms. Wille, I'm going to leave it up to you. You have the last say on the
amendment, if you would like to vote?
MS. WILLE: I'm going to move to postpone. I want to make it as best as
possible and I do think it's important. And I don't think that just adding two
more—
CHR KANUHA: Before you go into discussion, you made a motion to postpone
and I'm looking for a second? Seconded by Ms. Eof£ Ms. Wille.
MR. HENRICKS: I'm sorry, before she starts, can we have a date please, or
some other signifier.
CHR KANUHA: Motion to postpone to the February 3rd, Council meeting. That
was the motion and seconded by Ms. Eof£
MS. WILLE: Let me just make sure that I can get this through and I think I
should be able to.
CHR KANUHA: Or would you like it to the call of the Chair?
MS. WILLE: Can we do to the call of the Chair, because I really wanted to get
this amendment on the agenda so that the public can see it and working it through,
that didn't happen. Let's do to the call of the Chair and if the timing is good
that is my intent and we can do it on the 3rd or do it on the 17th.
Motion to Postpone: Ms. Wille moved to postpone Bill 101 to the call of the
Chair. Seconded by Ms. Eof£
CHR KANUHA: Okay. The motion, let me restate, it was to postpone,
Mr. Clerk are we postponing the entire thing—the amendment? I need some
clarification on that?
MR. HENRICKS: When we return to this, the amendment will be on the floor.
CHR KANUHA: Okay. So we're postponing the entire bill.
MR. HENRICKS: We're postponing further action today, correct?
CHR KANUHA: Okay. If everybody is clear about that—
MS. WILLE: Yes.
Page 61
Hawaii County Council -31
January 22, 2016
CHR KANUHA: Okay, any discussion on the postponement? Hearing or seeing
none, all in favor of postponing this to the call of the Chair say "aye."
Vote on Motion to The motion to postpone Bill 101, Draft 2, to the call of the
Postpone: Chair was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: That is six ayes. Is that correct, Hilo? I just wanted to make
sure.
MR. ILAGAN: Yes, for the postponement.
CHR KANUHA: Okay, for the postponement, six ayes. So this is now
postponed to the call to the Chair.
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Yes, Mr. Eagan.
MR. ILAGAN: Clarification on Bill 79, whether you want to do a consideration
or it's actually two noes.
CHR KANUHA: Okay, Mr. Clerk.
MR. HENRICKS: If I may, I think, when you requested
clarification/confirmation from Hilo, I thought they said did you vote no and they
said yes. Am I correct, Mr. Eagan?
MR. ILAGAN: Yes.
MR. HENRICKS: You had meant to respond that you voted no as well?
MR. ILAGAN: Yes. I just want to make sure it's clarified that's what we voted.
CHR KANUHA: Okay. Mr. Clerk.
MR. ILAGAN: It is not two yes'. It is two noes.
Page 62
Hawaii County Council -31
January 22, 2016
CHR KANUHA: Okay, because the record currently shows four noes and two
yes'.
case?
So, I think we might need to have a motion to reconsider, if that was the
MR. ILAGAN: So moved and Mr. Paleka seconded.
MR. HENRICKS: I'm sorry, but only the member of the prevailing side, which
in this case was not even enough votes do anything, can make a motion to
reconsider the vote.
MR. PALEKA: But we were the prevailing side.
MR. HENRICKS: Actually, the prevailing side was the defeating of the motion.
But, that being the case, if one of these people here would just make the motion to
reconsider and there would be a second from anyone. Then, to approve that
motion, and go back, and quickly take the vote again.
CHR KANUHA: Okay, so from the prevailing side of Bill 79. May I have a
motion to reconsider?
Motion to Reconsider: Ms. Wille moved to reconsider the vote taken on Bill 79.
Bill 79: Seconded by Ms. David.
CHR KANUHA: It's been moved by Ms. Wille and seconded by Ms. David, to
reconsider Bill 79. Is that a discussion worthy motion?
