HomeMy WebLinkAboutMIN COUNCIL 2015/09/02 2014-2016Hawaii County Council
2 11 Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
September 2, 2015
INVOCATION: Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair.
R(1T T CAT r
Present: Mr.
Dru Mamo Kanuha, Chair
Ms.
Valerie T. Poindexter, Vice Chair
Mr.
Aaron S. Y. Chung, Member
Ms.
Maile "Medeiros" David, Member
Ms.
Karen Eoff, Member
Mr.
Greggor Eagan, Member
Mr.
Dennis "Fresh" Onishi, Member (came in later)
Mr.
Danny Paleka, Member
Ms.
Margaret Wille, Member
PLEDGE OF
ALLEGIANCE
PETITIONS,
MEMORIALS
CERTIFICATES
OF MERITS, AND
EXPRESSIONS
OF CONDOLENCE:
The Chair directed the Council to the next order of business, Pledge
of Allegiance.
(At this time, Mr. Eagan led the Council in the Pledge
of Allegiance.)
The Chair directed the Council to proceed to the next order of business,
Petitions, Memorials, Certificates of Merit, and Expressions of
Condolence.
(There were none.)
Hawaii County Council -21
STATEMENTS
FROM THE
PUBLIC ON
AGENDA ITEMS
September 2, 2015
The 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:
Noelle Rodrigues:
(representing Global H.O.P.E)
Todd Friel:
(representing Starbase Hawaii)
Susan Johnson:
Joel Cohen:
Donna Oba:
(representing League of Women
Voters of Hawaii County)
Sheila Ramos:
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Res. 263-15 (Comm. 437), in support.
Res. 257-15 (Comm. 430), in support.
Res. 257-15 (Comm. 430), in support.
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Res. 257-15 (Comm. 430), comment.
Toby Hazel: Res.
262-15 (Comm.
435);
Res.
256-15 (Comm.
429);
Res.
257-15 (Comm.
430);
Res.
266-15 (Comm.
445); and
Res.
267-15 (Comm.
446), in support.
Dave Kisor: Res.
266-15 (Comm.
445), in support.
Janice Palma -Glenne: Res. 266-15 (Comm. 445), in support.
Bill Bugby: Res. 256-15 (Comm. 429);
Res. 257-15 (Comm. 430);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Marianna Scheffer:
(representing League of Women
Voters of Hawaii County)
Derek Vicente:
(representing Pahoa Elementary
School)
Res. 257-15 (Comm. 430); and
Res. 266-15 (Comm. 445), in support.
Res. 265-15 (Comm. 439), in support.
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Hawaii County Council -21
September 2, 2015
Richard Abbett: Res. 258-15 (Comm. 431);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Robert Terukina:
Res. 257-15 (Comm. 430), in support.
Shawn James Leavey: Res. 257-15 (Comm. 430), in support.
(representing Nalukai Foundation)
Jeffrey Coakley: Res. 257-15 (Comm. 430), in support.
JoAnn Fukumoto: Res. 257-15 (Comm. 430), in support.
Marvin Feldman: Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support
Joe Kassel: Res. 257-15 (Comm. 430);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Margaret Shiba:
(representing `Imiloa
Astronomy Center)
Russell Ruderman:
Alexa Russell:
Shane Antonio:
Veronica Lani Eugenio
Waiala Bayana:
Res. 262-15 (Comm. 435), in support.
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Res. 257-15 (Comm. 430), in support.
Res. 257-15 (Comm. 430), in support.
Res. 257-15 (Comm. 430), in support.
Res. 257-15 (comm. 430), in support.
Sheri Griffer: Res.
257-15 (Comm.
430);
Res.
261-15 (Comm.
434);
Res.
265-15 (Comm.
439);
Res.
266-15 (Comm.
445);
Res.
267-15 (Comm.
446); and
Res.
259-15 (Comm.
432), in support.
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Hawaii County Council -21
September 2, 2015
Natasha Johns: Res. 261-15 (Comm. 434), in support.
(representing Hawaii Island Pride)
Danny Castro: Res. 261-15 (Comm. 434), in support.
Carter Collins: Res. 257-15 (Comm. 430), in support.
Michael Sweeney: Res. 257-15 (Comm. 430);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Sharon Wiliford:
Res. 252-15 (Comm. 423); and
Res, 256-15 (Comm. 429), comment.
Gene Tamashiro: Res. 257-15 (Comm. 430); and
(representing Hawaiian Kingdom) Res. 266-15 (Comm. 445), comment.
Amber Shouse: Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
David Cottis: Res. 257-15 (Comm. 430), in support.
Marlene Ching: Res. 257-15 (Comm. 430), in support.
Joy Cash: Res. 252-15 (Comm. 423);
Res. 257-15 (Comm. 430);
Res. 261-15 (Comm. 434);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), in support.
Justin Avery: Res.
266-15 (Comm.
445); and
Res.
267-15 (Comm.
446), in support.
Josephine Sweeney: Res.
257-15 (Comm.
430); and
Res.
266-15 (Comm.
445), in support.
Jerry Warren: Res.
254-15 (Comm.
426), in opposition;
Res.
258-15 (Comm.
431); and
Res.
266-15 (Comm.
445), comment.
Lani Weigert: Res. 257-15 (Comm. 430), in support.
(representing Hawaii
Agritourism Association)
Page 4
Hawaii County Council -21
APPROVAL
OF MINUTES
COMMUNI-
CATIONS:
ORDER OF
RESOLUTIONS:
Change Order
of Business:
September 2, 2015
Joe Pierce: Res. 265-15 (Comm. 439), in opposition;
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446), comment.
Lisa Andrews: Res. 252-15 (Comm. 423);
Res. 257-15 (Comm. 430);
Res. 266-15 (Comm. 445); and
Res. 267-15 (Comm. 446); in support.
The Chair directed the Council to proceed to the next order of business,
Approval of Minutes.
(There were none.)
The Chair directed the Council to proceed to the next order of business,
Communications.
(There were none.)
The Chair directed the Council to proceed to the next order of business, Order of
Resolutions.
As directed by the Chair and with no objection from the Council Members, the
following item were taken out of order:
Res. 261-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII LGBT LEGACY FOUNDATION TO ASSIST WITH EXPENSES
RELATED TO THE 3RD ANNUAL LGBT PRIDE PARADE AND FESTIVAL
Transfers/appropriates $1,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration
Other Current Expenses, Miscellaneous Contract Services account (Hawai`i
LGBT Legacy Foundation — 3rd Annual LGBT Pride Parade and Festival).
Reference: Comm. 434
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 261-15. Seconded by
Ms. Wille.
CHR KANUHA: Go right ahead, Mr. Paleka.
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Hawaii County Council -21
September 2, 2015
MR. PALEKA: Thank you. I was hoping the representatives Natasha Johns or
Danny Castro were around, but I see they've left, yeah, to promote the but I do
invite everyone to attend, it's September 19th. Unfortunately, I'm not going to be
here. But, I do ask for all of your support on the matter. Thanks again.
CHR KANUHA: Thank you, Mr. Paleka. Any other discussion, Council
Members? Okay, hearing or seeing none, all in favor of Resolution 261-15 say
Ic aye.
Vote on Res. 261-15: The motion to adopt Res. 261-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
Res. 262-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND ECONOMIC DEVELOPMENT BOARD, INC. (HIEDB),
TO ASSIST WITH EXPENSES RELATED TO `IMILOA ASTRONOMY
CENTER'S MOBILE SCIENCE OUTREACH PROGRAM FOR SCHOOLS IN
THE PUNA DISTRICT
Transfers/appropriates $5,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration Other
Current Expenses, Miscellaneous Contract Services account (HIEDB — `Imiloa
Astronomy Center's Mobile Science Outreach Program).
Reference: Comm. 435
Intr. by: Mr. Paleka
(Note: Comm. 435.1 from Council Member Danny Paleka dated
Septemberl, 2015, transmitting proposed amendments to Res. 262-15, was
circulated.)
Motion to Approve: Mr. Paleka moved to adopt Res. 262-15. Seconded by
Ms. David.
CHR KANUHA: Go right ahead, Mr. Paleka.
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Hawaii County Council -21
Motion to Amend:
Vote on Motion to
Suspend Council
Rules:
(Approved)
September 2, 2015
MR. PALEKA: By the way, I'd like to make a motion to amend 262-15 with
Communication 435.1.
Mr. Paleka moved to amend Res. 262-15 with the contents
of Comm. 435.1. Seconded by Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Yeah, I'm just cleaning up the language to reflect what's
currently being practiced. It was a practice before that the mobile outreach would
actually go to the schools. But under this resolution, it's providing transportation
to `Imiloa, which has much more resources. And if I can get your support in just
the amendment, then I can bring up Ms. Margaret, if she would like to elaborate
more on the overall bill. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Any other discussion on this
amendment? Just for clarification purposes, I want to make sure we can vote on
this today—for resolutions because it's going to be a substantial amendment.
MR. MAEDA: We would have to do a rule suspension in order
CHR KANUHA: Okay, even on resolutions?
MR. MAEDA: Yes.
CHR KANUHA: Okay. For us to be able to vote on this today, may I have a
motion to suspend the rules so that we can proceed?
Ms. Wille moved to suspend the Council Rule 24 to waive
the holdover for the amendment of Res. 262-15. Seconded
by Ms. Poindexter 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. Okay, now that we can vote on the
amendment? All those in favor of amending with the contents of
Communication 435.1 say "aye."
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Hawaii County Council -21
September 2, 2015
Vote on Motion to The motion to amend Res. 262-15 with the contents of
Amend: Comm. 435.1 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 guess we did that too early, yeah? That's
okay. Now, on the main motion as amended, Mr. Paleka.
MR. PALEKA: If you'd like to add anything else for it? I know this outreach
with `Imiloa is such a great program. It reaches so many of our school children
here on the island. But I'll just give the opportunity for Margaret, if she wants to
add anything?
(Note: At this time, Margaret Shiba, Director of Institutional
Advancement at `Imiloa, came forward to address the members of the
Council.)
MS. SHIBA: Thank you very much.
CHR KANUHA: Margaret, just for the record, can you repeat your name again?
MS. SHIBA: Yes. Margaret Shiba, Director of Institutional Advancement at the
`Imiloa Astronomy Center. I apologize for that change in wording. It's based on
a prior proposal that was for what we hoped to do next, which is a mobile
program, where we go to schools. That's the next frontier. But in the meantime,
bringing students to `Imiloa, particularly at the elementary and middle school
ages, is a signature program of `Imiloa, and we intend to always continue to do
that. I guess I would just add that we started field trips back when we opened in
2006. But they got a real boost in 2008, when we got a very generous $700,000
grant from the Gordon and Betty Moore Foundation, and the purpose of that grant
was over a two year period, to bring every school child on the Big Island through
`Imiloa. We came very close to meeting that goal. In some cases, schools
literally couldn't schedule the trips to get their kids to us.
But, one of the really brilliant things about that fund was that it had a matching
gift requirement and we were required to raise $135,000 in other private funds in
order to secure the balance of the grant in the second year. So we began a process
of raising monies from the general public, from other foundations, from
corporations, from government entities, and with all of those funds together we
Page 8
Hawaii County Council -21
September 2, 2015
have really been able to cost share and keep this program going so that every year
we can strive to bring as many school children through `Imiloa as possible. So,
we appreciate your recognizing the importance of this effort.
Also, the fact that the job will never be done, there will always be new school kids
coming through, who need the kind of inspiring hands-on, minds -on, experience
that they can get at `Imiloa. So, we very much hope you will approve the
resolution.
I wanted to just echo what our colleague from Star Base had said, about the nature
of the audience that we are attempting to reach here on the Big Island. I think
we're all aware of the significant economic, social, and educational, disparities
that threaten the health of our population, particularly our children, we all know
some of the sobering statistics. But at the same time, I think, we at `Imiloa feel
that the science around us and the investment in our island provides a very
exciting opportunity to expose local, young people to careers in high-tech, in
science. And, really, our mission is to try to marry those two perspectives and to
try get investments in the future education of our kids. Many people tell us that
they think we could be the next Silicon Valley, given the resources that the Big
Island has. All we're really lacking is a requisite future work force. And, we're
very dedicated at `Imiloa to helping to train that future work force. So, this could
really assist us greatly in keeping this project going. Thank you very much.
I have our staff member from our Finance Office who's here, so if you have any
specific budget questions I know that Gaylen Kalipi is more than qualified to help
answer those.
CHR KANUHA: Thank you. Mr. Paleka, you still have the floor.
MR. PALEKA: No. I'm just asking for everyone's support.
CHR KANUHA: Thank you. Ms. Poindexter.
MS. POINDEXTER: Yeah, I want to thank you for doing this because it's
sparking some ideas in my mind, as far as the preschools out in Hamakua.
I just was texting my staff, "Can you check on this?" So thank you,
Council Member Paleka, for doing this. And brought me encouragement,
so thank you.
MS. SHIBA: Well, and as I said in my testimony, I want to also thank
Greggor Eagan because he saw the advantage in investing in this project last year.
We had initially intended to start the mobile outreach, but because of the natural
disasters in Puna, it proved more logical to bring the kids to us, so we're hoping to
continue that again this year. Thank you.
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Hawaii County Council -21 September 2, 2015
CHR KANUHA: Thank you. Mr. Eagan.
MR. ILAGAN: I just want to say the credit goes to Council Member Paleka.
Because we need so much funding for opportunities for young kids, and
especially exposing them to science and seeing the vast world around us. I'm so
happy that he decided to fund this program. I know R&D (Research and
Development)I also want to thank them. Because when I initially brought this
up, I gave $10,000 and then R&D decided to give another $5,000, and that was
great. This time around I'm going to continue my support. I just want to
recognize Council Member Paleka for bringing this on and adding more money
into this program.
When I went around the schools, the kids recognized the efforts that they actually
get to go to for the first time ever. I listen to their stories, and the greatest part
is—what I see is that they get to go with their friends, too. I understand that
maybe they have an opportunity to go with their parents, but it's a different
experience when they go with their peers, while experiencing that at the same
time. They might haveI could just picture, like a group of friends start
experimenting, and looking on YouTube and looking at the world around them,
and I feel like this sparks that interest.
So, I just want to appreciate and recognize Council Member Paleka for continuing
this program and funding it. And I also want to thank you, Margaret for your
leadership in this. And, keep doing your good work.
MS. SHIBA: Thank you very much.
CHR KANUHA: Thank you, Mr. Eagan. Ms. David.
MS. DAVID: Yes, aloha, Margaret. I'd like to also say thank you. When we
spoke during the recess earlier, I asked whether I could help in this program,
myself, being that Ka`u is in my district. This would be such a great program for
the kids out there. And especially you reference that the program is based on a
Native Hawaiian—through a Native Hawaiian Cultural Lands, I think just that
aspect alone, in addition to all the important aspects of your program, will really
make a huge impact on our children in the rural area. So for thatI really thank
you. I want to say on the record that I will support any efforts of your program in
my district, too. In other words, I will be giving you money to help with—
MS. SHIBA: Thank you. I've made notes. I'll follow up. Thank you.
MS. DAVID: Just let me know. Thank you very much. Aloha.
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Hawaii County Council -21
CHR KANUHA: Ms. Wille.
September 2, 2015
MS. WILLE: Thank you very much. And I think the word that Council Member
Ragan used "opportunities" is what this is about, for our youth in finding
something to do here.
I was at a Hawaiian Homestead meeting a few nights ago, and a man stood up
and he talked about how he raised his kids, and how this one is off here in
New Zealand, and this one is on the mainland, and this is here, and they're all
doing these vibrant things that he's proud of but none of them are here and none
of them can really pursue what they want to be doing. I think that's sort of what
you're getting at, at how do we get people excited about doing things that we do
have here and the possibilities that we do have? So again, thank you. And,
sounds good if you do the mobile thing. Get it around the island, as well. So
again, thanks.
MS. SHIBA: Thank you.
CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing
none, all in favor of Resolution 262, as amended, say "aye."
Vote on Res. 262-15 The motion to adopt Res. 262-15, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
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.
MS. SHIBA: Thank you all very, very, much.
CHR KANUHA: Thank you very much.
Page 11
Hawaii County Council -21 September 2, 2015
Res. 263-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND
FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME
TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAII ISLAND ECONOMIC DEVELOPMENT BOARD, INC. (HIEDB),
TO ASSIST WITH EXPENSES RELATED TO TRANSPORTATION
FOR THE STARBASE HAWAII PROGRAM DURING THE 2015-2016
L YEAR
Transfers/appropriates $3,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Office of the Prosecuting Attorney, Prosecuting Attorney Other Current
Expenses, Miscellaneous Contract Services account (HIEDB — STARBASE
Hawai`i).
Reference: Comm. 437
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 263-15. Seconded by
Mr. Onishi.
CHR KANUHA: Go ahead, Mr. Paleka.
MR. PALEKA: Yeah, this is another CRF (Contingency Relief Fund) request
based onI think it's really important we support a stem, and not only the stem
but all of educational endeavors in our communities.
But, if I can call up Todd Friel to come up again? I went out and visited the
facility and met with Mr. Friel. I was really impressed with their curriculum.
Maybe Mr. Friel would like to have that opportunity to explain a little bit of what
they do at that Star Base, if you'd be so kind?
(Note: At this time, Todd Friel, Director of Star Base Hawaii, came
forward to address the members of the Council.)
MR. FRIEL: Yes. First, I'd like to apologize. During my testimony, I didn't
reference the resolution that I was talking about and I hope I didn't confuse
anybody. Secondly
CHR KANUHA: Mr. Friel, can you again restate your name for the record?
