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HomeMy WebLinkAboutMIN COUNCIL 2016/02/03 2014-2016HAWAII COUNTY COUNCIL 32nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 3, 2016 INVOCATION: Ms. Maile "Medeiros" David gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. CHR KANUHA: Mr. Clerk, Maeda, roll call please? ROLL CALL - Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie Poindexter, Vice Chair Mr. Aaron Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member (came in later) Mr. Danny Paleka, Member Ms. Margaret Wille, Member CHR KANUHA: Mr. Onishi will be arriving close to 9:30. He is currently hosting several exchange students from Korea. So he is sending them off this morning back home, I think he had them for close to 15 or 17 days. So he might not be in a good mood this morning, just kidding. He will be joining us a little late. Mr. Paleka, do you think you could 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, Mr. Paleka led the Council in the Pledge of Allegiance.) CHR KANUHA: Mahalo for that. I think we have a certificate from Ms. Eoff. Would you like to present your certificate? Hawaii County Council -32 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Recess: Reconvene: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS February 3, 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 Eoff presented a Certificate of Merit to Cadet Major Joshua Myrick in recognition for his accomplishments and named Cadet of the Year by the Hawaii Wing of the Civil Air Patrol.) At 9:13 a.m., the Chair called for a recess. The meeting reconvened at 9:16 a.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: Gerald De Mello: (representing Historic Honoka`a Steering Committee) Yolanda Faith Martin Keehne Res. 378-16 (Comm. 641), in support. Res. 378-16 (Comm. 641), in support. T. Mahealani Maiku`i: Res. 377-16 (Comm. 640), in support. (representing Ha Ola o Waipi`o Valley) Irene Nagao: Res. 375-16 (Comm. 637), in support. (representing Going Home Hawaii) Debbie Baker: (representing Kailua Village Business Improvement District) Bill 136 (Comm. 632), comment. Les Estrella: Res. 375-16 (Comm. 637), in support. (representing Going Home Hawaii) CHR KANUHA: Mahalo for your testimony. MS. WILLE: Is he staying for when we discuss that? CHR KANUHA: Sure. We're going to discuss this sooner but if you could stay, if there are any questions. Thank you. Is there anybody else wishing to testify on agenda items here in Hilo or at the other sites, please let me know. Hearing or seeing none, I'm going to close public testimony and move on with the agenda, if I could have a motion to approve the minutes of March 4 and March 18, 2015? Page 2 Hawaii County Council -32 February 3, 2016 APPROVAL OF The Chair directed the Council to proceed to the next order of business, MINUTES: Approval of Minutes. Motion to Approve: Ms. Poindexter moved to approve the Minutes of March 4 and 18, 2015. Seconded by Ms. David. CHR KANUHA: Any discussion on approval of minutes? Hearing or seeing none, all in favor say "aye." Vote on Motion to The motion to approve the minutes March 4 and 18, 2014, Approve Minutes: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha — 8. Noes: None. Absent: Council Member Onishi — 1. Excused: None. CHR KANUHA: Okay. Before we get to the nominations, since we have a few, I would like to go to Resolution 375, if that's okay with the Council. Okay, Mr. Clerk, 375. 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: Res. 375-16: 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 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 637 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 375-16. Seconded by Ms. David. CHR KANUHA: Mr. Paleka, go right ahead. MR. PALEKA: Thank you, Chair Kanuha. This resolution was made to support the beginning steps of the stepping up initiative that we approved a resolution for. Page 3 Hawaii County Council -32 February 3, 2016 The aim is to get the program started in trying to reduce our mental health inmates and try to reduce the recidivism rate. And working with the going home consortium, I believe they have a good grasp. The board is very well very knowledgeable and a good consultant. So I'm hoping that this, you know, helps us. I would be remiss if I did not say that I have submitted a petition to the Board of Ethics, in regards to the stepping up initiative. We have done an application to travel and become a part of the stepping up initiative. It's based on their approval, but that is coming up. I posed the question to our Corporation Counsel and they recommended that I pose the question to the Board of Ethics. So, in trying to be forthright, that will be coming up. But just to let my colleagues know that I have posed the question. If you have any questions regarding this, you can ask me now or if you want to go ahead and approve the CRF (Contingency Relief Fund). The question I posed is the stepping up initiative, they do offer a travel stipend to applicants who have applied to participate in the stepping up initiative. That includes a travel stipend. So my question was, is that an ethical violation to receive a stipend to travel for the purpose? Because I am one of the individuals that wanted—one of the legislators that introduced and took part in the resolution to be part of the team that goes up, if selected. We're just applicants. I just wanted to be clear. I did pose a question to Corporation Counsel and they have recommended I put it to the Ethics board. That's where it's at. In terms of the CRF, at this point, I do not believe there's any conflict because the second act hasn't occurred. So just to let you guys know. I am still going to urge your support for this, mahalo. CHR KANUHA: Thank you, Mr. Paleka. Yes, the Ethics Board will hear that petition when it does come up. On the resolution, Mr. Eagan? MR. ILAGAN: Thank you, Mr. Chair. All I have to say is that we need advocates up there on the Federal side. If the money is going to support traveling so they can advocate for what we're trying to do. Isn't that why we're supporting funding going home, so they can be able to get more funds here for the County or the State. And I don't see an ethical dilemma in this situation because what we're trying to do is support the stepping up initiative and for us to be really effective. We need to go to where the decision makers are going to be and why not send our biggest advocate, which is a person who has the experience and who have actually worked in that type of situation and, also, is working closely with our nonprofit. So that's what I stand on and I just want to share my opinion with the rest of the Council. Thank you. Page 4 Hawaii County Council -32 February 3, 2016 CHR KANUHA: Thank you, Mr. Eagan. Ms. David? MS. DAVID: Mahalo, Chair Kanuha. So I just needed to clarify my understanding. The CRF request in this reso is separate, I agree. So your question is, once the selection is made, whether and if you're selected, whether your stipend being paid from the contingency funds that you're going to give with this resolution. Is that the