CHR KANUHA: Normally it might be, but I'm thinking it's probably not.
CHR KANUHA: Okay. The only members that get to vote on it
MR. HENRICKS: Everybody does.
CHR KANUHA: Oh, everybody gets to vote got it. All in favor, of
reconsidering Bill 79, say "aye." I think that was two ayes from Hilo.
Vote on Motion to The motion to reconsider the vote taken on Bill 79 was
Reconsider: carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
Page 63
Hawaii County Council -31
Vote on Bill 79:
Failed
January 22, 2016
CHR KANUHA: So, Bill 79 has been reconsidered and let's just bring up
Bill 79. I think we have discussed this enough. This was just in clarification
wanting to get the vote correct. Thank you, Mr. Eagan, for bringing that up. I am
glad you caught that.
MR. ILAGAN: Thank you for the correction.
CHR KANUHA: I'm going to call for the vote, if that is okay with you?
MR. ILAGAN: Yes, please.
CHR KANUHA: All in favor of Bill 79 say "aye."
The motion to pass Bill 79 on first reading and adopt
Planning Committee Report No. 25 failed by the following
voice vote:
Ayes: None.
Noes: Council Members David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and
Chair Kanuha — 6.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Okay. That is six nos. We got that? Six noes and three
excused. Okay. Thank you, Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair.
CHR KANUHA: Okay, Mr. Clerk, I have no idea where we are at.
MR. HENRICKS: We are on Bill 119, Draft 2.
CHR KANUHA: Thank you, if you could bring up Bill 119, Draft 2.
Bill 119: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983
(Draft 2) (2005 EDITION), RELATING TO VEHICLES AND TRAFFIC
Adds portions of the West Hawaii Civic Center's public parking area to Article
10, Division 5, Section 24-284 (Two hour parking areas), Subsection (f), Kona.
Reference: Comm. 588.1
Intr. by: Ms. Poindexter
Approve: PWPRC-25
Page 64
Hawaii County Council -31
Vote on Bill 119
Draft 2
(Approved)
January 22, 2016
Ms. David moved to pass Bill 119, Draft 2, on first
reading and adopt Public Works and Parks and Recreation
Committee Report No. 25. Seconded by Mr. Paleka and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, next item.
Bill 123: 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 Office of Housing & Community Development (OHCD)
Facilities/Maintenance & Renovation project for $500,000 to the Capital
Budget. Funds for this project shall be provided from General Obligation
Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000).
Funds would be used for general repairs and maintenance to all OHCD housing
facilities.
Reference: Comm. 599
Intr. by: Ms. Eoff
Approve: FC -46
Motion to Approve: Ms. Eoff moved to pass Bill 123 on first reading and adopt
Finance Report No. 46. Seconded by Ms. David.
CHR KANUHA: Ms. Eoff, any discussion?
MR. EOFF: No, I just urge us to support of this. Ms. Akiyama explained to me
that it's for renovations throughout the entire island on all of their facilities. So
we need to support this, so they can take care of it.
Page 65
Hawaii County Council -31
Vote on Bill 123
(Approved)
January 22, 2016
The motion to pass Bill 123 on first reading and adopt
Finance Report No. 25 was carried by the following voice
vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, next item, Mr. Clerk.
Bill 125: 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 Honomu Park New Playground Equipment -
County project for $500,000 to the Capital Budget. Funds for this project shall
be provided from General Obligation Bonds, Capital Projects Fund - Fund
Balance and/or Other Sources ($500,000). Funds would be used for the
construction of new playground equipment at Honomu Park.
Reference: Comm. 603
Intr. by: Ms. Poindexter
Approve: FC -47
Vote on Bill 125: Mr. Paleka moved to pass Bill 125 on first reading and adopt Finance
(Approved) Committee Report No. 47. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, next item.
Page 66
Hawaii County Council -31
January 22, 2016
Bill 132: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Federal Grants — Improve Forensic Sciences account
($23,151); and appropriates the same to the Improve Forensic Services account.