MR. FRIEL: Yeah, my name is Todd Friel. I'm the Director of Star Base
Hawaii. Sorry. And secondly, I did not get a chance to mentionI was running
out of time. But, currently our program is restricted by a policy and this is why
we're coming to see you. Currently, we're actually requesting an exemption to
the policy. This policy comes from the Office of the Assistant Secretary of
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Hawaii County Council -21
September 2, 2015
Defense for Reserve Affairs. It is hoped by Star Base, at that level, that schools
participating in the Star Base programs would see the value of the program, and
then be willing to kind of pitch in and do part—and that would be bus
transportation. Of course, the school complex that we serve, they look at
themselves, knowing the fact that these are the schools with the least amount of
money, and I agree with them.
So, we came to your chambers basically looking for the County to pitch in a little.
State's already involved. Federal Government is already involved in this
program, of course. Our dollars come directly out of Department of Defense, and
this is them, taking out of their operational dollars to do their part in helping
communicate with the kids in our community.
So anyway, we do have a request for exemption in. Should that request be
approved, then we would not need any funds that the Council would be willing to
donate, and I'll be sure to let Councilman Paleka and Councilman Onishi know, if
that becomes the case.
We work with 12 schools, as I said during my testimony, on the island. We are
primarily focused with the KKP (Ka`u-Kea`au-Pahoa) complex. This site was
chosen by Governor Lingle's staff, when her administration was in charge. We
see these kids five days a week. We have the kind of successes that probably had
not been seen in a normal classroom. Our instructors are what we teach. We get
the kind of responses, where kids are literally crying when they leave our
program. And they asked us the question, "Why can't school be this way every
day?" And the way we teach science, technology, engineering, and math is with
hands-on application and it is not boring black and white text in the text book.
They get to see the concepts that they're learning and see something that can be
applied, and this is what turns on the light. They start to connect the fact that they
can understand this much more thoroughly and can apply it to their lives. I'll take
any questions the Council Members may have?
CHR KANUHA: Thank you. Mr. Paleka, you still have the floor, unless you
want the other Council Members to
MR. PALEKA: No. Thank you very much, Mr. Friel. I still carry around that
space module—because they teach them cad along with math, science. But just
the hands-on and tying in the theoretical with actual application, it's really
important to me.
For me, when I was a kid learning fields in construction or anything that's
hands-on, and being able to apply the theory, applying it to a skill, to me, that
turned on a lot of stuff for me. But I just want to thank `Imiloa, Star Base type of
organizations, for what they do; because, to me, that's real important for our kids.
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Hawaii County Council -21
September 2, 2015
MR. FRIEL: Thank you. So, you bring up a good point; if I may expand on
that? He showed you a model of what we printed on a 3D printer. One of the
benefits that Star Base brings to our schools is the fact we are this resource
that school teachers can come and rely on. We are outfitted to take care of
things that they cannot. The machine that produces that item is probably
unaffordable to our schools. But, we have a 3D printer. Kids can do—they're
learning on a computer-aided design program, by the way. That is the most
prolific world-wide; used by engineers all over the world to design all kinds of
things, and we get to use it. We're in partnership with the Parametric Technology
Corporation, who provides the software. The kids get access to resources they
would never have access to in their schools, and so that's one of the many
benefits. They get to see it in action.
CHR KANUHA: Council Members, any other discussion? Mr. Onishi.
MR. ONISHL Hi, Todd.
MR. FRIEL: Hi.
MR. ONISHL Thank you for coming, and sorry it took so long for you to come
up.
MR. FRIEL: That's okay.
MR. ONISHL But, Todd, you were supposed to be in Ka`u right now?
MR. FRIEL: Yes, sir. Right now on the road, teaching in Na'alehu. We go to
them because they are too far away from us to bus them in. We are required to
give five contact -hours a day with students. And if we were to bus them in, they
couldn't make it to our facility so we take it on the road and go to them.
MR. ONISHL Yeah, so thank you very much for coming here. So just keep us
updated on your situation, on the status of the nonprofit; then as you find out, just
let me know.
MR. FRIEL: Absolutely. Yes, sir. And by the way, I just received an email from
General Oliveira yesterday, and there is a 501(c)3 that we can use. That's
associated with our sponsors, the Hawaii National Guard.
MR. ONISHL Oh, good then.
MR. FRIEL: And I'll be sure to share that with you.
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Hawaii County Council -21 September 2, 2015
MR. ONISHL Okay, sounds great. Thanks.
CHR KANUHA: Mr. Onishi. Any other discussion, Council Members? Okay,
hearing or seeing none, all in favor say "aye."
Vote on Res. 263-15: The motion to adopt Res. 263-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
MR. FRIEL: Thank you, Council.
CHR KANUHA: Thank you.
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Yes.
MR. ILAGAN: Could we take Bill 72 out of order?
CHR KANUHA: Yeah, that was my next one. Mr. Clerk, Bill 72
Bill 72: AMENDS THE COUNTY OF HAWAII GENERAL PLAN AS
ADOPTED BY ORDINANCE NO. 05-25 AND AMENDED BY
ORDINANCE NOS. 06-153,12-89, AND 14-87, AND BY AMENDING
MAP 14 OF THE LAND USE PATTERN ALLOCATION GUIDE MAP
BY CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY
URBAN AND IMPORTANT AGRICULTURAL LAND TO MEDIUM
DENSITY URBAN FOR KEA`AU VILLAGE AND THE IMMEDIATELY
SURROUNDING AREAS, KEA`AU VILLAGE, KEA`AU, PUNA, ISLAND
OF HAWAII (Planning Director Initiated)
The Windward and Leeward Planning Commissions forward their favorable
recommendations for this amendment.
Reference: Comm. 398
Intr. by: Mr. Eagan (B/R)
First Reading: August 19, 2015
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Hawaii County Council -21
Vote on Bill 72: Mr. Eagan moved to pass Bill 72 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
September 2, 2015
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. Council Members, it's 12:10 (p.m.) right now.
We have a pretty full agenda. I'm pretty inclined to take a lunch break at this
point, if it's okay with all of you, and maybe come back 1:30? Okay, we'll take a
recess till 1:30. We are in recess.
Recess: At 12:15 p.m., the Chair called for a recess
Reconvene: The meeting reconvened at 1:42 p.m.
CHR KANUHA: Okay, we are coming back on line, out of recess. I think, if it's
okay, we'd like to just to go to the top of the agenda then we can work our way
down, if that's okay with the Council?
MR. ONISHL Mr. Chair?
CHR KANUHA: Oh, you got a request?
MR. ONISHL Kurt Inaba, from the Department of Water, is here.
CHR KANUHA: Okay.
MR. ONISHL So, if we can do Bill 85?
CHR KANUHA: Bill 85? Okay, Mr. Clerk, can we do Bill 85, take that out of
order?
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Hawaii County Council -21 September 2, 2015
Bill 85: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016
Adds the Public Works Water Line Replacement, Nohea Street,
Santos Lane – State project for $550,000 to the Capital Budget. Funds for
the project shall be provided from State Grants Receivable ($550,000).
Funds would be used to replace corroded and leaky galvanized water lines
along Nohea Street and
Santos Lane in Hilo.
Reference:
Comm. 444
Intr. by:
Ms. Eoff
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 85 on first reading. Seconded
by Mr. Onishi.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you. Kurt, maybe you can introduce yourself and maybe
explain a little about this project or what's happening.
(Note: At this time, Water Supply Engineering Division Head Kurt Inaba
came forward to address the members of the Council.)
MR. INABA: I'm Kurt Inaba, Engineering Division Head, of the Department
of Water Supply.
This project was actually part of a pipeline replacement project. Approximately
eight years ago or so we had to remove from that project because we were unable
to get State Highway permitting at that time. It ties into Puainako Street, which is
under State Highway. So, we've made headway. We've actually—thanks to
several of you here; Ms. Poindexter, Mr. Onishi, and Ms. Eoff with the Kona
Ocean View Project.
We've had several projects that require use and occupancy agreements, and at
our last board meeting we finally came to an agreement with the State. Well,
we're able to move forward. We're happy. At the same time, thank you,
Mr. Onishi, for this project funding for this project now; that we can move
forward, and knowing that we will get the permit from the State. It's just
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September 2, 2015
replacement of approximately, between two roads, 3,000 feet of two-inch
galvanize lines. From back several, I guess, about a decade ago was identified as
lines that needed replacement due to the number of times that our operations had
to go out and repair leaks on it. Any other questions? We'll be replacing it.
MR. ONISHL No—so that adds on with the replacement, fire hydrants being put
in?
MR. INABA: Yeah. The new installation will meet our standards. We'll be
providing fire protection also in that community.
MR. ONISHL And so, I would like to also thank Senator Kahele for putting this
project on his CIP (Capital Improvement Project), and also President Ron Kouchi,
because he was the CIP Chairman at the time when this all went through at the
last session, so I want to thank him for pushing this project. Then, the
administration, I have been working with the Governor's office in getting this
money released so we're hoping to get it released maybe by the end of this month,
Kurt, because you guys got something from?
MR. INABA: Yes. So we've been in contact with their Budget and Finance.
MR. ONISHL Yeah, right. Thank you. Thanks, Kurt, for all your guys hard
work.
MR. INABA: Thank you.
MR. ONISHL So, main thing the project moves forward now?
MR. INABA: Yes.
MR. ONISHL Okay, thanks.
CHR KANUHA: Thank you. Ms. Poindexter.
MS. POINDEXTER: Yeah. I want to say thank you to Council Member
Fresh Onishi. Because I'm sure you're not aware that by you doing this, it helped
push the permitting process that I needed to get a project done in Laupahoehoe.
So, thank you for that because that pushed everything together and thank you for
the Water Department.
MR. INABA: No, thank you. I appreciate it.
MS. POINDEXTER: Thank you.
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Hawaii County Council -21
Vote on Bill 85
(Approved)
CHR KANUHA: Mr. Chung.
September 2, 2015
MR. CHUNG: Thank you, Mr. Chairman. Yeah, I just wanted to echo
Ms. Poindexter's sentiments. I know how hard Mr. Onishi has been working on
this, and all of the efforts he's put forward at the Legislature and with the
administration, so I wanted to both thank him and congratulate him on a job well-
done.
CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing
none, all in favor say "aye."
The motion to pass Bill 85 on first reading was carried by
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. Okay, Mr. Clerk, let's just go to
the top of the agenda Resolution 252.
Return to Order The Chair directed the Council to return the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 252-15: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT
TO POHAHA I KA LANI
Approves a grant of $83,500 to Pohaha I Ka Lani, a 501(c)(3) nonprofit
organization, for the purpose of protecting, preserving, and restoring the
Waipi`o Valley Lookout property (Tax Map Key: 4-8-004:006), pursuant to
Section 10-16 of the Hawaii County Charter.
Reference: Comm. 423
Intr. by: Ms. Poindexter
Approve: FC -32
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Hawaii County Council -21 September 2, 2015
Motion to Approve: Ms. Poindexter moved to adopt Res. 252-15 and adopt
Finance Committee Report No. 32. Seconded by
Mr. Onishi.
CHR KANUHA: Go right ahead, Ms. Poindexter.
MS. POINDEXTER: Yeah, I think we talked about this at Committees and then
our last Council meeting, and everything is here. So if anybody has any
questions, I'd be open to answering them if I can answer them. I just ask for your
support in this exciting new project that's going to start happening. Thank you.
CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing
none, all in favor say "aye."
Vote on Res. 252-15: The motion to adopt Res. 252-15 and Finance Committee
(Adopted) Report No. 32 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 254-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR
PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND BIG ISLAND
VETERANS TREATMENT COURT
Transfers/appropriates $5,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 4); and credits the same to the
Office of the Prosecuting Attorney, Prosecuting Attorney Other Current
Expenses, Miscellaneous Contract Services account (Friends of Big Island Drug
Court, Inc.)
Reference: Comm. 426
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 254-15. Seconded by
Mr. Paleka.
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Hawaii County Council -21
CHR KANUHA: Go right ahead, Mr. Eagan.
September 2, 2015
MR. ILAGAN: Thank you, Mr. Chair. I just want to say thank you to
theactually, Ms. Eoff, who introduced that contingency fund to the Big Island
Drug Court and the Big Island Veterans Treatment Court? I really appreciate
your efforts in providing those funds because it brought awareness to me of this
program, and now I'm supporting it too. So, I just wanted to say thank you for
letting me know. Aloha.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Okay, hearing
or seeing none, all in favor say "aye."
Vote on Res. 254-15: The motion to adopt Res. 254-15 was carried by the following
(Adopted) 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. Next item.
Res. 255-15: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$20 TO THE DEPARTMENT OF PARKS AND RECREATION
Donated by Jeffrey and Helen Lorance to purchase prizes for the Annual Ohana
Shoreline Fishing Tournament held in August 2015.
Reference: Comm. 427
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 255-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Oh, I'd just like to say thank you for this donation.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Okay, hearing or
seeing none, all in favor say "aye."
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Hawaii County Council -21
September 2, 2015
Vote on Res. 255-15: The motion to adopt Res. 255-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item, Mr. Clerk.
Res. 256-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII
GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN
COMPREHENSIVE REVIEW PROCESS, RELATING TO THE
PRINCIPLES OF THE AHUPUA`A SYSTEM
Proposes amendments to the General Plan to apply the values, philosophy, and
geographical features of the ahupua`a system as a land use model to regulatory
decisions and government programs, fulfilling sustainability goals, and land use
policies with consideration for resource management.
Reference: Comm. 429
Intr. by: Ms. David
Waived: PC
Motion to Approve: Ms. David moved to adopt Res. 256-15. Seconded by
Mr. Paleka.
CHR KANUHA: Go right ahead, Ms. David.
MS. DAVID: Mahalo nui. This is a resolution, my contribution to suggestions
for the General Plan amendment. And in various testimonies this morning, thank
you for recognizing this further effort in trying to implement more sustainability
in our land use process.
And already Hawaii County, over the last several years, has been moving
towards embracing and promoting sustainability. Self-sufficiency is very
important. But in order to maintain our long-term survival as an island
community, I think we have to move forward right now; and taking the
opportunity at this General Plan amendment stage, I think the time is right.
Especially, Hawaii Island is a special State. And embodied in our State's
Constitution, we have a preamble that recognizes how unique our State is. And it
says, "We the people of Hawaii are grateful for Divine Guidance, and mindful of
our Hawaiian heritage, and uniqueness as an Island State." And we dedicate our
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September 2, 2015
efforts to fulfill the philosophy decreed by the Hawaii State motto, "Ua Mau ke
EA o'ka 'Rina i ka Pono."
With that in mind, we also have a unique, aside from the preamble we, have a
unique section of our Constitution, Article 12, Section 7, which specifically
addresses traditional and customary rights. Where, the State reaffirms and shall
protect all rights customarily and traditionally, exercise force subsistence cultural
and religious purposes, and possessed by ahupua`a tenants who are descendants of
Native Hawaiians, who inhabited the Hawaiian Islands prior to 1778, and subject
to the right of the State to regulate.
So with that in mind and with what one of our testifiers said earlier, about the
rights of individuals as personsI think you're sitting in there—that we are free
by nature and equal in our inherent and inalienable rights.
Now, where this is all going for me, that Bill of Rights in our State's Constitution
also says, "These rights cannot endure, unless the people recognize their
corresponding obligations and responsibilities." So in that context, I really feel
that for the last 30 years in participating as a community activist, as you might say
in land use decision making processes, for the last 30 years we have really—we
have come a long way. We have come a long way in two lawsuits, especially the
Passion Pilago vs. Hawaii County Planning Commission that reaffirms those
rights that I was speaking of. And also, the Ka pa`a kai o ka aina case, that
mandated that the State agencies cannot delegate their authority, and they have to
determine impacts before they send it down to the County level. So this is where,
I believe, that within that whole context of being very mindful of we do on the
land, from the top of the mountains to the ocean. It affects everything down the
line.
So this concept, I think, the County has been moving, for over the last 30 years,
towards this. And I'm very happy to present this in this format, because part of
the—my suggestion to the Planning Department is that in the purpose of our
General Plan, that we include the following purpose; that we utilize the
geographical features of the ahupua`a land divisions and historical use of the
ahupua`a land divisions as the basis for identifying important values and
priorities, and for developing and applying regulatory decisions and other
government programs in this County.
And also, in another section—there are three sections: the General Plan program
section, the Land Use policy section, and the Purpose section of the General Plan,
is where I believe we need to incorporate the values and philosophy of the
Ahupua`a Land Division Resource Management system, as appropriate.
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September 2, 2015
So, I think the time is right. I think we've worked hard to get to this point. And it
is a proven model for sustainability. And based on that, I respectfully ask for
your support for this recommendation to the Planning Department. Mahalo.
CHR KANUHA: Thank you, Ms. David. Before I ask for other discussion, I'd
like to call up Mr. Brilhante.
(Note: At this time, Assistant Corporation Counsel William Brilhante
came forward to address members of the Council.)
MR. BRILHANTE: Good afternoon, Chair Kanuha and County Council
Members. I wanted to come up here, and again, I'm here to provide legal
analysis. I'm sure everyone has heard this, I guess, mantra from our office that,
we at the Corporation Counsel are here to explain, to defend, and to make sure
that on your worse day we're able to provide you support and input, and that's the
reason I wanted to come up today. I'm not making any statements regarding the
validity of Councilwomen David's proposed resolution; I just want to make that
clear. They're several resolutions that we have on the agenda today regarding
General Plan amendments.
My concern is regarding, and it relates to the specific language of the resolution.
And we turn to page in this case, we turn to page two. And it starts on page
two, where it says, `Be It Resolved by the Council of the County of Hawaii that
the Planning Department consider the following proposals during the Director's
review and analysis of suggestions offered during this initial phrase of the
comprehensive review process." This is the concern I have, and it says "and
ultimately incorporate them as appropriate, into the final propose amendments,"
and that's the concern.