potential conflict that you're using those funds? MR. PALEKA I did not see a conflict. It was based on the recommendation. MS. DAVID: Right, so that's the question you're asking, right? If there would be any question about— CHR KANUHA: Ms. David, I don't want to try to steer this but I really want to just focus on the resolution. Mr. Paleka is talking about something that is related to that but it's something that's not before us as a board. MS. DAVID: It will come later. I just needed to understand what his concern was that he raised. So in my mind, I would know what that was. I yield. CHR KANUHA: I`ll let you go, Mr. Paleka, right after Ms. Wille. MS. WILLE: I think these are separate questions. We should address this contingency fund and do that. If we want to discuss the other, let's do that separately. We're giving the money for this—totally separate and I don't feel that we ought to get into the other issue. CHR KANUHA: Ok, Ms. Wille. I completely agree and I just wanted to get away from that separate issue. Mr. Chung. MR. CHUNG: Yeah, I just wanted to support your decision, Mr. Chairman, because we're really getting off the track. We actually have a nominee from the Board of Ethics and we're starting to talk about the merits of this thing. All Mr. Paleka wanted to do was apprise us of what the situation was and we should leave it at that. MR. ONISHL Just to kind of follow up on what Ms. David was mentioning. I think, bottom line is what would this $5,000 be spent for? And we can ask that question. So that's my question. What is this $5,000 that if we approve for contingency funds is going to what? CHR KANUHA: Thank you, Mr. Onishi. Mr. Paleka, if you would like to respond. Page 5 Hawaii County Council -32 February 3, 2016 MR. PALEKA: May I bring up Les Estrella to explain? Thank you, Mr. Estrella. Sorry, if you didn't expect this. CHR KANUHA: Mr. Paleka, I'll just give it back to Mr. Onishi and maybe he can ask a question. MR. ONISHL Mr. Estrella, thank you for coming up, you can introduce yourself. I guess, the first question would be, who is the applicant and where the funding is going to go? And then, the second thing is where or what the funding is going to be used for. (Note: At this time, Les Estrella came forward to address the members of the Council.) MR. ESTRELLA: Yes, Les Estrella. The funding will actually be used to prepare us to apply the in -reach and reintegration program that we're working on now, to address the overcrowding. Many of the steps that is already in the toolkit from the national initiative for stepping up, this is where we draw it upon. There's much work to be done. First steps are to get prevalence data from the state, which is not an easy task. We have been working together with Dr. Mark Mitchell, who is, I believe, he's the coordinator for the mental health with the prison. And we are working with Warden Peter Cabreros and also I have met with the area board for the mental health providers here at the mental health division. Gathering all of this data is our first step. The other one is convening meetings with all of the stakeholders and those take coordination efforts too. All of the consortium members, as well as the board, are all volunteers. We have to also look at the contracting. We have contracted a grant writer from a previous grant we had for the County. MR. ONISHL Thank you. Well my question was just that, so okay, the money is going for expenses, like say, to organize this nonprofit group? MR. ESTRELLA: We have monies for organizing already. MR. ONISHL The $5,000. MR. ESTRELLA: Yes. The $5,000 will be used directly for the in -reach and reintegration program initiative that we're doing. MR. ONISHL That's totally different from what we've been hearing about the lobbying to go up to, I guess, Washington, D.C. MR. ESTRELLA: Yes, it's totally different. Page 6 Hawaii County Council -32 February 3, 2016 MR. ONISHL Okay, thank you very much. CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille. MS. WILLE: I wanted to express my appreciation. And in the future, if we have contingency funds, you can talk to my office. And, I mean, the way I ended up getting moving from teaching to becoming a lawyer was running programs such as here in Vermont, where the volunteers were attorneys in Vermont. And, you know, as we look at homelessness and crime and different issues and where money can best be spent. It really is helping, in my view, a lot targeting it to support systems for those who are getting out of prison. And break that cycle where they do have opportunities for jobs or other issues and not, well there's no job for me, the only way I can make money to take care of my family is drugs. Then they end up going back to prison. Just want to express my appreciation. CHR KANUHA: Thank you, Ms. Wille, any other discussion? Mr. Paleka. MR. PALEKA: I believe the funds are going to go to case management starting that. Also, it's not anything to do with going over to Washington, D.C. If we do get selected, it comes from a separate organization, so. But I do want to support this. We've got to get started on this mental health issues. Ms. Nagao's story about her daughter and having worked many years in there, I've seen—it's notI don't want to classify them as vulnerable or disadvantaged. They're just circumstantially challenged. There were people in my life that gave me one second chance and that's what it's all about. Getting services in one place for inmates and people that were incarcerated, nowadays, they don't get the support. They're the last on the list and that's not to knock that but, you know, sometimes the priorities are more for people that are doing well. And helping our kids get scholarships and all of that, it's all good but let's not leave certain set of our community behind. So, I ask for your support, mahalo. CHR KANUHA: Mahalo, Mr. Paleka. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chair. I also want to say we're doing the right steps because in the beginning we supported a resolution to support the stepping up. And now, we're funding the program that we're supporting. So we're talking the talk, walking the walls, and we're actually following through with what we're saying. So I do appreciate Council Member Wille, who is just stated that she's willing to give some of her money to support. So I would, right now, take down her phone number and contact her. And make sure you call her office right this minute. But, I just wanted to say thank you to Page 7 Hawaii County Council -32 February 3, 2016 the Council for allowing funding to the going home to support this stepping up initiative. CHR KANUHA: Thank you. Ms. David. MS. DAVID: Yes. I just wanted to say, Mr. Estrella whole-heartedly supported this program. Always have. And I want to just thank Mr. Onishi for clarifying my question and that's what I actually needed to know, so, mahalo. CHR KANUHA: Mahalo, any other discussion? Okay, hearing or seeing none, all in favor of the motion say "aye." Vote on Res. 375-16: The motion to adopt Res. 375-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Return to Order of The Chair directed the Council to return to the order of business. Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. 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 Postponed: January 22, 2016 (Note: There is a pending motion by Ms. David and seconded by Mr. Onishi to approve Comm. 626.) (Note: At this time, Executive Assistant to the Mayor Charmaine Shigemura and Nominee G. Rick Robinson came forward to address the members of the Council.) Page 8 Hawaii County Council -32 February 3, 2016 CHR KANUHA: Thank you very much. Just briefly want to say sorry we couldn't get you on board the last time. We tried really hard to, but ran a little longer than expected. Council Members, again, for the record, I will be recusing myself from this discussion and vote on both Board of Ethics nominees because I have a pending case before the Board of Ethics. As an FYI to you and to the commission members, but I will still be running this meeting. Open for discussion—before I open it for discussion, Mr. Robinson, if you would like to briefly introduce yourself. MR. CHUNG: Thank you, Mr. Chairman. Just, you know, first a point of information with regard to your recusal. What does that have to do with Mr. Paleka? He just stated that he has a matter before the Board of Ethics, as well. I, quite frankly think, the both of you can actually vote, yeah. And I know you guys—you're airing on the side of caution. But, you know, in as much as you've taken that position, I just want to know how does that affect Mr. Paleka? CHR KANUHA: Thank you for the question, Mr. Chung. You know, as you just stated exactly for myself, personally I thought in abundance of caution, you know, just airing on that side was the best for myself. I can't speak for Mr. Paleka or anybody else who has that position, but that was just my take on it. Just being cautious, thank you. MR. CHUNG: Thank you. CHR KANUHA: All in favor, of the motion to approve, say "aye." Vote on Comm. 626: The motion to confirm the appointment of G. Rick (Approved) Robinson to the Board of Ethics was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Wille – 8. Noes: None. Absent: None. Excused: Chair Kanuha –1. CHR KANUHA: Thank you and congratulations. Recess: At 10:16 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:19 a.m. Page 9 Hawaii County Council -32 February 3, 2016 Comm. 654: NOMINATION OF DARNEL "PILI" KALELE TO THE BOARD OF From Mayor William P. Kenoi, dated January 28, 2016, submitting for the Council's review and confirmation the above nomination. Waived: FC Motion to Approve: Ms. Eoff moved to confirm the appointment of Darnel "Pili" Kalele to the Board of Ethics. Seconded by Mr. Paleka. (Note: At this time, Executive Assistant to the Mayor Charmaine Shigemura and Nominee Darnel "Pili" Kalele came forward to address the members of the Council.) CHR KANUHA: We're going to call for the vote. All in favor, of approving Pili Kalele to the board. Vote on Comm. 654: The motion to confirm the appointment of Darnel "Pili" (Approved) Kalele to the Board of Ethics was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Wille — 8. Noes: None. Absent: None. Excused: Chair Kanuha —1. Recess: At 10:37 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:46 a.m. CHR KANUHA: Coming out of recess and moving on with the agenda. We have director of Housing, Administrator Akiyama here. So, I would like to take one out of order. We'll go with Bill 136. 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: Page 10 Hawaii County Council -32 February 3, 2016 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 First Reading: January 22, 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 136 on second and final reading. Seconded by Ms. David. MS. EOFF: Thank you, Mr. Chair. I'm going to ask Housing Director Susan Akiyama to come forward. Good morning. Would you like to add some information to us today? I know we may have questions, but if we could hear from you first would be good. (Note: At this time, Housing Director Susan Akiyama came forward to address the members of the Council.) MS. AKIYAMA: Good Morning, Council Members. My name is Susan Akiyama and I'm the Administrator for the Office of Housing and Community Development. So, thank you for giving me an opportunity to update you all on some of activities I've been engaging in since the last time I spoke before you, regarding this bill. I've been doing a lot of outreach to our business community about this project and to get input from them. You know, I heard very clearly the concerns that they shared the last time. I spent some specific time with each individual business that surrounds the Friendly Place campus last week. And I am really happy to report that while I heard very similar concerns to what the testimony that you've been hearing. I feel that, 100 percent when I walked away from the table. After I shared some of the changes that we're going to be making at the campus, not just the building of the 32 units but the way we're operating the facility, there was a sigh of relief and definitely a willingness to work with me, as we move forward. It was interesting because more than the concern that we're building the 32 units as a long term housing option, for the chronically homeless individuals, they were Page 11 Hawaii County Council -32 February 3, 2016 more concerned about the hours of operation and I can see why. Because of the effects that the clients have on their businesses, especially those that are right outside of the entrance to the facility, is because the facility is not open 24-7 right now. I am in the middle of an RFP (Request for Proposal) for an operator to deliver a certain list of services for this population, but in addition to be open 24-7. And I think that was the point that the businesses heard very loud and clear. They told me that they think that's going to do it. But, I think, what I have to continue to do is promise to continue to meet with them. So I'm expecting that barring any kind of protests on my procurement and things like that, I should have contracts in place in March. So I want to have myself and my staff to go back out to them and follow up, maybe after a couple of months. To see that the change in the operations is actually having the positive affect that we think it's going to have. I was very happy. And, of course, I'm also meeting with the business leaders, some of which you've heard testimony from. I met with them most recently yesterday and I think we're able to make some head way, so I will continue to do that. You know, this governor's emergency proclamation that's giving me the opportunity to speed up this project exempts us from a lot of things. But it doesn't exempt us from safety. And so, you know, I want to be a good neighbor. The County wants to be a good neighbor in this community. So, we're going to continue to work with the businesses to make sure that happens. MS. EOFF: Thank you for that and I believe the success of the project will hinge on how good of a neighbor we are. I'm sure keeping close tabs on what's occurring, once the contractor