Funds would be used to pay for training and updated equipment in the field of
forensic science.
Reference: Comm. 617
Intr. by: Ms. Eoff
Waived: FC
Vote on Bill 132: Ms. Eoff moved to pass Bill 132 on first reading.
(Approved) Seconded by Ms. David and carried by the following voice
vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, next item.
Bill 133: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Police Department Private Contributions account
($1,000); and appropriates the same to the Hawaii Isles Police Activities
League (HIPAL) Other Current Expenses account. Funds would be used for the
Department's HIPAL program.
Reference: Comm. 618
Intr. by: Ms. Eoff
Waived: FC
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Vote on Bill 133
(Approved)
January 22, 2016
Ms. Eoff moved to pass Bill 133 on first reading. Seconded
by Ms. David and carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha – 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter – 3.
Excused: None.
CHR KANUHA: Motion passes, next item.
Bill 134: 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 Environmental Management Kealakehe Wastewater Treatment Plant
(WWTP) Upgrade and Sludge Removal – State Revolving Funds (SRF) project
for $5 million to the Capital Budget. Funds for this project shall be provided
from SRF ($5 million). Funds would be used to replace liners at the WWTP
facility.
Reference: Comm. 620
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County
Charter
Motion to Approve: Ms. Eoff moved to pass Bill 134 on first reading.
Seconded by Ms. David.
CHR KANUHA: Discussion, Council Members? Ms. Eoff
MS. EOFF: Just to say thank you that we're going after the State revolving funds.
I think Deanna mentioned earlier that it's a very low interest rate—very low right
now. So, this is important that we keep working on the Kealakehe Wastewater
Treatment Plant.
CHR KANUHA: Thank you, Ms. Eoff, Council Members, any other discussion?
Hearing or seeing none, all in favor of the motion say "aye."
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Vote on Bill 134
(Approved)
ORDER OF
THE DAY
(SECOND OR
FINAL READING):
January 22, 2016
The motion to pass Bill 134 on first reading was carried by
the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes. Bill 135.
MR. HENRICKS: I think we got that one and 136. I think we're up to second
reading.
CHR KANUHA: Okay, we did 135 and we did 136. Bill 120.
The Chair directed the Council to proceed to the next order of business,
Order of the Day (Second or Final Reading).
Bill 120: 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 Lower Puna Lava Response Projects — Federal
Emergency Management Agency (FEMA) project for $10 million to the Capital
Budget. Funds for this project shall be provided from Federal Grants
Receivable ($10 million). Funds would be used towards reimbursable
expenditures incurred for the FEMA portion of the June 27, 2014, Lava Flow
on the northeast flank of Pu`u O`o.
Reference: Comm. 596
Intr. by: Ms. Eoff
First Reading: January 6, 2016
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 120 on second and final reading.
Seconded by Ms. David.
CHR KANUHA: Discussion, Council Members? Ms. Eoff
Page 69
Hawaii County Council -31
January 22, 2016
MS. EOFF: No, I think we discussed this last time. It's good we're getting
reimbursed.
CHR KANUHA: Council Members, any more discussion? Hearing or seeing
none, all in favor of this motion say "aye."
Vote on Bill 120: The motion to pass Bill 120 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, Bill 121.
Bill 121: 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
Reappropriates lapsed fuel tax funds from previous years to the Capital Budget.
Funds shall be provided from the Fuel Tax Increase 12-14 account
($2,070,063.90), and would be used for the projects listed in Exhibit A.