Here we are at the resolution stage. As it relates to the General Plan, we're at
information gathering stage. Request has been put out, notices have been given to
various parties, various entities here in the County. And the process is that,
suggestions and input come back to the Planning Department, and all those
suggestions get vetted throughout the various entities that are working on this
General Plan revision. And then once that process takes place, then a draft
General Plan amendment is put together and it's sent out to the public again for
public comment. It's sent to the County Council and the like, and then specific
amendments or specific items will then be discussed at that time. My concern,
and long story short, my concern—back and coming full circle.
And, that language that says "ultimately incorporates them as appropriate," I'm
not comfortable with that language. I don't think we can say let's amend or
incorporate this revision into a document that's approved by ordinance through a
resolution, so I just wanted to make it clear because so many times the words that
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we put forward are contested down the road. We saw that issue with the
geothermal night-time drilling band. All those statements are made on the record.
Two, three, four years down the road there's questions, "Was that really said,",
going back looking at the transcripts.
Again, to protect you on our worst day, and in abundance of caution, my concern
would be to have clarifying language that specifically states that this is a
recommendation. We request that it gets considered during the General Plan
review process. I'd be more comfortable with that specific language of ultimately
being incorporated into the General Plan.
CHR KANUHA: Thank you, Mr. Brilhante for the explanation. Ms. Eoff,
you're next.
MS. EOFF: I can defer to Ms. David.
CHR KANUHA: How much time does Ms. David have left? Yeah, I'm going to
go on with the
MS. EOFF: Well, at this point—I'll just ask you a question then. If the language
after the word "process" comes stricken, so that it does not say "ultimately
incorporate them as appropriate into the final proposed amendments," would that
then be alright?
MR. BRILHANTE: I would be more comfortable with language of, "if deemed
appropriate to be incorporated.'
MS. EOFF: So it would say, "and ultimately, if deemed appropriate."
MR. BRILHANTE: No. And "if deemed appropriate, to be incorporated into the
final propose amendment."
MS. EOFF: Oh, okay. So take out "ultimately."
MR. BRILHANTE: Yeah.
MS. EOFF: Seems fair enough if it makes everybody feel more comfortable.
MR. BRILHANTE: Yeah. Because again, it's a vetting process, and there will
be additional discussion, additional scrutiny as to each one of these proposals as
they come in.
CHR KANUHA: Ms. Eoff, you have the floor.
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Hawaii County Council -21 September 2, 2015
MS. WILLE: Can you repeat what he said, Karen?
MS. EOFF: Okay. What he's saying is that if we would strike the word
"ultimately," and in its place we would say, "and if deemed appropriate"
incorporate them, right, into the final? So, we have to change the sentence around
a little bit.
MR. BRILHANTE: Yeah.
MS. EOFF: Take out "ultimately" and replace it with "if deemed appropriate,
incorporate them into the final purposed amendments to the Hawaii County
General Plan."
MR. BRILHANTE: Correct.
MS. EOFF: Is that alright?
MR. BRILHANTE: Yeah. I don't want to be the captain of the ship, I'm
just—some recommendations. Alright.
MS. EOFF: Okay, thank you.
CHR KANUHA: Ms. Eoff, did you still want to comment on the?
MS. EOFF: Well, if anyone else has questions for Mr. Brilhante. I could hold my
other comments.
CHR KANUHA: I'd rather you just continue with your—yeah.
MS. EOFF: Okay. Well, I just wanted to say that I totally support what
Ms. David is doing here, and I congratulate her because this is the exact right time
for her to bring forward some of the things that—as she mentioned, she's been
striving for at least 30 years worth of land use policy revisions, court cases,
analysis. I'll just mention that I was there with her at the onset and throughout
that whole period. Some I totally agree that this is our opportunity to show where
we have a very unique set of circumstances here in Hawaii; we have a unique
constitution that guarantees the protection of customary and traditional practices
of Native Hawaiians and that the cultural must survive; that we do need to protect
the natural resources in a context that is meaningful and relevant.
And, here we have this appropriate venue to incorporate ahupua`a concepts into
our modern-day use of land. I think whenever possible we need to do this.
Hopefully, this is a beginning of where we can lean more on some of our
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September 2, 2015
traditional practices to move us into the future and become more sustainable in
doing so. I just wanted to be able to say that.
I think—one of questions is if we passedI think last Council meeting we may
have passed a couple of other resolutions, and now I can't remember if it had this
exact language in the `Be It Resolved." But I'm not sure if we have to go back
and look at that or how we deal with the ones that were passed previously, so I
guess we can figure that our later. Okay, thank you very much.
CHR KANUHA: Thank you, Ms. Eof£ Ms. Wille, you're next.
MS. WILLE: Okay. Thank you, Ms. David. I first just want to make a point
about what our Counsel Brilhante had to say. I actually—after talking with him,
thought if we just made a statement on the record that where we have "as
appropriate," that means that we're recommending it. I mean, it's not going into
law here. And again, I just think we get hung up. I'm using part of my time and
not substance on "if deemed appropriate." I mean, I'd go—and "ultimately
incorporate them as deemed appropriate," who is it that's deeming these things?
Anyway, mine has the same language. I don't feel that's a problem. It says, "as
appropriate." We have a procedure, so whatever we do, and notI don't feel that
it's necessary.
I think what—along with Ms. David, I tried to do in mine a similar direction, and
that is to incorporate those cases that came down from the Supreme Court. Also,
the 20/50 sustainability principals that came out of the study groups around the
State, sort of incorporating, sort of the paradigm of the three interlocking circles:
environmental, social cultural, and economic.
And thirdly, the public trust doctrine. Which, it was in 2006, after the last edition,
main edition of the General Plan, that the public trust doctrine applies to the
County not just to the State. Our County is the one that argued it did not, and we
lost that case, okay? And, that public trust doctrine.
There's also a Charter amendment in our Charter, which somebody I know may
drafted primarily, incorporating the public trust doctrine into our Charter
amendment, which is a little different. Because it doesn't just say as a State
public trust doctrine, is that we are trustees of our natural resources, but also, we
are trustees of our cultural heritage, natural and cultural resources. So, I think that
these are—what is it that's different about our last time we did a General Plan?
And now it's all about—like, that whole concept.
The ahupua`a, concept is also a philosophy. And it's also a practical—how do
you do it? How do you also integrate long-term planning into your short-term
decision making? How do you share common resources as they're getting less?
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September 2, 2015
So, I thank you. And you certainly—you put it in probably the best possible way
because it incorporates all that; what is our goal, and how do we accomplish it,
and all of those different bases. So, thank you.
Lastly, I might mention. I incorporated it in to mines, word for word, adapted
from this thing.
CHR KANUHA: "As deemed appropriate." Okay, Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. With regard to the concerns brought
up by Mr. Brilhante, I agree with Ms. Wille. Yeah, it could be made better but
this is a non-binding resolution doesn't have any force in effect of law. We all
know what the purpose is; it's to get something that's brought up by Ms. David
over to the administration for their consideration and then they make the decision,
and I think it's clear. I think it's a lot different from the situation that Mr.
Brilhante brought up, about the geothermal drilling ban, which was an ordinance.
Now you've got to look at the intent and all of those things. But, everyone
knows.
I don't think there's going to be any problem here, but what I find more
problematic and troublesome is the wording of the—I'll still vote for this thing.
Because again, we know what the purpose of all of this is; it's to defer to the
Council Member who's submitting this, and to get it over to the administration;
but, there's nothing in this resolution that says that so it makes it look like it's an
endorsement by all of the Council Members, see? I have no problem with this
proposal, but there may be others that I take exception to. So that's going to
entail us now, stating our concerns or objections on the floor just to make the
record clear.
So, that's all I wanted to say. But, there's several, I won't say errors, but there are
just several things that aren't quite right in the way this whole process has been
set up. But, I'm going to support it anyway. I think we all know what it's
intended to do. So, thank you.
CHR KANUHA: Thanks, Mr. Chung. Ms. Poindexter.
MS. POINDEXTER: Yeah, and I agree with Council Member Aaron Chung,
when he stated about the—it seems like we were saying as a Council, "We're
endorsing this," because I was having a problem with that.
On some others it's stronger language, where I don't feel comfortable voting for
it. This resolution, right now by Council Member David, has more general terms.
It doesn't say as a Council that you're saying, specifically, the Council believes
"Whereas, the Council believes that ahupua`a is" bah blah bah blah, whatever.
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September 2, 2015
You're giving the general statement; but yet, this doesn't say these are
recommendations only. We want to say its recommendations, but we don't say its
recommendations. We kind of dance around it with different words. And I'd like
to see it be written, where it talks about it being the recommendation for that
planning process; where it's not just our word going into it, and that's it. So, I
agree that this needs some work on how we present it. And I don't feel
comfortable saying, as the entire Council, "We're endorsing this."
But with what was said, by Council Member Chung and then by Council Member
David at that previous meeting, I'm supporting it as a Council Member. Like, a
wish list.
For me, I'm going through my community and their community development
plan, and working with the community that way. So, I'm not doing anything
formal like this but going through the grass roots.
Anyway, I am supporting this, Council Member David. But I just wanted to share
that caution, also. That I feel—because I don't want it to come back later when
I'm not on Council, and ten years down the road something goes in and "Hey, you
had supported this;" if there should be any unattended consequences on
anybody's submittal. So, that is my caution. Thank you.
CHR KANUHA: Thank you, Ms. Poindexter. Council Members, on the first
round. Okay, Ms. David.
MS. DAVID: Thank you. And thank you for those comments, Mr. Chung, and I
agree with you and I agree Ms. Poindexter. I would like to ask Corp Counsel
Brilhante to come forward because it does concern me that this is not really
stating that it's my recommendations. I would really like to make that clear
especially since that last meeting I basically explained that this is the process that
everyone should be submitting recommendations. I really want to make that a big
point on the record.
MS. DAVID: So, on the fourth Whereas where it says "The Council submits this
resolution in response to the Planning Director's invitation to submit," if I add
recommendations to the General Plan or recommendations for amendments to the
General Plan, number one, would that satisfy the concerns that Ms. Poindexter is
speaking of, and also Mr. Chung? That's the first question. Second question is,
how do we address the resolutions that have already been—we took action on?
MR. BRILHANTE: Again, William Brilhante Assistant Corporation Counsel.
Thank you very much, Council Member David, for providing me this opportunity
to respond to your questions. That's the inherent inconsistency or problem that
we're having, is a resolution, if passed, is endorsed by everybody. That's the
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inherent nature of a resolution, you know, majority vote, majority pass. It goes
through. It's backed by the entire Council body. To say that this is just specific
recommendations made by a particular Council Member, I'm not sure if submittal
passage of a resolution should be the best vehicle moving forward, if that's your
concern, as you know, a body here, that maybe you are in favor, particular points
or principals of a proposed recommendation. But there are some inherent
inconsistencies with your own views or views of your constituents, and that's
where it gets kind of somewhat convoluted. At this time, I don't have the silver
bullet answer, you know, to provide you with; the pill that's going to cure all the
ills. Again, that was the basis for me coming up here; is I want to make it clear
that these are recommendations.
Councilman Chung couldn't have said it any clearer. Where, when you look at
what a resolution, you look at it, it really has no binding legal effect. So, that's
why I wanted to make it clear that there was no misconception by the public
because that's ultimately who we're serving. So if the public were to sit there, and
they're either watching this or they're reading about this item, that there would be
no misunderstanding that these are just recommendations. And whether or not
they're incorporated, there's a process that takes place for that incorporation.
There's a vetting process, and all those entities come into play. So just because
it's incorporated into a resolution, it doesn't automatically get incorporated into
the final draft, General Plan amendment, and that was the point thatI just
wanted to make sure that there's no confusion as it relates to that.
So, getting back to your question, Councilwoman David, it does say the Council
submits. It is passed, majority. I'm not sure you can specifically say, "Well, I'm
passing it but that's not really what I intended it to be." I think there are some
problems with that. And I think if you're in favor of the language of the
resolution, then you vote in favor of it. If you're not, then you vote accordingly.
MS. DAVID: Okay.
MS. WILLE: Can we stay on this point?
CHR KANUHA: Wait, wait wait. Ms. David still has the floor, please.
MS. WILLE: Yeah.
MS. DAVID: Given that explanation, and making it very clear that this is
recommendations alone, then I would just prefer— since we've talked about this
and explained it very clearly on the record, I'm thinking that it really wouldn't
matter if we left it this way, with the understanding and the explanation that you
just articulated. And I'd like to hear from the other Council Members, how they
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would feel. Because there's going to be Ms. Wille's proposed resolution again
and the ones that we already did. So, I'll yield at this time.
CHR KANUHA: Thank you. Mr. Chung. But I want Ms. Wille to remember
your points so we can bring it up after Mr. Chung.
MR. CHUNG: Bill, jog my memory, what was the procedure that was set forth
by the Planning Department in terms of submitting recommendations to the
department? Was there anything that said it had to be done by resolution?
MR. BRILHANTE: Thank you very much, Council Member Chung. The
Planning Director is actually here. He's present here today. My recollection of
what happened was that there was no specific vehicle identified as to how the
recommendation should get forwarded to the Planning Director, Planning
Department. But I don't want to misstate what may have been specifically stated
on the record, so I would recommend that we call Director Kanuha up to answer
that question.
(Note: At this time, Planning Director Duane Kanuha came forward to
address the members of the Council.)
MR. CHUNG: While we're waiting for Mr. Kanuha, Mr. Chairman, if I could
ask you a question or ask this question of the Clerk, is this the final reading?
MS. WILLE: Yes.
MR. CHUNG: Really?
CHR KANUHA: Did you need a little time, Mr. Chung? We can take a brief
recess, if that's okay.
MR. CHUNG: Okay, well, let me just say one thing. I was handed the
amendment procedures by our County Clerk. And thank you, very much Jon.
And it says here that the County Council may initiate such amendments by
resolutions, but now it's at a little different from what I was led to believe we
were doing here, okay? Because all I thought we were doing was deferring to a
Council Member who had a recommendation, and we were all allowing it to pass
through. This one, when I read this, it seems that when you go the resolution
route, you're endorsingwhat's—
DIR. KANUHA: That's correct.
MR. CHUNG: Therein lies the big problem.
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DIR. KANUHA: Duane Kanuha, Planning Director. And I think previous
discussions with you, that's when I started to discuss the difference between
individual Council people—can say, "Will you consider this?"
MR. CHUNG: Right.
MR. KANUHA: That's fine. As differentiated between a recommendation for an
amendment by the Council as a body, by a resolution, yeah? You recall that
discussion?
MR. CHUNG: And so other Council Members have been submitting their
individual recommendations to you not in the form of a resolution?
DIR KANUHA: No one has, really. I mean, I've had discussions with various
people, and the context of those discussions are, what if the Council can't get
anything to you by this deadline? Is that it? I mean, "Do we have no recourse,"
and I said, "no." As an individual, just like any member of the public can say,
"Will you consider this a part of the process?" Again, the amendment process is
set up. And that's why this consideration, asking us to consider an amendment by
the Council, by resolution, it's right at the front. That's why you guys had that
really short window.
MR. CHUNG: Yeah.
DIR KANUHA: Because, as I explained, the way it's set up is the priority for
consideration would be any amendments that come from the Council because it's
by resolution which we would read as an endorsement by the entire Council.
MR. BRILHANTE: Councilman Chung, could I please respond? I have some
input with that.
MR. CHUNG: Yes.
MR. BRILHANTE: The thing we have to be clear. There are two types. There
are two identified areas of review. What we're doing right now is we're doing
comprehensive review. The 10 -year comprehensive review period, that's what
we're in. And we have to be clear there's also requirements for interim
amendments.
As it relates to the requirements under the interim amendments, the County
Council may initiate amendments to the General Plan at any time other than
during the comprehensive review pursuit to the following procedure, and that's
where a resolution is required. Under the comprehensive review period, which
we're undergoing now, there's no specific requirement that recommendations be
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proffered by resolution. It just says, "The Planning Director shall give notice of
the comprehensive review to the County Council, Planning Commission, and the
General Public;" and it just says, "The ability for the County Council, Planning
Commission, and the General Public to provide their comments and suggestions
to the Planning Director, as proffered." So there's no specific requirements that
the recommendations by a Council Member be via a resolution.
MR. CHUNG: I see. So actually, I mean, would it be safe to say that your
department would have preferred if an individual Council Member had a
recommendation, to have just sent it directly to you, via a letter, or something like
that?
MR. BRILHANTE: Correct.
MR. CHUNG: Okay. This is a big, big problem, okay? Because there's some
And, quite frankly, because I thought we were just going to be a pass-through
body, just almost pro forma. In deference to our colleagues, I didn't really pay
too much attention to each of these individual proposals, and now we're also
stuck with a deadline. I think the best I can do right now instead of voting "no"
against all of these resolutions would be just to vote "yes;" with the understanding
and direction to the Director that when it gets to the respective commissions, you
tell them that Aaron Chung said he's not necessarily in favor of all of these. I
mean, because I want to see it get through, just in deference to my colleagues,
who are kind of relying on their own understanding of what the process was. But,
I'm just trying to find a practical solution to this thing. So, I'll still vote in favor
of it. But please convey my sentiments to the commission, okay? Bill, Duane, I
know you guys not listening to me.
I'm not saying I'm necessarily against what's in here, but it's just that I really
take no position, it's just something from Ms. David. And others can voice
their support for it if they want, but I'm not necessarily in support for or against.
Maybe if you can explain to the commissions how all of this happened. I think no
harm, no foul, quite frankly.
MR. BRILHANTE: May I request a recess, of just maybe three to five minutes
just to?
CHR KANUHA: Ms. Wille, I want you to make your one point that you want
and then I'll come back after the recess to you so you can
MS. WILLE: Yeah, I agree.
CHR KANUHA: Okay.