is selected for running the facility, you will make sure that the issues are addressed timely. And, I think, that's the best thing we can do. I'm so glad that we are doing something finally tangible. Because we have been discussing our problems with homeless wandering around in our parks and in the Kailua Village and how can we help provide better services to them. This is the best solution. I'm glad that we were in the position to act fast when the Governor did issue the emergency proclamation. I'm going to say thank you for your work on this and I trust that you'll continue to work with the businesses and the surrounding shops owners. Thank you, Susan. MS. AKIYAMA: Thank you for your support. CHR KANUHA: Thank you, Ms. Eoff. Ms. Wille. MS. WILLE: Yes. I want to also—Susan, thank you for going out there and doing that outreach with the neighboring businesses. You know, I think that our Page 12 Hawaii County Council -32 February 3, 2016 success here is going to bode well for future projects and if we don't do this well and integrate, then it's if we're going to have a real challenge and uphill the next time you come in. And we want do something and we all recognize this doesn't address the whole problem. This is like—take one step and, you know, like Dr. Kopp coming in with his sort of different models and trying to target how do we do different groups. Really, I want to express my appreciation—sort of working on how we integrate and how I think that you're saying. And I will be back. I know this is dealing you—addressing the 24-hour issue. And then I'm going to be there for you. Let's work through this, as a neighborhood is really the optimal way and I really want to see it succeed and not be oh dear, you know, no. So, thank you. CHR KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I wanted to echo Ms. Wille's sentiments. I mean, she pretty much said whatever I wanted to say. You know, I recently attended the community alliance partners meeting, that was held about a week ago. And, you know, I really do apologize. I wasn't here in attendance when the vote was taken on this measure in Kona. And I had some questions with regard to the concerns raised by the neighbors in this area. But Susan, at that meeting, answered them all. She talked about the outreach. She went business to business as much as she could and really explained the benefits of this program and what it meant. Another question that I had was to do with wrap around services. You talked about that right, that you guys do intend to have such services in place and that's real important. And the last thing I wanted to know was what kinds of measures we would put into place to try to integrate these people, who will be occupying the units, into the workforce in as much as it's going to be located in a commercial area. She answered that. That's always their approach but of course, it begs the question, too, as to who is going to be doing the screening. So, whoever you select as being that contractor is going to be of the utmost importance, I think, if that person is involved in the screening process, maybe not, I don't know. But that's real important. I'm going to tell you why. This is really one of the first times we've had to talk about homelessness on this Council. Even if homelessness right now if you look at all of the public opinion polls, it's the top issue in the state. You know, garnering about 20 percent of the public's interest in terms of importance and, you know, I'm going to give you guys my feelings on this. I think you know Danny has been in attendance at those homeless CAP meetings. Greggor has been there, sent a representative the last time. Fresh, I'm sure others here and their respective districts. I believe that the reason why homelessness is Page 13 Hawaii County Council -32 February 3, 2016 the top issue in our state, it's not merely because of everyone's desire to help. It is. I mean, everybody wants to help those less fortunate. There's no question about it but it's become a problem. That's why it was real important for you, Susan, to make that outreach because it's become a problem for a lot of the business owners. It impacts our economy, it impacts our jails, our health care system, and it impacts our self-esteem, really, as a community. But it's not just a matter of helping, we cannot just give, give, give. We have a certain segment of our community who is working on that and you've seen it. Faith - based organizations and most of the cap, they're based on a desire to help. But, if we're going to set a public policy it's not only helping we have to look at things very broadly. We have to look at law enforcement. We have to look at legislation. Maybe creating tax credits for businesses and things, who are willing to either step up to do things. But it's going to be complex. We all know that. I'm just really happy that you're involved in that and the Mayor's task force, with Clarice and those guys are doing a real good job. I wanted to recognize them too. That's a fantastic first step in getting this thing moving toward a real sensible public policy relating to homelessness. Whenever we come up with—it's not going to be perfect, we know that, but we got to do something. This is going to be a work in progress. We're going to be learning as we go along with what we've got to start doing it. It cannot only be based on desire to give, give, give, because now, we get into a real slippery slope. I just wanted to share that perspective with my colleagues because at some point, we're going to have to come up with something real solid. And I like, actually, Dr.I don't know how you pronounce his name? Dr. Kopp, he gave a presentation. Last time we saw him here in the Council he was kind of angry at us but he gave a realI wasn't in there either. I was talking to somebody outside in that room but I got a debriefing as to what his proposal was. And actually, might be something which should look at. It's a real more grandiose proposal. We just got to find the money for something like that. MS. AKIYAMA: I want you to know that I've been in contact with Dr. Kopp and working with him and sharing some ideas, things like that, so I'll continue to do that. Thank you. MR. CHUNG: Good. Thank you so much, Susan, for your hard work on this one. CHR KANUHA: Thank you, Mr. Chung. Mr. Onishi? Ms. David? MS. DAVID: Mahalo, Chair. Well, I'm not going to repeat everything that my fellow Council Members have said. Susan, about your efforts, I want to just commend and thank you. From our last meeting in Kona, you have done an Page 14 Hawaii County Council -32 February 3, 2016 outstanding job in trying to address everything, the concerns that were raised, and you continued do that. So all I want to do is really commend and thank you for taking on this very, very sensitive and difficult issue. You're doing a great job, so. Mahalo. CHR KANUHA: Thank you, Ms. David. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I've just got a couple of questions. One is who are you folks going to be targeting? Will it be like homeless families or individuals? MS. AKIYAMA: For this particular project, it's going to be the chronically homeless individuals. You're familiar with our project up on Hinalani Street, Uluwini. We've been utilizing that project to serve our families. This particular project, we're going to focus on individuals—chronically homeless. MR. ONISHL By doing that, you'll have providers there to service these people? MS. AKIYAMA: Yes, right, so the RFP that we have out right now, for an operator for this campus. And when I say campus, I mean the emergency shelter that exists right now, the Friendly Place, and the upcoming micro units. MR. ONISHL That sounds much better when you say campus, instead of like a permanent homeless shelter. MS. AKIYAMA: Yeah. So the operator for this campus is currently being procured right now. Part of that model includes them bringing in partners to provide services because there's so many different components and areas of expertise that's going to be required to serve the population. We've listed in the RFP certain criteria or certain services we want to see, but they will have to bring in partners on site to help provide these services. MR. ONISHL What about security? MS. AKIYAMA: Security is also a part of the operational plan. MR. ONISHL I remember at the last meeting, one of the business owners mentioned about, I guess, those people fight there sometimes and security cannot really handle them because they're not really police officers, right. So it's harder for them. So they have to call the Police Department, right? MS. AKIYAMA: Part of the proposal that the operator will be submitting will include how they are going to manage this. Page 15 Hawaii County Council -32 February 3, 2016 MR. ONISHL Then the bottom line is funding. Will you folks have enough funding to get this project done, like, how it's supposed to be or is it going to be like partially funded and as we go, you guys are going to add more money? MS. AKIYAMA: So while we are procuring for the service side and an operator, we are also now in the middle of a bid process, too, for the design and the construction of the actual 32 units. So I won't really know until the bids come in, I mean, I think, we all kind of have a sense that the construction industry, the prices have been climbing and things like that. So I won't know until the bids come in, but that's going to be next week. So, you know, and part of this design like I told the Council the last time, we did opt for some designs that made these units portable, so it can be moved in the future. Costs a little more money, but I think it's worth the investment. We'll have to wait and see. MR. ONISHL In case you find, maybe, some State land someplace else that you can maybe put the homes in. MS. AKIYAMA: Right. MR. ONISHL Yesterday we talked a little and you talked about maybe the landscaping. Is that in that bid that's going to be going out? MS. AKIYAMA: It is not a part of the construction bid, no. I will have to do that separately. But, you know, some people think that landscaping is not part of operations but, I think, it's part of us being a good neighbor. MR. ONISHL Yeah and for example, the one when we're talking about Haihai and Ainaola, that property. We didn't want to make it just buildings there. We wanted to make it more like a family. Like a campus, right? MS. AKIYAMA: I realize that right now, when you're coming up on Pawai towards the facility, all you see is chain link fence. So it's not a pretty site. So we are going to be working on that. It's not a part of the construction bid, but we are going to be addressing that. MR. ONISHL So, is it possible to add that in on the bid or is it too late? MS. AKIYAMA: You know I've been talking to some of our business community and I have the indication that there are some businesses that are willing to help—to kokua. So I haven't finalized any of that but I'm kind of moving in that direction. Page 16 Hawaii County Council -32 February 3, 2016 MR. ONISHL Main thing it's put in the beginning when the design is made, so that way they know where everything is going to be, right? So, that's the main thing. MS. AKIYAMA: Yes. Nice signage and it will look nice. MR. ONISHL We don't want it to look like a prison or something like that. Okay, thank you. CHR KANUHA: Thank you, Mr. Onishi. Mr. Eagan. MR. ILAGAN: Thank you, Chairman. I wasn't going to say anything specifically but Council Member Chung mentioned Dr. Cliff Kopp. I have actually been talking to him. The last time I spoke to him he was doing an island -wide walk regarding the attention of the project he's working on. I had a long conversation with him. And at the end of that conversation, what really brought my attention of the reason why he's doing it. It's for the homeless. Taking on an impossible task that nobody else normally would want to take on. With you he also was trying to get a direction of where the County is going in the sense of, are they willing to support him on this project or not. Because I guess he's feeling like he's getting the run around, regarding the County. And I was trying to get an understanding of where are we on his project. I was trying to get some back information of how many shelters are there in the island. You can explain a little bit of what he's trying to do because from what I understood, he wants to make a shelter of 300 beds. And since you've been talking to him, also, is that the accurate picture of what he's doing? Instead of housing, he wants shelter? MS. AKIYAMA: That is my understanding. I've had one meeting. I've talked with Dr. Kopp several times, but I've only had one meeting with him where we actually sat down with his design and looked at it. I think you're correct. I think it was somewhere in the neighborhood of 300 plus beds. I asked him to come back to me to with, really, a clear list of items that he is requesting from the County. Because, to be really honest, I wasn't really clear if it was land, if it was funding, and he also came in to the Mayor's task force and the cap meeting to share his plan. I think there were a lot of questions from the agencies, as well, about the types of services that he was going to try and connect to the facility. So he has a plan and a drawing, but I don't think he's taken that next step to really engage all of the agencies to provide the services. So, like all of us when we come up with plans like this, I think, he still has some steps that he needs to take to engage the full scope of his plan. So I'm kind of waiting to hear back from him. I also heard that he was making a second walls around the island. Page 17 Hawaii County Council -32 February 3, 2016 MR. ILAGAN: Only if he doesn't hear where the County is going. So what he told me is that he has a location on the Kona side to make this happen. And it's not funding he's needing from the County. Because he's looking to do it in a private way, as they can do it faster and cheaper instead of the County putting all of the monies. So, he just needs support. And I'll set up a meeting with you and him and let's talk a little bit more because I found some things and I'm not sure of how to help him just yet. Because he told me he's doing this walk to bring awareness of what he's trying to do. And he'll do another walls if he's not getting the attention or the support, or just not necessarily the support. He just wants an answer from the County. Are they wanting to support him or not? He feels he's being put in this limbo situation. MS. AKIYAMA: I think a meeting might be good. Because I'm sitting here thinking that I'm waiting for him to come back and that was based on my last telephone conversation with him. So it wasn't very long ago. Maybe two weeks. MR. ILAGAN: I talked to him, like, yesterday. I'm glad that Council Member Chung brought his name up because now we had this meeting and hopefully we can figure out a solution. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Still on the first round, Ms. Eoff, did you speak yet on the first round? Mr. Chung. MR. CHUNG: Thank you. You know, I recognized the efforts of Susan, as well as the Mayor's Task Force with Clarice. But, also, wanted to recognize Amy Self, who's sitting back there, Deputy Corporation Counsel. She's been very passionate in her advocacy of these various initiatives and I know she's been a great support to all of you. So just wanted to thank you, Amy, for all of your hard work in this regard. Since we're getting off the topic, I wanted to mention something else. I met with this guy, Jeff Gomes. Maile gave a presentation to his parents a few weeks back. He has a really good model, something that could be integrated into this entire plan. I don't know whether you guys know about it? It's called the albizia initiative or something like that. It was in the news, in our local papers. But what he is envisioning is doing something with all of the albizia trees. He's a woodworker. Marvelous woodworker at that. And, you know, he's looking at getting some land outside of the urban core to manufacture different items with albizia. And he wants to train and employ the homeless population. And using the wood, he also wants to have them build homes or maybe little units for them to stay. So everyone can stay on the work site and do different things. And then he has these marvelous stories of how people who are actually homeless before, got training in different areas, and then became very successful later on. Page 18 Hawaii County Council -32 February 3, 2016 And that was his motivation. So it's pragmatic way of doing it. I don't know if it's practical. I don't know if it can be done but I think it's something worth pursuing. And what it does, too, maybe this is politically incorrect, but a lot of the residential population here. These are the people we need to support our war on homelessness. They believe we should do things to get the homeless population out of the urban core. I've heard that a lot. You know they believe, also, that a lot of these places that feed the homeless are really doing a disservice. I mean, we know they're doing it from the heart. But it's creating a problem and in order for us to really win this war we need everyone's support, especially those guys who are going to be giving up their money, you know, to subsidize these things. So I'll just throw that out there too. That's why, if you can maybe talk to Jeff Gomes or at least look into his ideas. Thank you. MS. EOFF: I just wanted to say that although we do know we need to help the homeless families and the children, this particular opportunity only allows us to focus on the chronic homeless individuals. Correct. MS. AKIYAMA: The parameters of the declaration. That's correct. MS. EOFF: Thank you. It's not that we're ignoring any other part of the big picture. But for now, this is what we're focused on. MR. PALEKA: Thank you, Mr. Chair. Susan, thank you. I just wanted to bring up the cap meetings. One of the observations I made during those meetings was everything was somewhat in place. Everybody had the good ideas and now, it's finally nice to see that being implemented. Regarding that implementation, the land acquisition, we have $280,000, correct? MS. AKIYAMA: You're speaking about this particular project? MR. PALEKA: Yes. How much land are we talking about? MS. AKIYAMA: I need to look at that document that you're looking at. Because the property that we're building this facility on is County land, it was previously used as a base yard. So, I don't know if that's just an estimated value. MR. PALEKA: Or it has prior funds allotted, not elapsed on the project data financial impact statement sheet. So, I wanted to get kind of a sense of how? MS. AKIYAMA: Oh, that may have been the original request form. Maybe it was valuing the property that we're at, yes. This is the base yard that used to be the DPW (Department of Public Works) and Parks (Department of Parks and Recreation) base yard. Page 19 Hawaii County Council -32 February 3, 2016 MR. PALEKA: Okay, but this allocation of funds. So, it's been expended already? MS. AKIYAMA: No. We ended up not spending this money on the acquisition because it's County land. So this is a budget, I think, at the time, we were anticipating doing this. MR. PALEKA: So we're just approving the bond and those proceeds from the bond issuance is going to pay for the land? That's what it seems like, I'm sorry. MS. AKIYAMA: No, it's okay. Like I said, the original appropriation for $650,000, I think that's the column that you're looking at. When that was done last year, as we were planning this project, we were anticipating perhaps having to do that. And as budgets are, you know, we ended up utilizing what is currently the base yard. So most of the money that we're asking for is going to be used for Construction on-site work; infrastructure. MR. PALEKA: Okay, if we're looking at that same impact statement, it has the construction as 343. But for thisoh, I see. So for this fiscal year an additional $650,000. MS. AKIYAMA: Yes. MR. PALEKA: Okay. Let me think about that. I'll yield. CHR KANUHA: Thank you, Mr. Paleka, Council Members, any other discussion? Okay, just briefly, mahalo for doing that extra work with the community. It really helps out a lot to know that you guys did that follow through with them because they did have a lot of valid concerns, and rightly so. But I'm glad to be moving forward with this project. Let's see it happen soon. Council Members, okay, finish it off for us Mr. Eagan. MR. ILAGAN: Just a brief thing—three sentences. It's off topic, regarding Jeff Gomes. I just want to make sure that Mr. Chung was aware that I've actually been meeting with him also and I've been bringing him to Research and Development to figure out funding sources. And Darryl Lee Smith is actually helping him to move the project forward and actually met with Mr. Olsen to try to figure out land situation. So I just want to let Council Member Chung know that I'm also helping out. But at the same time, Administrator that you could take a look at his project and see how you could help, would be greatly appreciated. I really like Jeff and I think he has great ideas. If those ideas get fulfilled, I can see only great things. Thank you. Page 20 Hawaii County Council -32 February 3, 2016 MR. CHUNG: Yes. That was more than three sentences or one very long sentence. But yes, I was aware and he did mention that. Thank you. CHR KANUHA: All in favor, of approving Bill 136, say "aye." Vote on Bill 136: The motion to pass Bill 136 on second and final reading was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you. Resolution 377, we'll go to the top. Return to Order of The Chair directed the Council to return to the order of business. Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 377-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE WAIPI`O KALO FESTIVAL Transfers $5,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Culture/Arts Other Current Expenses account. Reference: Comm. 640 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 377-16. Seconded by Ms. David. MS. POINDEXTER: I just wanted to echo what Mahealani had testified on, regarding the Kalo festival. We are, right now, the only County in the state that doesn't have one. We used to have one back in the day and then, I guess, that organization kind of dropped it. Now that Ha Ola o Waipi`o is in place, I think that's a perfect organization to kind of host that Kalo festival and bring it back. So, I just ask for your support. Aloha. Page 21 Hawaii County Council -32 Vote on Res. 377-16 (Adopted) Vote on Motion to Suspend Council Rules: (Approved) February 3, 2016 CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion, hearing or seeing none, all in favor say "aye." The motion to adopt Res. 377-16 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. Ms. Poindexter moved to suspend Council Rule 15 to waive the 5 -day hold for reconsideration. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 378-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A BRONZE PLAQUE FOR THE ROBERT RALEIGH MARTIN MUNICIPAL PARKING CENTER IN HONOKA`A TOWN Transfers $5,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Public Works, Administration Other Current Expenses account. Reference: Comm. 641 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 378-16. Seconded by Ms. David. MS. POINDEXTER: I think Gerald and Yolanda testified to it and I couldn't do any better. All I want to say is how I kept hearing about how he was the best overseer the County ever had. He was not just a supervisor, but he got down there and worked with the working man. So I am honored to help them with this and add to the historical marker. That will be the historical marker that is part of the Page 22 Hawaii County Council -32 February 3, 2016 historic preservation project that's going on in Honoka'a. So, thank you and I ask for your support. CHR KANUHA: Thank you. Any other discussion, hearing or seeing none, all in favor say "aye." Vote on Res. 378-16: The motion to adopt Res. 378-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Res. 380-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE UNIVERSITY OF HAWAII, WATER RESOURCES RESEARCH CENTER, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO PROVIDE TRAINING TO WASTEWATER TREATMENT WORKS OPERATORS Provides 12 wastewater training courses per year for five years at a total cost of $77,015 ($15,403 per year). Reference: Comm. 645 Intr. by: Ms. Eoff Waived: FC Vote on Res. 380-16: Ms. Eoff moved to adopt Res. 380-16. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 23 Hawaii County Council -32 February 3, 2016 ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): 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 First Reading: January 22, 2016 Vote on Bill 119: Ms. Poindexter moved to pass Bill 119 (Draft 2), on second and final Draft 2 reading. Seconded by Ms. David and carried by the following voice (Adopted) vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. 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 First Reading: January 22, 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 123 on second and final reading. Seconded by Ms. David. Page 24 Hawaii County Council -32 Vote on Bill 123 (Adopted) CHR KANUHA: Any discussion? February 3, 2016 MS. EOFF: No, I think that hat was explanatory. But, I think, we have five of these housing facilities throughout the island that we'll be maintaining. CHR KANUHA: Thank you. Any other discussion, hearing or seeing none, all in favor say "aye." The motion to pass Bill 123 on second and final reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. 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 First Reading: January 22, 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 125: Ms. Poindexter moved to pass Bill 125 on second and final reading. (Adopted) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 25 Hawaii County Council -32 February 3, 2016 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) First Reading: January 22, 2016 ; 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. Vote on Bill 127: Mr. Eagan moved to pass Bill 127 on second and final reading. (Adopted) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Vote on Bill 128: Mr. Eagan moved to pass Bill 128 on second and final reading. (Adopted) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 26 Hawaii County Council -32 February 3, 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 First Reading: January 22, 2016 Vote on Bill 132: Ms. Eoff moved to pass Bill 132 on second and final reading. Seconded (Adopted) by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. 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 First Reading: January 22, 2016 Vote on Bill 133: Ms. Eoff moved to pass Bill 133 on second and final reading. Seconded (Adopted) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 27 Hawaii County Council -32 February 3, 2016 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 First Reading: January 22, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 134 on second and final reading. Seconded by Ms. David. CHR KANUHA: Any discussion, Ms. Eoff? MS. EOFF: I'd just like to say that this bill and the one that follows are both to upgrade the Kealakehe Treatment plant. It's a project that we've been working on for quite a while in Kona that it has come a long ways. We're getting towards where we'll be able to produce reusable water. I just want to thank the administration and the Mayor for expediting as much as they can, getting this project to completion. So mahalo for your support, too. CHR KANUHA: Thank you. Any other discussion, hearing or seeing none, all in favor say "aye." Vote on Bill 134: The motion to pass Bill 134 on second and final reading was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. Page 28 Hawaii County Council -32 February 3, 2016 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 Vote on Bill 135 (Adopted) REPORTS: REFERRALS FOR EXECUTIVE SFSSTON- Comm. 638 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 First Reading: January 22, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 47-5, Hawaii Revised Statutes Ms. Eoff moved to pass Bill 135 on second and final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) The Chair directed