Reference: Comm. 597
Intr. by: Ms. Eoff
First Reading: January 6, 2016
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County
Charter
Vote on Bill 121: Ms. Eoff moved to pass Bill 121 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes. Bill 122
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Hawaii County Council -31 January 22, 2016
Bill 122: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
Vote on Bill 122
(Adopted)
REPORTS -
PC -38:
(Comm. 610)
PC -39:
(Comm. 610)
ENDING JUNE 30, 2016
Appropriates revenues in the Fund Balance from Previous Year — Reserved
account ($136,056.48); and appropriates the same to the Transfer to Capital
Projects Fund —Highway account. These excess fuel tax revenues collected in
Fiscal Year 2014-2015 would be used by the Department of Public Works,
Highways Division.
Reference: Comm. 598
Intr. by: Ms. Eoff
First Reading: January 6, 2016
Ms. Eoff moved to pass Bill 122 on second and final
reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes.
The Chair directed the Council to proceed to the next order of business, Reports.
(Note: Items in this category were taken up previously, out of order.)
NOMINATION OF PAULINE KE`ALA LEE LOY TO THE CULTURAL
RESOURCES COMMISSION
; and
NOMINATION OF THERESA K. DONHAM TO THE CULTURAL
RESOURCES COMMISSION
Page 71
Hawaii County Council -31
Vote on PC -38:
(Adopted)
Vote on PC -39:
(Adopted)
PSMTC-6:
(Comm. 608)
PSMTC-7:
(Comm. 608)
PSMTC-8:
(Comm. 608)
PSMTC-9:
(Comm. 608)
January 22, 2016
Ms. David moved to adopt Planning Committee
Report No. 38. Seconded by Ms. Eoff and carried
by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Motion passes, next item.
Ms. David moved to adopt Planning Committee
Report No. 39. Seconded by Ms. Eoff and carried
by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
CHR KANUHA: Any discussion? Hearing or seeing none, all in favor say
"aye." Motion passes. Mr. Clerk, could you read in the rest, 6, 7, 8, and 9.
NOMINATION OF MICHAEL L. AKAU TO THE TRANSPORTATION
COMMISSION
; and
NOMINATION OF KRIS L. K. HOKE TO THE TRANSPORTATION
COMMISSION
; and
NOMINATION OF RADFORD HIRAI TO THE TRANSPORTATION
COMMISSION
; and
NOMINATION OF WENDY DAVIS TO THE TRANSPORTATION
COMMISSION
Page 72
Hawaii County Council -31
Vote on PSMTC-6
(Adopted)
January 22, 2016
Mr. Paleka moved to adopt Public Safety and Mass Transit
Committee Report No. 6. Seconded by Ms. Eoff and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
Vote on PSMTC-7: Mr. Paleka moved to adopt Public Safety and Mass Transit
(Adopted) Committee Report No. 7. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
Vote on PSMTC-8: Mr. Paleka moved to adopt Public Safety and Mass Transit
(Adopted) Committee Report No. 8. Seconded by Ms. Eoff and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
Vote on PSMTC-9: Mr. Paleka moved to adopt Public Safety and Mass Transit
(Adopted) Committee Report No. 9. Seconded by Ms. Eoff and
carried by the following voice vote:
Ayes: Council Members David, Eoff, Ragan,
Paleka, Wille, and Chair Kanuha — 6.
Noes: None.
Absent: Council Members Chung, Onishi, and
Poindexter — 3.
Excused: None.
Page 73
Hawaii County Council -31 January 22, 2016
CHR KANUHA: Mr. Clerk, did we get everything?
MR. HENRICKS: All clear.
CHR KANUHA: Okay, may 1 have a motion to adjourn.
ADJOURN- There being no further business, at 5:48 p.m., Ms. Eoff moved to adjourn the
MENT: meeting. Seconded by Ms. David and carried by the following voice vote:
Council Approval:
coOdry CLERK
SM/slm
Ayes: Council Members David, Eoff, Tlagan,
Paleka, Wille, and Chair Kanuha-6.
Noes: None.
Absent: Council Members Chung, Onishi, and Poindexter — 3.
Excused: None.
CHR. KANUHA: We are adjourned. Thank you, Council Members, mahalo.
Have a great weekend.
OCT 05 2016
Page 74