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MS. WILLE: I just want to say you weren't here at the last meeting when we
discussed this point, and I had brought forth my suggestions as a communication
and not as a resolution. And in speaking to the director, you weren't in the room
at the time, and what you said was, "If you want our department or us to give
more serious deliberation and consideration of your Council Member's
recommendations, then it should be in the form of a resolution." So I scrapped
what I did and re -did it, and at the same time I voted—let's just say whose.
Maybe it was Greggor's. I didn't fully agree with his, okay, but I supported it in
that sense. And based on the Director's recommendation, that here it is. It
doesn't mean we're all voting for it into law, but we're all supporting that it be
given more serious consideration and deliberation, as coming from us.
If we want to later send an email, just like any ordinary person, or the CDP
(Community Development Plan), we can do that. But if we wanted to give more
serious thought as a Council Member—and having been availableI mean, I took
things out of mine that were opposed. that we listened. So, I don't expect
well, I would hope everybody here agrees with everything I said. But, that wasn't
the point. The point is that we're saying, "We've looked at it." If there were
things thatGreggor changed during the deliberations, he listened to the public. I
made changes based on what the public said.
So, I just feel that Mr. Brilhante was not here for that discussion. I felt it set a
stage. If people were asking me to change mine, I'd say I want a re -vote on
everything that came before the other Council Members. I didn't look at them in
that vain. So, I thought we were straight on this at the last meeting.
CHR KANUHA: Thank you, Ms. Wille. I've got to take a recess. Real quickly,
just to figure out some things, what's going on. Real quickly. We're going to be
in recess for a few minutes.
Recess: At 2:28 p.m.; the Chair called for a recess.
Reconvene: The meeting reconvened at 2:35 p.m.
CHR KANUHA: Thank you for your patience. I'm going to hand over
the—Mr. Onishi.
MR. ONISHL Okay, thank you. I guess through all thismembers, if you folks
remember, when Ms. Wille had brought in her communication to move it
forward, what happened was that the discussion was that because Mr. Eagan had
made his resolution to extend the deadline to September 8, right, it had to be by
resolution going to the director. So, that's why when Ms. Wille bought her
communication, we said, "You cannot do that, you need to do it on resolution," so
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that's why in her situation I think we closed and filed her communication. Or, did
you withdraw it?
MS. WILLE: I think I withdrew it. But, whatever.
MR. ONISHL Yeah, but whatever she had to do, because she had to redo it and
do it as a resolution. Because in the resolution that Mr. Eagan had submitted, and
we all voted on, was suppose to be by resolution. But then, as I look at mine that
I had made—yeah, mine also has amendment which shouldn't be amending, I
guess, the General Plan, it's just a proposal to the director. So already our titles
are all wrong. So, to me, we cannot move backwards because we passed all the
deadlines, right? So we've just got to except those, but make it on record, that the
Director and Corporation Counsel needs to explain to commissioners or to the
public later on, too, that it's just a proposal. But then, maybe for ours that we're
having today, we can change the title. Would thatI meanI don't want to
support one amendment. It's not going to be an amendment to the General Plan.
Your title, look at your title what it says.
MS. WILLE: They all say the same.
MR. ONISHL Yeah, and we don't want to say that, so I'm just saying that's why
we're in this situation. But, thank you.
CHR KANUHA: Thank you, Mr. Onishi. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I just want to correct some information
that was said. I did not create a resolution. It was a communication to bring in
the director of Planning. We had a communication. I formally asked the director
if we could extend the initial amendment phase regarding the Council, and with
result that the Director agreed to extend it. We had no authority nor any power to
extend the deadline. It's only in his authority and jurisdiction to do that. So,
there was no resolution passing to extend the general initial phase.
Now, it being by resolution, I believe it's in the document of the General Plan that
the Council initiate amendment should be by resolution. I don't have it in front of
me right now, but I'm sure Mr. Brilhante can look at the amendment and read that
portion of that section to clarify that or verify what I'm saying. But the reason
why that is important, the Council initiate it, is because the Council—the majority
approves of it and the Council as a whole supports it, hence they would take it
into consideration while I'm going through the General Plan. So, I just want to
state that it wasn't us who extended the deadline. It was by request of this body,
asking the director. The director extended it, and then we're here now and that's
where we're at.
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MR. ONISHL Mr. Chair?
CHR KANUHA: Thank you, Mr. Eagan.
MR. ONISHL Just to answer to
CHR KANUHA: Okay, you're going to answer to Mr. Eagan.
MR. ONISHL Yeah, okay. Maybe I made a mistake by saying a resolution, but it
was a communication from you, with the discussion with the director to extend
the deadline, right? And then, I think, through discussion, it was said that we do a
resolution to you, to the director, in whatever changes that we wanted. No, but
I'm just saying—we're not looking—because nobody really brought up any books
at that time, I think. It was just a discussion among everybody and also with the
director, on what you wanted. Because Ms. Wille had a communication, right?
After that meetings, right? About two weeks later, whatever. And then it wasn't
like accepted, right, so that's why she did the resolution now. So, it's through all
discussions on what happened. Thank you.
Point of Information: MR. ILAGAN: I got a point of information that would be clear.
CHR KANUHA: Okay, state your point, Mr. Eagan.
MR. ILAGAN: Okay. On Amendment Procedures, Comprehensive Reviews
Section 3, on 16. 1, "The Planning Director shall establish a deadline for Council
initiated amendments during the comprehensive review, which shall be not less
than 120 days after the initial notice under Section 16.12." Now, this is the
second sentence, which is the most important, "The County Council may initiate
such amendments by resolution."
CHR KANUHA: Thank you for your point of information. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. We're getting really caught up in the
procedure, yeah, involved in all of this, but cannot help. It just kind of caught us
blindsided, and maybe we should have known better.
But when I think—these are my thought processes, "What do I want to achieve
here?" I want to show deference to my colleague on her proposal to the Planning
Director, okay? So, how do we get that done? I know this is not—language isn't
consistent in what's provided here in the amendment procedures, or what the
intent may be, but certainly it's still nonbinding. I would say so that we can speed
this process along—because if not, if we're just going to talk about—we're going
to spend this much time on process, if we go into substance; we're going be here
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until tomorrow, right, and I don't want to do that because I'm not prepared really
to discuss the substantive matters that are containing each of these things.
So I guess what we could do, Mr. Chairman, it's really up to youI'm still going
to vote in favor of this. But I want it made clear, and if you could convey, as I
stated earlier, tell the commission that at least one member, Mr. Chung, took no
position This was just give them the background, and this is the mechanism by
which Ms. David's recommendation came to the commission.
Now, if some members of this board want to actually state their strong support of
what's contained in the resolution or resolutions, then that's fine too. Then you
guys just take notes of who's in favor and who's taking no position. I think that's
a sensible solution to all of this, maybe we're all under mistaken impression as to
how all of this was supposed to work. That's all I have to say. Thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. Wille. We're going to do one
more round and then we've got to move forward.
MS. WILLE: Okay, just on this pointI mean, let just say, I would suggest that
we do a verbal amendment. And on the last paragraph, where it says `Be It
Resolved," that after "ultimately," we say "if deemed appropriate." And then
there's "incorporate," "these recommendations into the final proposed
amendments." So, just getting the word "recommendations" in there and
clarifying that these are recommendations. If that's important, then I think that
we can do it. But otherwise, I think that we all have made it clear, the intent.
And that's how we all voted on the others. Bill was not here to bring us up to
higher level of legal expertise, and I wasn't clear. And I sought to find that out
before I did a communication, and now doing it as a resolution.
Okay, that's it on this point. But, if that makes you happier—but otherwise, I
think we should just go on here.
MR. BRILHANTE: Again, William Brilhante. I'm sorry, I almostI would
much rather have this discussion here today, now then four years down the road
when there's something that's pending litigation or something to that effect. So
although we're back and forth, and it seems to be a big problem now. Right now
it's a weed. I'd rather pull the weed now then when it gets into a big albizia.
MS. WILLE: So my question isso, you didn't answer, though. My question
is would that make you feel better? Would that make you feel more comfortable
with the language if it was changed to that, or do you feel comfortable now
with having had this discussion and all of what has been stated on the record?
Because my resolution has the same language, and I don't want to go through this
20 minutes from now.
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MR. BRILHANTE: I would be comfortable. And, it's not my comfort level. It's
just that, again, the basis is
MS. WILLE: Okay, just answer me yes or no, would you be more comfortable
with this language added in? I'm happy to propose that.
MR. BRILHANTE: I think your proposed language makes it clear that this is a
recommendation going forward and there's no strings attached as to whether or
not the information or proper recommendations will have to be incorporated into
the final documents.
MS. WILLE: Then I'm making a motion to do an amendment. That after the
word "ultimately," this is on the bottom of whatever page it is, in the Be It
Resolved, "if deemed appropriate to," and then the word "incorporate," and then
"these recommendations," and delete "them as appropriate." So the "them,"
which is very vague, becomes the—recommendations. So that sentence would
read, `Be It Resolved by the Council of the County of Hawaii, that the Planning
Director consider the following proposals during the Director's review and
analysis of suggestions offered during this initial phase of the comprehensive
review and ultimately if deemed appropriate to incorporate these
recommendations into the final proposed amendments to the Hawaii County
General Plan," thereby making clear that the "them" are recommendations.
Anyway, that's my motion. If someone wants to second it?
Motion to Amend: Ms. Wille moved to amend Res. 256-15, by deleting the
words "them as appropriate." Seconded by Mr. Onishi.
CHR KANUHA: It's been moved to amend Resolution 256. I'm just trying to
see if it's okay with the Council or with the Clerk that these are voice
amendments. Or, would we preferably have it written down?
MR. MAEDA: A written amendment would be much more preferred.
CHR KANUHA: Yeah. Okay, it would be preferred. I just want to make sure
that the Council would be okay; if we understand completely what we're
amending, I just want to hear the language again. For the second, "this initial
phase of the comprehensive review process and ultimately, if deemed appropriate,
to incorporate these recommendations into the final proposed amendments," and
getting rid of "them as appropriate."
MS. WILLE: That's right. And he liked having the word "recommendations" in
there.
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CHR KANUHA: Okay.
MS. WILLE: So, I'm going to call the question.
CHR KANUHA: Okay. Well, I'm not going to take that motion because I want
to make sure that we're doing it appropriately. So, I'm not going to accept that
motion. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I guess I could support the
amendment. But this resolution and the other ones are so defective, the language
contain there. That little amendment isn't really going to do anything, quite
frankly. You've got to put more things in the recitals, relating to who is
proposing this and why we're passing this through. In deference to the Council
personI mean, I'll support it. I'm just saying I think it's enough that we just
direct verbally, the director and Mr. Brilhante, to instruct or inform the respective
commissions as to what the hell went on over here, right, and that should be
enough. But I'll vote—
MS. WILLE: I agree. I just want to come to a decision.
MR. CHUNG: Do I still have the floor?
CHR KANUHA: Yes.
MR. CHUNG: I wanted to say one more thing. I looked over—Ms. Eoff showed
me her resolution, and hers actually has language that is probably closest to what
reflects the situation. Not perfect but really good. And, it's too bad that language
wasn't incorporated into all these others. That's all I have to say. Thank you.
CHR KANUHA: I agree. Thank you, Mr. Chung. Ms. Eof£
MS. EOFF: Real quickly. That's because when I first started to have a desire to
do this I, myself, was conflicted, because I realized that I wasn't really amending
anything, since I was told a long time ago that the new General Plan would be a
sort of a different document than the one we have now. So, I didn't even want to
cite any specific sections, knowing that the whole structure the General Plan may
change. So in my thinking I was just offering suggestions to be considered during
your initial review, and that's how mine is shorter and worded.
But I do agree, at this point, we have so much on the record now. And if the
process that we're in is only that you're taking these suggestions during your
review and considering them, than I think we're okay. I feel pretty much as
Mr. Chung does, that it's basically just that we're trying to figure out a vehicle
to get these—free to consider these. Take them or leave them. But I knowI
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was willing to go with this amendment to the final Be It Resolved, if that makes
the Corporation Counsel feel good about it.
CHR KANUHA: Okay, thank you. I was just informed, based off of our rules,
that if it's more than a typographical correction. That it's going to have to be
written down and submitted through the Clerk's office.
MS. WILLE: I withdraw my amendment.
Withdraw Motion Ms. Wille withdrew her motion to amend Res. 256-15.
to Amend:
CHR KANUHA: Thanks, Ms. Wille. And I think if we—you look at—I don't
know how comfortable you are but, Mr. Brilhante, the Be It Resolved, it says
basically that it's a "Director's review and analysis suggestions offered during
this initial phase of the comprehensive review process and ultimately incorporate
them as a appropriated." I don't know how comfortable you are or not with that.
It's just that, "as appropriate," if it's not legal down the road or if it states—it's
contradicting what we're submitting;"as appropriate," you shouldn't be—don't
consider it.
MR. BRILHANTE: My response to that was—would be that it can be
interpreted two different ways; "ultimately incorporate as appropriate" could be
exactly as how you described it now. Or maybe another understanding of "as
appropriate," maybe can be incorporated into the appropriate section of the
document. You know, what's appropriate "as appropriate" refers to what, and
that's what I was looking at, just the vagueness of the language. Are we saying
that these amendments shall be ultimately incorporated, as appropriate into the
final proposal? By appropriateness, are we saying in the appropriate category,
appropriate section, you know, what "appropriate" means. It's vague and that
could be misunderstood.
CHR KANUHA: Okay, I agree. So, Council Members, we're considering this in
the current form right now. So I don't know what you guys all want to do, but I
think—okay, I'm going to, Ms. Poindexter.
MS. POINDEXTER: I just want to say for the record and based on the recent
discussion, I'm going to support the resolution for Council Member David's
recommendations. So that's what I'm supporting, just the recommendations that
she has. Because they're some others that had already passed and some that are
coming forward, hat I don't agree with a lot of things in there, because I don't
think my community would agree with some of the language there that I'm going
forward with. That I didn't evenI'm working with them on some other stuff
So, for the record I'm supporting Ms. David's resolution as her recommendations,
knowing that it may not have any force of law in amending. So, thank you.
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CHR KANUHA: Thank you, Ms. Poindexter. And I was going to actually ask
the Council, just state if you guys want to do so. Your last words; if you're
supporting the entire resolution or you support the recommendations brought
forward by Ms. David. I think—the point we're at right now, I think, that's where
we need to go. So, Ms. David?
MS. DAVID: Okay, so I'll be the first one to start. This resolution is purely my
recommendations to the Planning Department for the General Plan. Thank you.
CHR KANUHA: For them to consider?
MS. DAVID: For them to consider.
CHR KANUHA: Thank you. Mr. Eagan, go right ahead.
MR. ILAGAN: Thank you, Mr. Chair. I just want to ditto Council Member
Chung. So when you guys are going to through the process, just let him know.
There you go again, they're not listening to me, too. But, I just want to say I ditto
what Council Member Chung said. I necessarily don't agree with everything on
here, but I do want to support my colleagues and her point of view and I want to
vote and support this. Thank you.
CHR KANUHA: Thank you. Mr. Onishi.
MR. ONISHL Mr. Director, do you have any comments? You've been quiet
that's why.
MR. KANUHA: Duane Kanuha, Planning Director. Yeah, I have two comments.
Number one, I think this is a really cool resolution. I think it would make—what
we end up with, pretty unique in terms of other Planning programs and
documents. The second point is crystal clear what you guys are conveying.
MR. ONISHL Okay, thank you. I just wanted to mention my resolution was for
the General Plan, was for my district only, Wasn't any other district, so you guys
don't have to worry about anything, okay? Was only in District 3 concern, okay?
And I just want to make a note that I also support the recommendation by
Ms. David, in supporting that the Planning Director looks into her request. Thank
you.
CHR KANUHA: Thank you. Mr. Paleka.
MR. PALEKA: I'm going to state that I support this. Not the resolution, but I
also support the principals of the ahupua`a system. It's a system that was in
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practice for thousands of years. Some might argue that it's out-of-date. Maybe if
we tweak it, apply the technologies of today. It worked in the past, why shouldn't
it work in the future? But more so, this is just a process where we're offering
suggestions for the director to consider. I don't see the use of us—to me, it's kind
of a waste of time, to be quite frank, to be haggling over the process. This is just
getting information, input to the director and staff to be, perhaps, incorporated, in
who support you at this point. Hey, it's all good because we still got to look at
it—but the final product comes back to us again anyway, so we're going to end up
either amending that and approving it. But, let's move forward. But, I do support
ahupua`a. Maika`i no, mahalo.
CHR KANUHA: Thank you, Mr. Paleka. Any other Council Members? I think
we've heard from pretty much everybody. Just basically, I, as well, support this
resolution, and I support the intent of—supporting Ms. David to send it to the
director for review and analysis. So, we'll end there. We don't have to take a
roll call, do we? No. All in favor of supporting Resolution 256-15 say "aye."
Vote on Res. 256-15: The motion to adopt Res. 256-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you. Okay, does anybody need
to take a break, or can we keep going? Okay, Resolution 257.
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Res. 257-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII
GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN
COMPREHENSIVE REVIEW PROCESS
Proposes the following amendments to the General Plan: 1) Retain Sections 1.1
and 1.2 of the 2005 General Plan as Chapter 1 of the Revised General Plan;
2) Insert Exhibit A "General Plan Policies And Principles" as Chapter 2 of the
Revised General Plan; 3) Insert Exhibits B through O, "General Plan
Categories" as Chapter 3 of the Revised General Plan; 4) Retain Chapters 15
and 16 of the 2005 General Plan as the final chapters in the Revised General
Plan; 5) Place the 2005 General Plan Sections 1.6, 1.7, and 1.8, as appropriately
updated, in the Appendices to the Revised General Plan; 6) Place all statistical
analysis and background research in the Appendices to the Revised General
Plan appendices; and 7) Place the Strategies and Action Plan Sections in a
separate chapter or in the Appendices to the Revised General Plan as the
Planning Director deems appropriate.