the Council to proceed to the next order of business, Referrals for Executive Session. REQUEST TO AUTHORIZE THE USE OF SPECIAL COUNSEL TO ADVISE THE HAWAII COUNTY BOARD OF ETHICS IN MATTERS RELATING TO PETITION 2015-19 From Corporation Counsel Molly A. Stebbins, dated January 6, 2016, requesting an attorney-client confidential discussion to consult with the Council the use of special counsel, including pricing information. Page 29 Hawaii County Council -32 February 3, 2016 CHR KANUHA: Mr. Clerk, just before we even go into executive session, we'll do a motion to authorize special counsel to advise the Board of Ethics, in matters relating to petition 2015-19. May I have a motion, so we can talk about it now before going into executive session if we need to. MS. WILLE: Do we need to go into executive session? CHR KANUHA: No. That's why I need the motion. MS. WILLE: Motion to discuss it. Motion to Authorize Ms. Wille moved to authorize the use of Special Counsel to Special Counsel: advise the Hawaii County Board of Ethics in matters relating to Petition 2015-19. Seconded by Ms. Eoff. CHR KANUHA: Discussion, Council Members? If there are any matters that need to be brought up in executive session, then we'll go into executive session. If not, then we can just talk about it right now. Ms. Wille? MS. WILLE: So, Molly if you could come up. I just want to make one comment in terms of how we agendize this. You know, I think, that we made a point at one time to at least give the public some idea of what we were discussing. If it was a car accident or some issue. And that wasn't done in this case. And, I think, it could have been done and should have been done. No one knows whether they want to come and speak on this or speak on whether it should go to executive session. So, we basically cut the public out of the discussion. And it doesn't mean we're giving details or there's something and what case or anything. But the whole idea is that we keep them informed and then they can voice their opinion. I'm just expressing my opinion. I think that we can do this. At least first part generally, as to what it has to do with and why you're recommending special council without going into executive session. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha, County Council Members. Molly Stebbins, Corporation Counsel. I felt that the level of detail included in the request and on the agenda was appropriate. Board of Ethics matters, before they are the subject of a public hearing before the Board of Ethics, all information from the petition is kept confidential. So that's why the petition is just identified by its number. I don't have a problem, I guess, saying that as I explained in the attorney/client privileged memorandum to the Council. Providing some background is that our Page 30 Hawaii County Council -32 February 3, 2016 office would be presented with conflict, advising the board in the situation because it's a complaint that was filed against an employee of our office. MS. WILLE: That's what I really feel. I don't see any problem telling the public that much. I feel that as we try to talk to others, that we're trying to say, we deal with things and somebody has a complaint against me or anybody or some Council that we can at least be open on that, you know. Everybody at some point is going to have some complaints or some department is going to have a complaint. And it shouldn't be, well, we're shamed to admit that there's a complaint made against your department or any other. So, you know, for the future. MS. STEBBINS: Yeah, that wasn't the reason for not stating that. Not being ashamed didn't factor into it, I just felt it was appropriate to identify the petition only by number. But, I certainly hear your concerns and will take that into consideration in how detailed we are with our request in the future. CHR KANUHA: Thank you. Just briefly Council, that's a conversation I can bring up or talk to Ms. Stebbins about. The amount of detail, too, I think with the previous Corporation Counsel Lincoln Ashida, the Chair at the time. Mr. Yoshimoto had the conversation with him about the level of detail. I think we all had that conversation during that one day and, I think, he was amenable to that. And, I think, Ms. Stebbins was pretty amenable to that as well. Thank you. Ms. Wille, did you want to continue on the motion. MS. WILLE: I think that as long as now that you said it, and it's not that there's a complaint against your department and it's coming before the Board of Ethics, that it seems pretty simple. There is a conflict of interest and we should approve that. I'm not getting into the details of what needs to go and what's secret confidential before it goes to Council. But, I think, that's sort of a pretty clear cut reason and I would be supporting it. And I don't feel I need to know and I'm not even sure that you're supposed to reveal the details to us anyway, since it's going to the Board of Ethics. We have our kuleana. They've got their kuleana. Unless this Council decides that really we should be privy to the details. I think it's a pretty open, clear cut case of conflict of interest. That's what conflict of interest is all about. I'm not going to be the judge of something that's against me, okay. Thanks, I yield. CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Thank you, Mr. Chair. So in this request, we're asking for special counsel to advise the board in this matter, Petition 2015-19? MS. STEBBINS: Yes, that's correct. Normally a deputy from our office is assigned to advise the Board of Ethics. In this case, we're asking for the Maui Page 31 Hawaii County Council -32 February 3, 2016 Department of Corporation Counsel to send one of their deputies, as they have in the past to sit in the place that our deputy would normally sit. MR. PALEKA: Okay and who represents the corporation in this matter? Is there going to be representation by the corporation? MS. STEBBINS: I'm sorry. Is there going to be representation of the respondent in the ethics complaint? MR. PALEKA: Correct, either corporation? MS. STEBBINS: By our office? MR. PALEKA: Yes. MS. STEBBINS: No. MR. PALEKA: Thank you. CHR KANUHA: Thank you. Any other discussion, okay, I think we can move on and vote for this without going into executive session. All in favor of the motion say "aye." Vote on Motion to The motion to authorize the use of Special Counsel to advise Authorize Special the Hawaii County Board of Ethics in matters relating to Counsel: Petition 2015-09 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. Thanks, Molly. Mr. Clerk, anything else? Did we miss anything? MR. MAEDA: No, we got all the items today. Page 32 Hawaii County Council -32 February 3, 2016 CHR, KANUI IA: Okay, can I have a motion to adjourn. ADJOURN- There being no further business, at 11:41 a.m., Mr. Onishi moved to adjourn the MENT: meeting. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Cuff, Ilagan, Onishi. Palcka, Poindexter Wille. and Chair Kanuha — 9. Noes: None. Absent: None. Excused: None. OCT 1 8 2016 Council Approval: U� 6AFNTY CLERK SM/slm Page 33