Reference: Comm. 430
Intr. by: Ms. Wille
Waived: PC
(Note: Comm. 430.2, dated August 31, 2015; and Comm. 430.3, dated
September 2, 2015, from Council Member Margaret Wille, transmitting
proposed amendments to Res. 257-15, was circulated.)
Motion to Approve: Ms. Wille moved to adopt Res. 257-15. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Wille.
MS. WILLE: Okay. Now, these are my recommendations and I ask for your
support in the sentiment that was expressed under the last amendment, and
hopefully that's clear.
I think the main thing that I see is I think there was a lot in our last General Plan
that was really, really good, and we didn't really use it. We didn't focus on it. It
wasn't—it was largely ignored. I mean, when I was on the CDP (Community
Development Plans) Steering Committee I read it and said, "My gosh, there's a
lot of good stuff here."
So, I really think that we need to make this a meaningful statement of our
long-term goals, and how we get there. And the wayI think we ought to do it is
to really focus first on what our goals and our principals what are—like,
the ahupua`a. That are—how do we look at the future? What are our goals?
What are our policies? And if you look at our present one, that's what it says. It
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says, "The purpose is to guide the future development the County based on long
term goals; indentify the visions and values and priorities; provide the
regulatory—framework for regulatory decisions." So if we just go ahead and start
looking on, okay, what are the next steps we could take in each area. We're not
doing that.
If you look at the guide that we have here, from the department, this was the old
Communication 315.1. What sort of missing there is, what is the mission; what is
the goal? So I would like the department to focus first on what are those goals
and strategies. I tried to take this assignment seriously, and I usually have
something to say about mostly anything. So that's what I did; it takes out
everything on the local level, just island -wide policies, takes out the strategies,
takes out action plan, and just what should be our goals in these areas.
For example, one being—say our policy is to focus on a transit oriented design of
connectivity, then we look at it different; then just saying, "Okay, we're doing
mass transit and focusing on roads," then we design everything that way. So, I
would have trouble if you just go and take this and you go off And then four
years later, you're coming back with a plan with all the strategies and action
items, when we haven't pinned down our goals and policies.
Anyway, what I wrote up was what I see as policies, and I tried to make it focused
and clear in each of the different areas that are in the current draft, as well. I
incorporated those areas, where we have overlapping jurisdiction with the State
because I don't think we should advocate from the areas of overlapping
jurisdiction.
I think Council Member Paleka earlier brought up an issue, like, about health.
We do have a kuleana. It's not in here, like health and energy and education. We
should take on that responsibility, and we should think about community health
and community that.
I want to first just amend this, if I could, with Communication 430.2? That
incorporates a lot of suggestions that were made. It also incorporatesI have two
amendments. I have that oneI'd like to do—incorporating a lot of the input I
got from the public.
Relinquish Chair: At this time, Chair Kanuha relinquished the Chair to Vice Chair Poindexter.
ACTING CHR. POINDEXTER: Okay, there's a motion on the floor. Let the
record show that I have assumed the Chair.
MS. WILLE: 430.2.
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Motion to Amend:
Vote on Motion
to Amend:
(Approved)
September 2, 2015
ACTING CHR. POINDEXTER: Okay, so there's a motion to amend with
Comm.430.2. Is there a second?
Ms. Wille moved to amend Res. 257-15 with the contents of
Comm. 430.2. Seconded by Ms. David.
ACTING CHR. POINDEXTER: Okay, Council Member Wille.
MS. WILLE: Okay, so if someone has a question on—in this, it shows what
would be the difference by being italicized. Here, I made changes; including, for
example, I put in all of the other Council Members proposed amendments so
every one of them will be in here. But anyway, I'm just saying this also has
input; additions, if you want to look at it. What's underlined is what's italicized.
So unless there's a question, I'm not going to go on and explain it.
ACTING CHR. POINDEXTER: Okay. So, is there any discussion on
Communication 430.2? No? Okay, so I guess we can take a vote. All those in
favor say "aye."
The motion to amend Res. 257-15 with the contents of
Comm. 430.2 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Wille, and
Acting Chair Poindexter – 8.
Noes: None.
Absent: None.
Excused: Chair Kanuha –1.
ACTING CHR. POINDEXTER: So now we go back to Resolution 257-15, as
amended with Communication 430.2. Council Member Wille.
MS. WILLE: Yes. And again, I'd like to make an amendment, and this is 430.3.
And what 430.3 is, I incorporated several of points that were made in the public
testimony today, including one that I had was
ACTING CHR. POINDEXTER: Okay, are you making another motion to
amend?
MS. WILLE: Yes, I am.
ACTING CHR. POINDEXTER: Okay, so what is that communication?
MS. WILLE: This is Communication 430.3. It amends
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September 2, 2015
ACTING CHR. POINDEXTER: Okay, so there's a motion on the floor and a
second by Council Member Onishi, to amend 257-15, as amended. So, now
we're on Communication 430.3.
Motion to Amend: Ms. Wille moved to amend Res. 257-15, as amended, with
the contents of Comm. 430.3. Seconded by Mr. Onishi.
MS. WILLE: Okay, and this only amends Exhibit C, Economic Development;
and Exhibit F, Energy. It's the stuff that's italicized and underlined. And just to
give an example, on the energy part, I incorporated a number of points that
Mr. Kassel brought in today, and asked that I had him forward his email. I also
did something on energy self-sufficiency, that I got help with from the folks that
do the energy, focusing on—it being more efficient than what the County can do.
So, I would ask for your approval, just on those additions, input that I got from
the public today. I just did this quickly because we have this deadline and had the
testimony today.
ACTING CHR. POINDEXTER: So, is there any other discussion on
Communication 430.3? Council Member Onishi.
MR. ONISHL Yeah, just to make a note that I'm supporting Ms. Wille on just
her proposal, okay, but maybe not with what's in there.
ACTING CHR. POINDEXTER: Okay. So, we're on the communication and
then we can go back to that. Okay, for the amendment she's amending Resolution
257, as amended, with Communication 430.3, so that's what we're voting on right
now, is the amendment 430.3. Any other discussion? Okay, so all those in favor
say "aye."
Vote on Motion The motion to amend Res. 257-15, as amended, with the
to Amend: contents of Comm. 430.3 was carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Kanuha, Onishi, Paleka, Wille, and
Acting Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. POINDEXTER: So now we're back to Resolution 257-15, as
amended with Communications of 430.2 and 430.3. And, I would now give the
Chair—
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MR. MAEDA: Excuse me, Madam Chair?
ACTING CHR. POINDEXTER: Yes?
September 2, 2015
MR. MAEDA: We would need to suspend Rule 24 to move forward and vote on
this today.
ACTING CHR. POINDEXTER: Okay. Oh, because of the changes. I'm going
to give the Chair back to our Council Chair.
Relinquish Chair: At this time, Acting Chair Poindexter relinquished the Chair to Chair Kanuha.
CHR KANUHA: Thank you, Ms. Poindexter, for leading the discussion. So we
are currently on Resolution 257-15, as amended with Communications 430.2 and
430.3, if I have it correctly?
MS. WILLE: You have it correctly.
CHR KANUHA: Okay.
Point of Order: MS. WILLE: And just as a point of order, what the Clerk brought up, that
amendment to suspend so we can vote. I was going to do that at the end, but if
there's a reason I need to do it
CHR KANUHA: Do we need to do it before we start discussion upon it? Okay,
yeah, I think we should do it before we discuss. So, Ms. Wille.
Vote on Motion to Ms. Wille moved to suspend Council Rule 24 to waive the
Suspend Council holdover for the amendment of Res. 257-15. Seconded by
Rules: Ms. Poindexter and 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: Okay, back on the
MS. WILLE: And on that, do we need to do also a motion on suspend the
five-day period? We don't have to do that?
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CHR KANUHA: No.
September 2, 2015
MS. WILLE: Okay, thank you. So I'm not going to go through all the detail on
what I have in here, on each exhibit. If any of you have questions, I'd be happy to
answer those.
I do want to just say a little bit about strategy. And what I had put in here, like
principals and prioritization, which basically, in my view, is incorporating that
20/50 sustainability provision; like, trying to look at how do you go about making
decisions and trying to really be advanced, not environmental, cultural, and
economic objectives, and really work to make those work together. But in the
end, there is something that ultimately, as with the public trust doctrine, that one
has to be—it has to advance the environment. It has to be mitigated, reduced
environmental damage. And the same thing with socio -cultural well-being, or say
the ahupua`a system, and not just say, "Oh we can't do that, it's going to cost
some more," as sort of a "no can do" attitude, as far as I'm concerned. So if you
read through, that's really where I'm going on this.
I also emphasized prioritization of emergency preparedness, which I sort of have
been working on, even before I was in the Council. And, how do we do that? I
think we are moving that forward, but I didn't feel that was clear in the last plan.
Then, also, prioritization of organizational health and fiscal health, and that we
look at those things, actually, under Organizational Health. That we maybe bring
in a consultant. How can we be a better organization, how can we build in more
networking and communication; whether it's starting from the Council to the
Mayor, to the different groups?
Lastly, I'm just going to say that the Community Development Plans, I considered
to be incorporated by reference. Unless there's something explicit in the General
Plan, which would be the island -wide policies, that would take precedence and
gear. We don't have towns, we don't have villages, and we need to strengthen
and support our Community Development Plans and area, improvement plans.
Again, if anyone has something specific you want me to understand, or at any
time, I would be happy to do so. Otherwise, I yield.
CHR KANUHA: Thank you, Ms. Wille. Mr. Chung.
MR. CHUNG: Thank you. Just so that the record is complete, I want to
incorporate my comments that related to Resolution 256-15 to this present
resolution, as well. Thank you.
CHR KANUHA: Thank you for your notification. Ms. Poindexter.
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MS. POINDEXTER: Yeah, based on the previous discussion too, I'd like to go
on record to say that I'm supporting Council Member Wille's recommendation,
but I do not support the Whereas', where, it says, "WHEREAS, the Council
believes," because I believe that you're speaking on behalf of the Council which
I'm not agreeing to, because I agreed to support your recommendations.
I also don't agree that this is not only your recommendations, but you have
incorporated other Council Members recommendations, as well, into your own
recommendations. So I just want to make that clear, I'm supporting this because
of the previous discussion; and based on that, not necessarily the language and
everything that is in here. So, thank you.
CHR KANUHA: Thank you, Ms. Poindexter. Ms. David.
MS. DAVID: Yes. Just to be clear, that I'm supporting your recommendations,
Ms. Wille, to the Planning Director, based on all our previous comments. Thank
you.
CHR KANUHA: Thank you, Ms. David. Ms. Eoff.
MS. EOFF: Thank you. And if it is prudent, I'd like to also say that Ms. Wille
did a lot of work. I may not agree with everything or even the structure or
approach, but I do support this process that we honor each other's ability to send
our recommendations to the director, and I'm supporting this in that regard.
CHR KANUHA: Thank you. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. Yes, I also support the process, as
Councilwoman Eoff said. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Council Members, any other
comments? Ms. Wille, you want to finish it off?
MS. WILLE: Yeah, Director Kanuha? I just want to get his attention. He's
talking there. Maybe can you come up for just a minute, Director, and just
introduce yourself.
(Note: At this time, Planning Director Duane Kanuha came forward to
address the members of the Council.)
DIR. KANUHA: Duane Kanuha, Planning Director.
MS. WILLE: Okay, I just don't know if you have any comments or if you
understand what I'm saying, is really—that we focus on the—looking at the
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policies, and goals and visions, and then trying to get those clear, and then we
move on to the strategies and actions. If we don't know what our vision is on
something, then we're just haphazardly going about what our options are.
DIR. KANUHA: So I guess what I would say, is how are you going to set your
goals and objectives if you don't know what your vision is?
MS. WILLE: Well, that's what I'm trying to say, I agree, okay? So, we're in
agreement.
DIR KANUHA: Well, everything you have here, all your goals and objectives,
I'm not sure what the vision is. Actually, I have a lot of problems with this
resolution. Both from the standpoint of being what the Charter spells out, what
the General Plan is, that's what I got to follow, right? And if there are
amendments, as part of this amendment process that it may intend to structurally
conflict with what the Charter says I got to do then there's no way I can do that.
That's the understanding, the fact that there's specific proposals in here. And I
can appreciate the fact that you're trying to reconcile jurisdictional differences.
Right, between us, the State, the County? There is even some Federal overlap
here. But the General Plan can't do that. I mean, it can move in the direction of
some component, but the General Plan is a physical development plan for the
County, okay, and it's within that framework.
I've been working with this thing for a long time and I'm not necessarily with it to
the fact that that's what it should be. I think, for example, Councilperson David's
concept of incorporating, the ahupua`a concept, I thought it was a really neat
concept. Okay, it's still in my mind, you know, has compliance with the whole
physical development of the island, so on and so forth. But, the General Plan
can't do a lot of the specifics that are in here.
I kind of appreciate how you phrase it, the front where—and I think we talked
about this, about how the General Plan should—now that we have the Community
Development Plans, that fill in that mid-range. That the General Plan should be
this more concise, compact, right, type of document that just lays out the vision
and some of the broad goals and policies. But then, Margaret, your suggestions
drift all the way down into what a commission does or real functional things,
which actually drift into the implementation component, the whole planning
process. So what I would do, if I looked at this, is the structure I'm okay with.
But some of the implemented actions, they don't go in the General Plan. It goes
in the policy set amount, and they get implemented through at a Zoning Code or
various commissions; most of them through the CDPs. So there are a lot of CDP
implementing actions in this, as well; that's kind of my difficulty, yeah? It's kind
of a mixed mesh of different kinds of things. So, that's just my comment.
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I've talked to Mr. Brilhante in terms of how legal is this? Because it kind of tends
to boarder on, perhaps, more an amendment to the Charter to incorporate some of
these things, right, revising the General Plan? We're not hard and fast on that, but
it has those kinds of overtone. So, that's generally my thoughts on what you
have, yeah?
MS. WILLE: Okay, and I appreciate that. And I do think there's—when you
look at, both the State's statute on our General Plans sort of a slight take, and the
way the State's Plans are, which really went for more just a physical
infrastructure. And now they do, we have to have what our visions, and planning,
and goals more along the way of what I have. And if you look in Chapter 1. 1, it
says, "The purpose here and including identify visions, values, and priorities"
DIR. KANUHA: Right.
MS. WILLE: which one could say, some could argue, is different than what
we have in the Charter, or I'd provide the framework for regulatory decisions.
So, I appreciate what you're saying and I realize you wouldn't necessarily agree
with everything in there. We can talk further on that. But thanks for reading
through it, anyway, and looking at them. And that's what—it's here, I mean, I
think we're all brainstorming and getting ideas, and looking at things in different
ways. Okay, I yield.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion Council
Members? Mr. Paleka.
MR. PALEKA: I would just like to comment. Margaret, thanks for all the hard
work you did in proposing this document. There's a lot of good stuff, and some
stuff we don't agree. But I'm just hoping—and I'm sure the director will consider
much of what you proffered. So my hope is that all of our information, all of our
mana`o, and that's what it is, it's our mana`o, to get to the director for
consideration, and I'm confident that we'll do that. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi.
MR. ONISHL I'll make a comment, too. Yeah, looking at thisI mean, it looks
good. I mean, it's like—like the director said, like "Too detailed." For example,
in your agriculture, you have value added agriculture enterprises including mobile
slaughter houses. The State is already doing that. I think they have one that's
being built, that's going to be put in Hamakua already. So the State is already
doing it, and like the director said, "You're overlapping."
You had where, land use, you're putting sense of place and rear parking, and
you're putting where shopping center parking be located in the rear building;
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required natural vegetation strips; cannot be trees; all roadways. I mean, to me
it's all like the maintenance part. People going have to maintain all this, right?
And then you also put also walkways, pedestrian walkways. I mean, that means
maybe Public Works going to have to do that, too, and they're going to have to
maintain, and where are they going to get the money from to do all that work?
You're looking at education. I mean, to me that's more of a State function, a
DOE (Department of Education) kind of thing; and you're talking about libraries.
I mean, unless the County is going to come up with some funds for them or to
implement this.
You put Fire and Police services, you put community police, implement
community policing throughout the Police Department. They do have that
already, and they have it in all the different districts.
One thing, like you put about like doing more enforcement in high drug focus.
That's good, to me, yeah, that they should be looking into that.
You put in water safety. You put in lifeguards, provide sufficient lifeguards and
lifesaving equipment at all public pools and beaches. I mean, that's another
funding issue that we're going to have; and then some, also public places is State,
so it's up to the State if they're going to be paying the County to provide the
lifeguards at those locations.
And the last one, which I like, is the animal welfare and abuse preventions. Like
about feral dogs and cats, you're looking at trying to reduce that. You're talking
about feral chickens, which we all have problems, like especially the urban areas
and so forth, right? You have the Game Management, which we do have, the
County, that needs to work more closely with the State, right? Animal abuse
prevention. You do have some good stuff but then you also have some—like,
you're overlapping, and then you have some stuff in there that they're already
doing it. But, I'll support it because of what you just brought up. Okay, thank
you.
CHR KANUHA: Okay, Council Members, any other discussion? Okay, I'll
just quickly add that there was a lot of things in here that were good and I thought
would be great inside the General Plan, and there were a lot of things in here that I
didn't feel needed to be in the General Plan. But, I would have supported the
communication being sent to the director. But as we said the last time—sure, one
Council Member sends a communication to the director, yeah, it's obviously not
going to be as encompassing or take as much importance as a whole Council
sending a basically saying, communication to the director. So that was the point
that was made the last time, and I understood that. I'm sure this is going to give a
little bit more weight.
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But, my support is for Ms. Wille. I support her sending this resolution to the
director to look at. Whether there are somethings that are in conflict with State
and Federal law, with what we can do within our County, or not really law but
jurisdictional wise. So, the Planning Director is going to have to figure a lot of
that out. I wish you luck. But I do support the intent to send Ms. Wille's
resolution to the director. So saying that last, I'm going to take the vote. All in
favor of Resolution 257, as amended, say "aye."
Vote on Res. 257-15 The motion to adopt Res. 257-15, as amended to Draft 2,
Draft 2): was carried by the following voice vote:
(Adopted)
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.
MR. ILAGAN: Mr. Chair?
CHR KANUHA: Yes.
MR. ILAGAN: Would it be possible before we move on to the next one, if we
could just get a two minute break?
CHR KANUHA: Sure we can do a five minute break. Five minute recess.
Recess: The Chair called for a recess at 3:28 p.m.
Reconvene: The meeting reconvened at 3:37 p.m.
CHR KANUHA: Okay, we are coming out of recess. And, Mr. Clerk, can we go
to the next resolution?
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Res. 258-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII
GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN
COMPREHENSIVE REVIEW PROCESS, RELATING TO ROADWAY
ACCESS IN THE DISTRICT OF KA`U DURING TIMES OF FLOODING
Proposes to amend the General Plan to investigate potential solutions to prevent
the closure of the Hawaii Belt Road due to flooding, including improving,
acquiring, and maintaining alternate routes.
Reference: Comm. 431
Intr. by: Ms. David
Waived: PC
Motion to Approve: Ms. David moved to adopt Res. 258-15. Seconded by
Mr. Paleka.
CHR KANUHA: Go right ahead, Ms. David.
MS. DAVID: Mahalo. And this is another resolution of my proposals to the
Planning Director for General Plan amendments. And very quickly, it's a real
simple one. I'm just asking them to consider in the flooding and other natural
hazard section of the district of Ka`u, in their courses of action. Just to expand
on subparagraph (c), original language says to "Investigate potential solutions to
prevent the closure of the Hawaii Belt Road due to flooding," is what it has
right now. But I'm just proposing that they consider adding, also to
include "improving, acquiring, and maintaining alternate routes." Because
Highway 11, like Kawa, once that road floods over, there's no real access except
through the—sometimes through the plantation road, and that's even not safe. So
we do need some alternate routes for safety purposes, and I'm just asking for their
consideration of this proposal. And based on the discussions we've had earlier,
I'm asking for your support of these proposed recommendations. Mahalo.
CHR KANUHA: Thank you. Any other discussion? Mr. Ilagan.
MR. ILAGAN: I just wanted to ask, Mr. Chair, is this last General Plan
amendment on the agenda?
CHR KANUHA: I hope so.
MR. ILAGAN: It's the last one?
CHR KANUHA: Yeah.
MR. ILAGAN: I just want to say to the Planning Department, if you want to
blame someone, you can blame me. Because before I extended, I asked to extend
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Vote on Res. 258-15
(Adopted)
September 2, 2015
this process. There wasn't any Council amendment by resolution for this General
Plan. So I just want to say if the department wants to vent out, they can vent on
me.
CHR KANUHA: Okay, so when the lawsuit comesnah, I'm just kidding.
Okay. Mr. Paleka.
MR. PALEKA: I just want to commend our colleague, Council Member Eagan,
for bringing this to our attention and giving us—and asking—and also the director
and his department for allowing us the leeway of bringing these items and mana`o
for consideration. Thank you very much, Director Kanuha and attorney Brilhante,
and by buddy, Greggor. Mahalo
CHR KANUHA: Thank you, Mr. Paleka. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I do want to say thank you, Director,
because you're the one who—he knows I'm thanking him.
CHR KANUHA: Okay. Thank you, Mr. Eagan. Any other discussion?
Ms. Wille.
MS. WILLE: Yeah, thanks for bringing this forward, Ms. David. And I wanted
to say that, in mine, I sort of expanded on what you said; because I think this is
true not just in Ka`u, but that's a priority of having redundancy and prioritizing
solutions to prevent the closure of Hawaii Belt Road due to flooding and
landscaping. Well, the entire one. I mean, this is our main highway, and it's like
okay, 11 hours down here, 11 hours down there. And I know there was one
meeting of an alternate route, where it was in Hamakua, actually, that I went to a
number of years ago. It made so much like—so happy justI mean, each place,
where we have that and provide that, and we really need to think about that as our
main artery, and what all we can do. So, thanks.
CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing
none, all in favor say "aye".
The motion to adopt Res. 258-15 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.
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September 2, 2015
CHR KANUHA: Motion passes. Next item Resolution 259.
Res. 259-15: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO
AWARD FUNDS TO THE PEOPLES ADVOCACY FOR TRAILS HAWAII
Funds in the amount of $35,000 would be used towards PATH's Bike
Education program for fourth grade students.
Reference: Comm. 432
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 259-15. Seconded by
Ms. David.
MS. EOFF: PATH (Peoples Advocacy for Trails Hawaii) has been receiving
funds in the past, and I believe this is—let me see, I think it was an additional
amount that was added in this particular measure to an already approved amount.
Let me see, hang on. I don't know if there's any questions about it. I urge you to
support this. PATH has a lot of good programs that they're working on. I think it
was for bicycle funds, as I remember.
CHR KANUHA: Thank you, Ms. Eoff Ms. Wille.
MS. WILLE: I have a question for Ms. Eoff, if it's okay? Ms. Eoff, is this only
for fourth grade? Only for bicycle programs for fourth graders? It's limited?
MS. EOFF: I believe that was what this funding was for.
MS. WILLE: Okay. That's it.
CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I'm not sure if Councilwoman Eoff
knows this question. And I just want to state, first of all, I'm a supporter of
PATH. I just have some technical questions. My guess, the Bike Fund, I believe,
is a Special Fund, and is that Special Fund—does it transfer to Parks and
Recreation because it says that the department of Parks and Rec will like to
provide this grant? Don't you have to do a is it a transfer to Parks and Rec and
then they execute the grant from the Bike Fund?
MS. EOFF: I would have to have someone from Parks to explain this to you. I
don't think I can give you a correct answer.
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CHR KANUHA: Finance.
MS. EOFF: Or, from Finance.
MR. ILAGAN: Okay.
September 2, 2015
MS. EOFF: I'm sorry, Ms. Sako couldn't be here today. We asked her to, but
she's off island
MR. ILAGAN: It's not very critical. I just wanted to find out for future purposes
in case I might have some sort of use for that. Thank you.
CHR KANUHA: Thank you. Any other discussion? I think we can, after the
fact, ask the Finance Department. Ms. Sako isn't here. She's probably on Oahu.
MS. EOFF: Yes.
CHR KANUHA: Okay, any other discussion? Hearing or seeing none, all in
favor say "aye."
Vote on Res. 259-15: The motion to adopt Res. 259-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, let's go to Resolution 260.
Res. 260-15: AUTHORIZES THE ACCEPTANCE OF A GRANT AWARD OF $50,000
FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND TO
SUPPORT THE OFFICE OF HOUSING AND COMMUNITY
DEVELOPMENT'S DIRECT DEPOSIT INCENTIVE PROGRAM
Funds would be used to provide Direct Deposit Incentive program participants
incentives for opening and maintaining an account free of overdraft fees and
introduce participants to additional financial and employment related services.
Reference: Comm. 433
Intr. by: Ms. Eoff
Waived: FC
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Vote on Res. 260-15: Ms. Eoff moved to adopt Res. 260-15. Seconded by
(Adopted) Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Real quickly, we'll go to Bill 80 for the actual
appropriation.
Change Order As directed by the Chair and with no objections from the Council Members,
of Business: the following item was taken out of order:
Bill 80: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the Housing Private Contributions account ($50,000);
and appropriates the same to the Direct Deposit Incentive Program account.
Funds would be used to provide Direct Deposit Incentive program participants
incentives for opening and maintaining an account free of overdraft fees and
introduce participants to additional financial and employment related services.
Reference: Comm. 433
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 80 on first reading. Seconded
by Ms. David.
CHR KANUHA: Is there any discussion? Just real quickly, I just wanted to
point out that Ms. Hirota, from the Housing Department was here earlier and was
here for a long time. If anybody had questions, obviously she not here, but I did
want to say she did make it here earlier for several hours but couldn't be here
right now. Okay, all those in favor of Bill 80 say "aye."
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Vote on Bill 80: The motion to pass Bill 80 on first reading was carried
(Approved) 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 back up to
Resolution 265.
Return to Order
The Chair directed the Council to return to the order of business.
of Business:
ORDER OF
The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS:
Resolutions.
Res. 265-15:
TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES
RELATED TO THE FIRST JUNIOR POLICE OFFICERS (JPO) PROGRAM
AT PAHOA ELEMENTARY SCHOOL
Transfers/appropriates $1,000 out and from the Clerk -Council Services —
Contingency Relief account (Council District 5); and credits the same to the
Hawaii Police Department, Police Administration Division — Other Current
Expenses, Educational -Recreational -Scientific account (JPO Program —
Pahoa Elementary School). Funds would be used to pay for an end -of -year
award celebration and 11 JPO shirts.
Reference: Comm. 439
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 265-15. Seconded by
Ms. Poindexter.
CHR KANUHA: Go right ahead, Mr. Paleka.
MR. PALEKA: Yeah, I'm just hoping for your support in this resolution. It does
establish a JPO (Junior Police Officer) program in the Pahoa Schools. This was
brought to my attention by Officer James Pacheco, the Community Police Officer
in my district. He was also very instrumental in our Puna Watch Program and
doing a lot of policing. He's helped a lot with our community. But they wanted
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September 2, 2015
to re -institute this JPO programs, which does a lot more. I understand it's to defer
cost for supplies and food.
They do a lot more than just hold signs, and insure that people cross the streets get
into school. The department's focus was mostly safe guarding the students while
crossing the road ways, yeah, but they also incorporate cafeteria monitors,
hallway monitors, vehicle monitors, raising and dropping the flag. They also
teach them a little bit more sense of civic duty, which is also incorporated into the
program. And, who knows, this might spark interest in one of the children, who
someday might become a Police Officer because it's a Junior Police Officer. I
think instilling those types of values at a young age can only benefit our
community. Hope for your support. And I want to thank Officer Pacheco for
bringing this to my attention. I yield.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I also want to make a comment because a
testifier made some comments about Resolution 265-15. One of the difference
about the fact that he mentioned education, and the Department of Education
should have quality programs, and this is actually initiated by the
Police Department wanting to get involved with the kids. Just like
how HI -PAL (Hawai`i Isle Police Activities League) works with athletics for the
youth, teaching them teamwork and collaboration, this is a Community Police
Officer getting involved with the elementary students and really teaching them
life skills.
As much as we want to provide our money into those DOE (Department of
Education) programs, it's really for the State to fund those programs, and one of
those three things education, hospital, and courts, that's left up to the State. This
is Council Member Paleka empowering the Community Police Officers to be
involved, and one of the greatest part is that these students get to see Police
Officers in a good light. Most kids in the Puna area sees the Police Officer when
they're taking away someone from their family or seeing someone get arrested.
In this collaboration, the Police Officer is interacting with the student in a friendly
matter, and they see the Police Officer as a friend rather than the enemy.
I just want to say I support Council Member Paleka in this, and I feel and
understand what the testifier said, but this does not mean that we're using a
thousand taking it away from Department of Education. They have their own set
of funding, and we encourage them to improve education for the youth all around
the State. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Okay, hearing
or seeing none, all in favor say "aye."
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Vote on Res. 265-15: The motion to adopt Res. 265-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item, Mr. Clerk.
Res. 266-15: URGES HAWAI`I'S CONGRESSIONAL DELEGATION TO PROPOSE
AND PASS AN AMENDMENT CLARIFYING THAT CORPORATIONS
ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS, AND THAT
UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH
Reference
Intr. by:
Waived:
Comm. 445
Ms. Eoff
GREDC
Motion to Approve: Ms. Eoff moved to adopt Res. 266-15. Seconded by
Ms. Wille.
MS. EOFF: Mr. Chair, before we enter into discussion, I'd like to correct a typo
in the seventh Whereas. So this would be just a floor amendment, and I was told I
could do that on the floor because it is just a typo. So I move to amend the
seventh Whereas, where the word says "unites," it should say "united."
Vote on Motion Ms. Eoff moved to amend Res. 266-15, by changing the word
to Amend: "unites" to "united" in the seventh whereas clause. Seconded
(Approved) by Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter Wille, and
Chair Kanuha — 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi — 1.
CHR KANUHA: Okay, now on to the main motion, as amended. Ms. Eoff
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September 2, 2015
MS. EOFF: Thank you. So I wanted to just give a little bit of history on this,
there was a lot of public testimony today so I really don't need to reiterate all of
that.
A few months ago, the Community Enterprise Group, it's a group that provides
town meetings in West Hawaii, they held a forum and they have speakers
speaking on this move to amend initiative. I attended that, and I was very
enthusiastic and offered to bring this forward to the Council.
So, I did have some time to look over some various language that was provided
over different municipalities. I looked back at some of the things that our State
has supported in the past and previous Councils. Actually, back inI think
Hawaii, as someone else stated, was on the forefront of this movement, back in
2010 the Legislature did send a measure to Congress. And then 2012, I believe it
was the Hawaii County Council also sent a measure, followed by the City and
County of Honolulu. And then just recently, in 2015, July, the Kauai County
Council, a few months ago, adopted a similar resolution; and I'm told that Maui
County Council will be hearing one that's been transmitted to the Maui County
Council.
I spoke with Tulsi Gabbard not too long ago. She was one of the ones who
initiated the early resolutions in 2010. She was a champion of this measure,
and she has informed me that she will be sponsoring a joint resolution to
Congress to see this through. There are currently measures in Congress, but
we don't know yet what the final outcome will be. They'll probably be several
in the U. S. Congress that will address this proposal.
When we were in Washington D. C., not too long ago, earlier this year, I was
taken by the words in Lincoln Memorial, which are engraved in the wall; that
reminds us to preserve our democracy, and that the government of the people, by
the people, and for the people shall not perish from the earth, is our main principal
that would guide the democracy in the future.
And, I believe there's been some issues with the Supreme Court decision, that
was spoken of earlier today, Citizen United, that was a split decision, and I think
we're seeing the roundifications of that now, in this upcoming presidential
election. There's just an up -seen amount of money that will be spent, and a lot of
it is not transparent, and it comes from corporations and we have no way to keep
our government clean, and keep our elections clean, and keep people participating
in democracy, if it seems too overwhelming, that the voice of the people is not
being reflected in the outcome of elections.
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So, I don't think I need to go too much more into it. We heard a lot today already.
But I would urge our support for this today, and keep Hawaii on the cutting edge
of pursuing this measure.
CHR KANUHA: Thank you, Ms. Eoff Council Members, discussion?
Mr. Chung.
MR. CHUNG: Oh, thank you, Mr. Chairman. Yesterday we had an ethic's
measure introduced by Ms. Wille that came before us, and I voted against that.
And in doing so, I stated that I'm not against ethical behavior or even ethics
reform, I just had some problems with the language and the way it was formatted.
But I've since learned that Ms. Wille is going to be integrating those concerns,
and I think when all is said and done we're going to have a good ethics bill.
Now, I use that as a backdrop on this thing. The easiest thing for me to do today
would be to vote "yes" on this, but I will be voting "no." Not because I'm for
crooked government, or more money, coming in. What I find objectionable here
is that it vilifies corporations, specifically. The real problem—actually the
broader problem here and you've touched upon itI mean, I like the intent,
okay? I'm in total agreement with the intent. But to say that we're going to seek
a constitutional amendment for the reason set forth here doesn't address the main
problem. The main problem, and some of its subcomponents, well, the main
problem is that we have this wealth gap in the United States. It's so frightening as
to what's happening now. We see it even on our island, where the rich are kind of
sometimes trying to use their muscle on government and other aspects of our
lives. And that's happening in the United States, as you point out. But, that is the
problem. It's not corporations, but it's the Super PACs (Political Action
Committee). They're piling all of these monies with no transparency. The only
thing you're able to get, I guess, out of from the Federal Elections Commission,
are the names. But, you cannot get amounts. You cannot really find out what
they're using it for. That's the big problem. That again, the super rich dictating
how we live. This is only symptomatic.
The corporations, singling out corporations. I mean, now we got LLCs (Limited
Liability Company). Since the advent of that 1990 or 2000 decision that you
referred to there, we have all different forms of entities. Not just corporations. So
if you go after Super PACs, I'm on board. This does not this is justit doesn't
really address. And, especially when you're talking about a constitutional
amendment. How often do we get a constitutional amendment going? If we're
going to get a constitutional amendment, lets really, I mean, make sure that we're
addressing what we're intending to address. Not just corporations, that's kind of
silly I think, I mean, no offense. But, that's my point. So, I have to vote against
this.
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MS. EOFF: May I respond?
September 2, 2015
CHR KANUHA: Wait, wait, wait. Hold on. I really want to give the rest of the
Council an opportunity before you can respond to—if there's any questions, if
that's okay? Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I like the fact that, it seems when the first
round goes Aaron seems to always nail the point that I intend to want to make a
point to. I just want to state, and some Council Members might remember, I put
up a resolution to increase and support more of a transparency regarding Super
PACs. And there was a bill, I don't know exactly what the bill was, but it would
increase the awareness of where the money is coming from. I specifically
targeted the Super PACs, is because that is where I have the issue at.
I agree with the statements that Council Member Chung made, due to the fact that
even non -profits are corporations. These are entities of a corporation. There are
many corporations that provide goods and services that increase our quality of
life. But they're not what the problem is, and I feel the title of this resolution
needs to be changed to target what the problem is. I want to support this. I want
to just do what Council Member Chung said, that it's easier to just say "yes," and
thinking that it will change in the future. But, there is a problem with this
resolution and it's the title. I hope the introducer will take that into consideration.
Because, I've been holding true with my integrity in the Council floor, and one of
the examples of that is that ever since I've been elected, I've never voted with
reservation, with kanalua. I've always voted yes or no. And right now I have
reservations with this. Because I support it and I've been—as yourself, Council
Member Eoff, are publically funded candidates. I believe in a clean election.
And I want to make sure that we, especially in this position with authority, that
we do make the right decision.
I have reservations with Resolution 266, but I understand your intent. I will be
voting "no," as well; but if you change that title, I can support it whole-heartedly.
Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Before we go further, I do want to
give Ms. Eoff the opportunity to respond.
MS. EOFF: Yeah, I just wanted to clarify that this language came from the
national movement. However, this isn't just targeting corporations; because the
House joint resolution that is currently alive in the United States Congress cites
artificial entities such as corporations do not have constitutional rights. It's just to
clarify that the rights protected by the Constitution of the United States are the
rights of natural persons only, and that is the point.
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So, I think thatI know I can't change the title right now. This isn't really
purposing language for the constitutional amendment. This is just to react to the
Citizens United Supreme Court's decision that had claimed that corporations have
the same rights as individual citizens. So that's why it's mentioning corporations,
but the actual thrust of the effort is just to clarify. I don't know if that helps you.
And I'm not sure what we should do here, we can think about it or continue the
discussion.
CHR KANUHA: Thank you, Ms. Eoff Council Members, first round.
Ms. Wille.
MS. WILLE: Okay. I think that if Council Member Eagan or Chung has other
ways or suggestions to dealing with this problem, I would be happy to hear those,
but this is one way to deal with it. I, however, wouldn't mind having Ms. Eoff
make amendments and postpone it and clarify some of the points that could be
misunderstood. In other words, I mean, corporations function in many positive
ways, and this isn't saying something that's an anti—that form of association is
not in itself per se something bad.
But, I agree with this and I agree with the sentiment. And I think that as far as
I'm concerned, the decision by the Supreme Court pushed—in my mind, that the
Supreme Court is just an illegitimate entity, I mean, it's not representing the
people. It's making it into, said like a plutocracy, and setting it up.
Now, in fact I wouldn't mind if corporations were allowed to give money if they
have approval of every member of that corporation. In other words, if they had
the people, I mean, I would actually, if I was in Congress I would be trying to get
around this decision, and saying, "Yes, you corporations can do this." But you
get a approval of every member, every person who's part of that corporation. Not
just your little Board of Director's okay.
I think that this is standing up for the people. I don't think it's perfect. I don't
think the mechanism will be perfect. But I think anything that's taking a stand
against something that really is undermining democracy, is something important.
I will—you know, as soon as any other member of this Council brings forth
another resolution or something to do, that may be much better, in a different
vehicle, I would be happy to support those efforts. I just think it'sto not vote
for this because it doesn't address the whole problem is really poor judgment, in
my mind. It's just a way to opt out and not take a stand. So I will support this,
and I'm going to yield at this time.
CHR KANUHA: Thank you, Ms. Wille. Ms. Eoff did you want to respond?
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MS. EOFF: Just one more thing that might help. I could read the title of the
Kauai resolution which is similar, and the Maui resolution which is also similar,
and the previously Hawaii County resolution, but they all address a similar title.
For instance, Kauai resolution says, "Resolution urging Hawaii Congressional
Delegation to address excessive campaign spending by proposing and passing
amendments, clarifying that corporations are not people with constitutional rights,
in particular electoral rights, and that unlimited campaign spending is not free
speech." Maui says, "Urging Hawai`i's congressional delegation to address
campaign spending issues by proposing amendments to clarify that corporations
are not people of constitutional rights, and unlimited campaign spending is not
free speech." That's the same.
CHR KANUHA: Ms. Eoff, I'm going to give Ms. David, if that's okay?
Ms. David.
MS. DAVID: Thank you, Chair Kanuha. And, I understand what Mr. Chung is
saying.
But in reading this, I think, for me, at this point and time, it's a resolution. Going
back on what Mr. Chung said before, when we were discussing our previous
resolutions, that this is basically—has no force of law, except to encourage us to
support the idea or support that our congressional delegation propose to passing
an amendment to clarify that. So in my mind, I'm thinking if we're urging the
congressional delegation to propose and pass an amendment, we're not asking
them to propose and pass it exactly as this is saying, okay? We're saying, "Create
whatever amendment that you see fit on the congressional level."
But, basically I support this whole heartedly only because we're just urging our
congressional delegation in their role, as such, to find the appropriate language
and to pass an amendment regarding this subject matter, and that's just how I see
this and for those reasons. I will be supporting this, because I support the intent
of clean elections. I was a participant in the public funding, and that was a great,
great program, and I support that. I think that gives everyone a fair and equal
playing field. I think all the states should have public funding, or everybody has a
fair shot at running for office, and not based on how much money we can raise
and from who it comes from. So basically I'm supporting the intent in this, and
leave it to our congressional delegation to come up with the appropriate language.
Mahalo.
CHR KANUHA: Thank you, Ms. David. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Maybe I am exercising poor
judgement, based on Ms. Wille's standards; if that's true, then I stand guilty as
charged, okay? But I have to stand by my ideals, like everyone else here.
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Constitutional amendments don't come about it too often; and when they do, and
if we're going to urge the United States Government, or the State, or whoever it is
we're urging to do something, I think it should be accurate and it should
accurately reflect what we're trying to achieve. I don't see how this does it. I
mean, as I said the simplest thing would be to say, "Yeah, okay, nuisance value
let's get this thing on its way," but I cannot in good conscience do that.
I think it was Ms. Eoff who said that we can be on the cutting edge. I apologize if
I'm mistaken. But I think you said we can be on the cutting edge, our State or our
County. But how can we be on the cutting edge when this is actually in response
to what you just said, was a "national movement?" It was the national people
who was circulating this thing. And, I got some real problem—
Now, I'm going to give you guys another story about the clean elections bill. I
wish Ms. Noelle Rodrigues was here so I can say to her personally, which I did,
I've been a big opponent of the clean elections bill. It's really difficult—usually a
lonely person going against something called the clean elections bill, right? But
I've written letters to the editor. I've written, well, actually viewpoints to the
local newspaper. I've submitted testimony to the State Legislature. I've even
gone into the proverbial hornet's nest, when Cory Payne came with Global Hope
to give their presentation; obviously, a pro clean elections group. I was there all
by myself. I had to give my point of view; I told them that this was actually a
pro -incumbent measure, because they said it's going to actually increase the
amount of people who are going to run. Everything that they said could be done,
I can dispute and I can use statistics, and say, "No, they were wrong on every,
every, front." As far as I'm concerned, it was a pro -incumbent measure. It was
unfair in its application.
Also, it was called a pilot project. But then as a pilot project, you would have
some measures of success; there was none mentioned. How can it be a pilot
project? Most ridiculous thing I ever saw. But it was part of a national
movement, so these things gain traction, and I don't want to get caught up in that.
I just like to look at things on a case-by-case basis and see whether it actually fits
or makes sense.
I know I was kind of getting off the subject somewhat, when I'm talking about the
clean elections bill, but I'm talking about how we get wrapped up in these
movements, when they deal with campaign finance reform. I'm stating on the
record that I'm against the proliferation of the Super PACs. And if we go after
them, I'll put my name on that. I'll co -introduce, if you want. Yeah, go ahead
Ms. Margaret Wille. Go ahead. I mean
MS. WILLE: Can you write it?
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MR. CHUNG: No, no, I don't want to go through the trouble, okay, not when we
dealing with stuff on the Federal level, okay? I'd rather deal with homelessness
here in Hilo Hawaii, okay, rather than dealing with things we may not have any
control over. But if you want to do something, I'll be more than happy to put my
signature on it if it addresses the problem, okay?
Now, I'll go even further, if I gotI don't know how much time I have. Because
this really—really, I really respect what they're trying to do, Ms. Eoff, okay? But
give me two more minutes, I want to relate one more story as it relates to Super
PAC. I was the recipient, I don't know if you call it victimize or recipient of
something from the Super PAC, and it was reported by Ms. Nancy Cook -Lauer,
kind of a funny thing. It stated that I represented—there was a flyer sent out on
behalf of the working people, that I represent Pahoa, Waimea, I don't know
where, you know, all inaccurate information, sent out to people. That I later
found out were in District 2 representative district, not District 2, Council district.
I didn't even receive this flyer, so I don't know if that's counterproductive to my
efforts as a person running for office or not. But it just goes to show that these
Super PACs, they're not all that great, really. I mean they actually are
sometimes they go against grain for what they're trying to achieve.
I think our democracy is based on people being informed, and I think when we
talk about trying to vilify the corporations as being the reason why the electorates
vote a certain way, I think it doesn't give enough credit to the people who are
actually voting. I give the people more credit than that. When you see ads that
are clearly bias, people see right through it. When people are morphing from one
thing to another, it turns people off The Super PACs, really, I don't like them. I
think they're just allowing wealth to dictate things or trying to. But they're not
really fooling the public, I don't believe. Anyway, I said my peace. Thank you.
CHR KANUHA: Thank you. Mr. Paleka.
MR. PALEKA: Whew, alright, it's a great subject. I was taken aback by the
Citizen United decision. It was a closed decision. But, I'd like to also expand on
the points that our colleague Aaron Chung has made.
When you look at it from outside of, and this is mostly at the Federal level, this
United States Constitutional, you're looking for an amendment. When you look
at the American politics from outside of America, many internationals or friends
of mine would say, "Your guys election period is just too damn long, you guys
crazy, it's too long." Money does come into it. But one of the main point that
they make is, unfortunately, the participation, a voter participation. So, you can
try correct and argue that the Super PACs do have influence on elections. And I
got to agree with Mr. Chung. My opponent had Super PAC's money coming in
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but was not successful. So you can overcome the Super PAC, but it's mostly
based on education of the voter -ship. Like Aaron said, the voters are much
smarter than you think. But, I think where we really need to improve is more so
in participation. People can throw money and stuff for candidates, but really it
comes down to the candidate themselves.
Now, I'm really intrigued, because now I'm really going to look into the findings
of this decisions. Especially Citizen United, I want to see what both sides were.
But, our election process is not just the Super PAC.
And also, touching on the language of clarifying the corporations are not people.
Yeah, they're not; but do they have some constitutional rights, they do have some
constitutional rights, Limited Liability Corporations.
To me, it's all well and good if proposals are made for a constitution amendment,
limiting Super PAC, they, I can live with that. That's fine. But, really, to me
that's not the root of the problem for American politics and election process.
Really, it's not from my perspective. It goes deeper than that. It goes to the
length of the campaign season. Money can be argued as a problem, but really it's
about participation. So, I'll yield at this time and I'll let some others—
CHR KANUHA: Thank you. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. I got to say, Council Member Eoff, I want
to support you on this, and at the same time you already know that we have the
same intention. I need a little bit of—maybe what I want to really say is we need
to take responsibility of some unattended consequences that we might be giving
off passing this resolution. I've followed this Citizens United, and the main thing
they're targeting is this corporation as this big, bad entity. You already feel that
that's the big enemy, and that's why we're kind of passing this; but, the real
problem is that there's unlimited money going into the campaign, the elections,
that's what the problem is.
And reading just the basic Citizens United, it's talking about it's a constitutional
law case dealing with the regulation of campaign spending by organizations.
The United States Supreme Court held the first amendment prohibited the
government from restricting independent political expenditure by a nonprofit
corporation. The principal articulated by the Supreme Court in a case have been
also extended to, for profit corporations, labor unions, and other associations. So
I feel like the problemI would like to really identify is the fact that we have the
unlimited—these Super PACs has these unlimited funding that they can put in a
candidate. What we're trying to say isI mean, you're saying change the
constitution, because the interpretation by the Supreme Court doesn't work with
the ideals that we believe in. But what are we going to change the first
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amendment into to fit that? That doesn't state anything here. Maybe if we could
just identify what the problem is in the title, which is the Super PACs giving those
unlimited money. What we approve as the Council body, unanimously, is where
we approve a support on a billI believe it passed, by the way, the governor
signed it. It's Act 209, if I'm saying that correctly, Act 209, and it increase
transparency of the expenditures of Super PACs. It makes them accountable
because they have to report where they get their money from. That's what we
want to know. We want transparency. We want open government.
I first got into office, because of publicly funded campaigns, and that was clean
elections. I would like to see candidates just running on issues and not having to
worry about money. I want to support this, but I realize here I am in a position
where it rubs my integrity kind of in the wrong way; that we're not pointing it out
right off the bat, and we're picking a bad entity like corporations, just so we can
paint a picture that seems to be evil. But, it's a blanket view on things. And I feel
what we really need to target is what the problem is, it's these Super PACs that's
paying off these candidates to pretty much do their bidding. That seems—for me,
how can I or even someone compete against a Super PAC that has millions,
millions of dollars? That's like totally unreasonable.
But, the other point is the people will see through that. Money might not be why
the candidate wins. But, I want to point out what the problem is in the title. I
would like to see it just emphasize that it's the Super PACs that is the result of the
Supreme Court decision, and that's what I would like to see on the title regarding
Super PAC. I don't see anything about Super PACs here. The only thing that I
see on PAC is actually on a court title. I feel like that's the problem, and they're
not
CHR KANUHA: Thank you, Mr. Eagan. Okay, we'll just go with Ms. Eoff. Go
right ahead, Ms. Eoff.
MS. EOFF: Okay. Well, I'm trying to understand all of your concerns. But I
think that—actually what Ms. David said is what I believe we should really be
focused on. We are not creating the language for our constitutional amendment.
We are supporting a concept and a message to send to Congress that we would
like them to support. For instance. what is currently alive, but I have been told,
and I spoke to Tulsi Gabbard's office today, that she will be supporting a little bit
different rendition. So we don't know exactly what the U. S. Congress is going to
come up with, as far as language. It's just the concept, that we want them to
clarify who are protected under the constitution. And that those are natural
persons, not—and corporations it's not meant to be vilified in this. Corporations
do good things. It's just in the context of campaign spending and transparency
that this measure is being introduced.
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So, I don't know whether I can really change the title appropriately. I think that
there's no harm in us supporting this. I think Kauai just passed one, and I'm not
positive, but I believe Maui will and Honolulu did. I think it's strong that all four
counties stay on board with this, and continue to pressure Congress to do
something meaningful, that would probably address Super PAC, as well. But I
don't feel I need to change any language here right now. I think it's consistent
with the momentum that—oh, and just for your information, when Hawaii
County Council passed a similar resolution in 2010, I believe, it was unanimous.
I believe Mr. Onishi was on the Council at that time, so maybe he has some
recollection, too.
I hear what you're saying, but I think there's different ways to approach this and
different levels. But, I believe that this will just accomplish one thing and send
our message to Congress.
CHR KANUHA: Thank you, Ms. Eoff Ms. Poindexter.
MS. POINDEXTER: Yeah, I'm supporting this. I believe that this is a good
start, even if it's—maybe it could be even added in there, besides corporations
adding Super PAC at one point. But I really believe that this is a move in the
right direction, so I'm supporting this. Thank you.
CHR KANUHA: Thank you, Ms. Poindexter. Ms. David.
MS. DAVID: Yes. Just a final note. Thank you, Chair. I'm still holding my
position, as I originally stated. However, hearing what Mr. Eagan was referring
to, as far as Super PAC, what I do seealthough, as much as I support the going
forward as is, I also see maybe someone, Mr. Eagan, might entertain another
resolution to address the Super PACs, as oppose to changing this current
resolution that we're discussing. I would basically support both of them because I
still feel that this resolution is actually encouraging our Congress to do something
that is under their realm; for them to decide how to address this, and we're just
encouraging them and giving them support as a Council. So I will be supporting
this, and I will encourage Mr. Eagan to bring forward something to address his
concerns regarding Super PAC because I support those, too. Mahalo.
CHR KANUHA: Thank you. Mr. Paleka.
MR. PALEKA: You know, I really have a difficult time, because this is
proposing and pass an amendment to the constitution. And the decisions were
made by the Supreme Court, who are the highest of the land. In all their wisdom
they fight for a decision. Although I do agree with Super PACs, and I'm
comfortable with how much money they can wheel and throw a campaign, I really
don't see that, for me, I really don't see that as a problem in the electoral process.
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I think there's ways that candidates can overcome it, some might feel differently,
and it's all good.
But in supporting—and if there was a good constitutional amendment that was
proposed for ratification, who knows, I might support it. And maybe we should, I
don't know, consider waiting for the document or the legislation to come forward
before we support it. That might be another thing. But you have every right, I'm
not going to suggest otherwise. Karen, I deeply appreciate what you're trying to
do here, in terms of trying to do something with campaign spending. I know a lot
of people have their different views about campaign spending. I'll leave it at that.
Thanks.
CHR KANUHA: Thank you. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. Great discussion. But if we really want to
have reform, I think we should start at the State level instead of going to the
Federal Government, because it's kind of like out of our hands. Looking at where
it says, "Finally Resolved, it's not even going to like the Speaker of the House,
it's not going to the Senate President. I mean, it's just basically to our
Congressional guys. I mean, if you folks want changes, we've got to send it to
the right people, to the higher-ups, and also to the different committees; the
committee members or whoever is in the certain committee that can maybe do the
amendment changes.
But if you look at this, it doesn't have like Mayor Arakawa. It only has like
Carvalho. It has Mayor Kenoi, Mayor Caldwell. But, to me, if we want changes,
I think we should try at our level. Because it looks great for everybody's
discussion, we get the testimony and stuff like that, but it's the Federal
Government. It's like two layers above us, right? So if we want to see changes,
let's do it at the State level, then, I think, people can support us more, and then we
can see what kind of actions can happen, right? So, that's all I would suggest.
Like, we're looking at this HSAC, to me, would be instead of going Congress,
going to our State legislators. You want to answer?
MS EOFF: Yes, if I can answer.
CHR KANUHA: If you want to answer Mr. Onishi.
MS. EOFF: And the reason why I put these on today is because the next one is
actually—well, there will be a bill or a resolution at the State level being
introduced. I wanted, in this second resolution, which I really can't discuss yet
because it's not read in, but it is going to be directed for support, to the State
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through the HSAC package, to support them sending the same message to
Congress. So, I was trying to cover all levels.
MR. ONISHL Yeah, I understand. But what I'm saying is that we should have
State Legislature changing our laws, our Campaign Spending laws, in Hawaii
State.
MS. EOFF: Well, this is a different measure.
MR. ONISHL I understand that. But I'm just saying that if you folks are looking
at clean elections, you guys are looking at stopping corporations, and the Super
PACs giving monies, then let's start at our level. Why are we going all the way to
the moon and we know nothing going happen maybe? I mean, it's only just a
wish thing, right? And it makes everybody look good, right, in support.
MS. EOFF: No, I agree. The constitutional amendment is a long shot, and it
would take, I think, it's a 2/3 vote up there, and then it would have to come back
to the State's for the ratification. That's a long process. But, I think the
discussion is good.
MR. ONISHL Yeah, but then getting the public—what I'm saying, all excited. I
mean, to me, if we get them at the State level, I think we'll get more chances.
But, that's just something to look at. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. I'll just say something before I give
the final word to Ms. Eoff on what she plans to do. But, I agree with the
intention. I see several different outcomes with this resolution, that's why I see
this confusion; you have Citizen United in there, which made one decision, and
then you have speechnow.org vs. the Fed (Federal Reserve), which made a
completely other decision about the campaign spending, What was it? Ahh,
where is it? The lower court case uses a Citizen United case as a precedent,
when it said, "That limits on contributions to groups that make independent
expenditures are unconstitutional." That's where they came up with the Super
PACs. I see several different things inside here that are trying to make it go
towards that unlimited campaign spending is not free speech. Then, you have
another one that corporations are not people with constitutional rights, so that's
why I can see the confusion.
I understandI support the intent of this, urging the Hawaii Congressional
Delegation to propose and pass an amendment. I just understand, also, the
confusion we have or that some Council Members are having. I'm not confused
about it, I completely understand it, but I can see there are several layers within
this simple resolution and that's where the confusion is going. But, I'm in support
of it. I just want to clarify that these are all separate cases that have their own
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intention outcomes. So, I just want to state that's where I can see that
confusion—where there might be confusion, maybe within myself But, I'll
support the intent.
MS. EOFF: Okay, thank you, Mr. Chair. I would like to, I guess, just end by
saying that it's true, there are two components to this. One is, asking the
Congress to clarify that artificial entities, such as corporations do not have
constitutional rights; that those rights are protected for the rights of natural
persons only. And the second part is that money is not free speech, because the
messages that we do not agree; that money is protected the same way as speech is,
under the first amendment.
So, Council Members, I know it might not be a unanimous vote here. I'll just
remind you again that I didn't intend this to be exact language of the
constitutional amendment. I intended it to be a support for what I know is in
Congress, alive, and going to be discussed. I know Tulsi Gabbard is going to be
an advocate, and she sent her support of my initiative here. I wanted to support
those of the other counties, and I urge you to go ahead and support this. Mahalo.
CHR KANUHA: Okay, thank you, Ms. Eoff Mr. Clerk, I'm going to do a roll
call on this one. You can go right ahead and do the roll call.
Vote on Res. 266-15: The motion to adopt Res. 266-15, as amended to Draft 2,
Draft 2 was carried by the following roll call vote:
(Adopted)
Ayes: Council Members David, Eoff, Onishi,
Poindexter, Wille, and Chair Kanuha – 6.
Noes: Council Members Chung, Ragan, Paleka – 3.
Absent: None.
Excused: None.
CHR KANUHA: Thank you, motion passes. Okay, let's go on to
the next resolution. Do we need a break or keep going, Council
Members? Okay, next resolution.
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Res. 267-15: REQUESTS THE HAWAII STATE ASSOCIATION OF COUNTIES
(HSAC) TO INCLUDE IN ITS 2016 LEGISLATIVE PACKAGE A
RESOLUTION URGING HAWAII'S CONGRESSIONAL DELEGATION
TO PROPOSE AND PASS AN AMENDMENT CLARIFYING THAT
CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS,
AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH
Requests that the HSAC package include a request to the State Legislature to
urge Hawai`i's Congressional delegation to take the above action.
Reference: Comm. 446
Intr. by: Ms. Eoff
Waived: GREDC
Motion to Approve: Ms. Eoff moved to adopt Res. 267-15. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff, go right ahead.
MS. EOFF: So, Council Members, my thinking on this was that since I knew that
there was already support from the other counties for this measure and also
Hawaii County, I don't believe that we have anything else proposed for the
HSAC package, that it might be a chance to include this into the HSAC package,
and that would be strong lobbying tool to the legislature to support a measure that
may come from the State to Congress, as well. And, I guess I don't need to speak
on it too much more than that. Once it goes into the—if we pass this, all four
counties would have to support the measure in order for it to make it into the
HSAC package.
CHR KANUHA: Thank you, Ms. Eoff Go right ahead, Mr. Onishi.
MR. ONISHL The Executive Board would have to pass it first, and then it would
go back to all the counties as an HSAC package proposal.
MS. EOFF: Right. And that's the reason why I brought these up today, is
because the deadline for inclusion on the HSAC packages, I believe
September llth.
MR. ONISHL Correct.
MS. EOFF: Thank you.
CHR KANUHA: Thank you. Mr. Chung.
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MR. CHUNG: Once again, I'm going to be voting against this, not because
I'm trying to protect the wealthy, or Super PAC, or go against clean elections.
It's actually quite the contrary. I agree with the intent. But, I'm going to
reiterate, because it's a constitutional amendment that we're talking about. Look,
I can be flexible when we're talking about Ms. David's resolution for the
General Plan, okay? But if I'm going to stamp my name onto something that
deals with a constitutional amendment, it's going to have to be rock solid.
Hopefully, or maybe we may never get that opportunity again, but everything is
going to have to be 100 percent to my liking. So, I applaud Ms. Eoff for doing
what she's doing.
But, we talk about Home Rule a lot. And yet, this is something that's been driven
by a national movement. Instead of starting from the ground level here in
Hawaii, and trying to look at things that fit our situation and then moving
upwards, that would be doing things on the cutting edge, you know, making us on
the cutting edge. Our State, our island, on the cutting edge, instead of getting
swept up by a movement and reacting to that. That's just my personal opinion.
Thank you.
CHR KANUHA: Thank you, Mr. Chung. Did you want to respond Ms. Eoff?
MS. EOFF: Yes. When I said that, it was because in 2010, I believe, the State
Legislature of Hawaii was the first State to send a message to Congress. After
that, I don't know the numbers, but many States and many municipalities follow
suit, so that was why I referenced that.
CHR KANUHA: Thank you, Ms. Eoff Did you want to respond Mr. Chung?
MR. CHUNG: My question would be, why do we have to do this again?
MS. EOFF: Sorry I didn't address that earlier. But the reason is because this is a
little bit stronger with the two components. I think in the original, back in 2010, I
can't remember exactly how it was worded, but this is to be perfectly clear that
they want the Congress to address two points, which I mentioned earlier; that
artificial entities, such as corporations do not have constitutional rights, and also
money is not free speech. So, it's a little bit stronger this time that they're asking
Congress to work on.
CHR KANUHA: Thank you, Ms. Eoff Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chair. Just a question, real quick. This is to
HSAC, is it time sensitive?
MS. EOFF: Yeah, the deadline for proposals for the HSAC package is
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September 11; so if we do pass it today, it would be considered; as Mr. Onishi
said, by HSAC executive meeting.
MR. ILAGAN: Okay. Now, I understand the sensitivity of passing this right
now. But the previous resolution that we passed, there's really no time sensitive
on that, and currently this is pretty much the same thing as the last resolution.
Currently, we're in Council, it was passed through Committee. And when did we
never just lose the spirit of drafting, re -looking, hashing it out in committee? I
mean, that's what we're trying to do. I don't know why we're trying to fast track
something this important. I can understand this. And, I can flex my integrity to
know the fact this is time sensitive. I want my intent out there. But when it
comes to just hashing out an important issue, really finding what the solution is
and getting closer to a solution, rather than, "Oh, this is my intent, regardless of,
may be perfectly worded but let's pass it because this is"I feel like we had lost
the spirit of those committee, where we should be discussing the issues and really
finding the solutions.
I respect you a lot, Ms. Eoff, I really do. When you're doing that, my perception
of you kind of went down. I feel like, here we are, we represent constituents,"
and now I have to answer to my constituents on why I voted down a pretty much
"no" vote down resolution. It doesn't make any sense. I have concerns. I want to
be able to hash it out. I want to be able to find the solution, especially when
there's not even a time sensitive to it; when we can actually just figure it out and
find what the solution is, and I feel like we lost that spirit today.
I want to support this because right now this is time sensitive. This is. If we
don't pass this today, we're never going to get our message out there, and that's
why I'm supporting this. But I want to supportI want to reconsider the other
resolution. I want to be able to talk it out a little bit more. I don't know why we
have to pass it today. What's so urgent about today that it's so important? If you
can consider that as an option. But, I want to let you know that you have my
support on this. You still have my support. I just want to try to find a solution.
MS. EOFF: If I could answer that?
CHR KANUHA: Ms. Eoff
MS. EOFF: I actually agree with you. I wish there would have been time to go to
committee. The fact that—when Mr. Onishi reminded us, I think it was not too
long ago that HSAC resos were due for the package, or had to be submitted before
September 11. It took me a while to get it submitted. And then, I did ask for the
waiver from Committee so that we could hear it in time. And I was wondering,
because the other one has really no time sensitivity. You're right. But then, I
didn't know whether we wanted to go through this discussion for the same reso
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two different times, so I just pushed them both together and brought them here.
So, I understand what you're saying and I do apologize. Because I agree that
important things should be discussed in Committee, but I thank you for your
consideration here today. I know we had a long day, so it's hard, and I apologize.
MR. ILAGAN: May I just answer?
CHR KANUHA: Okay, Mr. Eagan, you may respond.
MR. ILAGAN: Just real quickly. Ms. Eoff, if you could just entertain the motion
of reconsideration on the previous resolution. I'm supporting you on this. Let's
work it out on the previous resolution.
CHR KANUHA: Okay. Thank you, Mr. Eagan. Mr. Paleka, I think you're next.
MR. PALEKA: Well, for the same reasons I'm not that uncomfortable with this
going to HSAC. But again, I—and just to our echo our colleague, Mr. Chung, it
seems to me like we're putting the wagon before the horse because we're really
not sure what's going to be proposed in terms of how specific the language is
going to be for the constitutional amendment. It's just like a shot in the dark it
seems to me, that we're going to be hoping for some kind of resolution where
Super PAC are not going to be allowed to pump so much money into the electoral
process. That might be a good thing. Probably will be, from my point of view.
But again, just the process in this, and some of the language I'm uncomfortable
with. Just to pass something for intent, that's not good enough for me, so I hope
you understand.
For me, I can understand why this is being made. And your discussions with our
elected officials at the Federal level, it's all good. And, I hope some kind of
resolution does come out where more people are satisfied with the process. But
then again, going back to the decision, it was a very close decision. I mean there
are some that would argue, hey, what if money is injected into the political system
that really isn't? It happens in other countries too. But, their participation is
much better than ours in the United States. Not to downplay or criticize the
American system but, I mean, the numbers don't lie. Participation is much better
in some of these other countries. Their campaign season is shorter. They do have
some laws that, well, depending on which country, that limit on how much can be
spent. But more so, more important is time.
But in this measure here, if it goes to HSAC, that's fine. But at this point, I
cannot support it, in its current format. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi, and then I got to take a
brief recess to change tapes. So go right ahead, Mr. Onishi.
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MR. ONISHL For the comment that Mr. Eagan mentioned, I'm the Chair that
waived that, for HSAC and also for the other one. But then, for HSAC one, it was
all time sensitive. That in order for Ms. Eoff's reso to go to HSAC, it would need
to be passed, this Council meeting, okay. So sorry that—but, to me, there was
this long discussion in the first one anyway, so I think everybody got their points
across so it's up to the introducer to decide if she wanted to do an amendment
or to withdraw it and start all over again. But what happens, happens, okay.
Mr. Chair, can you give me a little bit leeway? But you guys talked about—like,
Ms. Eoff brought up about like 2010, about the Council. But like in 2009—was
2008, they had the public funding which some of the candidates had participated
in the public funding. They expected to have more participants by having public
funding, but there wasn't really a lot, okay. Then the next year maybe had a little
bit more that did apply for the public funding. But then, after the third year, I
think it was the third year or the fourth year, the public funds ran out. They went
down to a certain level, where they couldn't implement the program anymore.
But then we did go to the State Legislature, asking them about having them to go
and do public funding too. That didn't even move at all, right?
To me, we should, like I mentioned with the other reso, was that this would have
been great to have HSAC, asking our State legislators to look at this problem
about, I guess, donations coming from corporations, coming from Super PAC,
and so forth, and trying to clean up our home rule first, instead of going all the
way up to the Federal Government.
Every time I hear Council Members mention about home rule, to me, is that if you
want home rule, let's start with home rule first, right, instead of going up to the
Federal Government. Telling them, "Okay, you guys go and change the
constitution and to restrict all this."
But, I will support this again, because I supported the other reso. And I'll bring it
up to HSAC, and to see if we can get the support, yeah, from the other Executive
board members. So, thank you.
CHR KANUHA: Thank you, Mr. Onishi. We're going to take a brief recess so
that we can change the tapes. Brief recess.
Recess: At 4:56 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 5:02 p.m.
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CHR KANUHA
get started again.
have your light on
September 2, 2015
Okay, Council Members, we're coming out of recess and we'll
I have no idea who was next to speak. Ms. Wille, I think. You
. Go right ahead. Just turn on your light first.
MS. WILLE: Okay, thank you. I'm going to be supportive of this. I think this is
just basically giving support to this effort, and that's the vein in which I am
supporting it, and I think that's the vein in which it was written, and that's the
vein intended.
I do think that we as a Council can submit something separate from HSAC. And,
I would be happy to entertain Council Member Ilagan's or Council Member
Chung's, or anybody'sI think if we just decide we're not doing things, unless
they're perfect, You know, we're going to have a hard time here. But anyway,
I'm not going to belabor it. I am supporting it, and I think that's the general idea
of what you support.
I would also like to see something in terms of Super PACs. I mean, they can say,
"Okay, some of us want, despite the Super PAC," but, I mean, it's incredible. I
mean, there were hundreds of thousands of dollars, Super PAC's money, spent to
post me. I think there are things that even we could do on that level. And I agree,
I mean, I think that we could actually get more transparency on the State level for
that than what there is.
Even the way they're implementing, in terms of what I saw, a lot of what was
reported of funds was not adequate, and was clearly—and the commission knew
that they were not reporting it correctly. So there's a lot that we can do, but I
think it's also where other branches of government are doing things, I think we
can give them our support without that level.
I don't think we ought to go back and reconsider. I mean we always pass things
because of the timeline, and that's what Council Member Onishi explained. And,
Council Member Ilagan, you do that all the time. I mean you did that for the
Planning ones. You moved them forward because there was a time deadline.
Saying Ms. Eoff isn't being respectful of our process, it's just really beyond.
Anyway, it's over the top. I think we ought to move on, I think we all know
where we stand, and we ought to just go ahead and vote on it. Everybody votes
the way they feel comfortable doing.
But, I think that Ms. Eoff has made it clear what the intent is. I think it's written
well enough to convey that, and it certainly doesn't do everything. And we're all
here and we can all work harder to pass more that's more perfect. I know I'm not
perfect. We work on a lot things, where we can and where we have time. I feel
good that we worked on the Ethics bill. I mean, I feel we did spend a lot of
sessions but we made progress. But that's something that we can, ourselves,
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Hawaii County Council -21
September 2, 2015
control; whereas this, we're basically saying we're supporting this effort. That's
how I'm going forward with this, and I think that's how it should. Anyway, I
yield.
CHR KANUHA: Thank you. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman, for allowing me to explain myself one
more time, okay, and it's really important. Because yesterday we had the Ethics
bill, I was on the losing end of that, right? Today, I'm going to be on the losing
end of clean elections reform. I'm going to be public enemy number one, right?
just want to explain. I mean, I think you all know how I feel. I agree with the
intent, and I'd be willing to actually lend support to other measures that are more
accurately address the problem.
But again, very briefly, let's focus in. This is what's really raising my hackles,
this focus on corporations solely. And I understand why they did that, it's
because of the Citizen United case. But, there are more entities out there not just
corporations that should be included in all this. So let's just put it in perspective,
and drawing upon what Mr. Onishi said, "Working from the ground up." If we
were framing something for our island, our State, would we only be focusing on
corporations? No way. There would be so many other aspects. So, just to focus
in on corporations, and again I told you why I expect it to be perfect, because
we're dealing with the highest body of law in the United States. This is not some
resolution that deals with General Plan. This is the Constitution of the United
States, my friends.
So, hopefully the public doesn't get the impression that I'm against all of these
"feel good" things, but I have to stand committed to my ideals when it comes to
certain things. So having said that, I yield.
CHR KANUHA: Thank you, Mr. Chung. I'll let you finish up after Mr. Eagan.
Go right ahead, Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Just two points. First of all, to Council
Member Wille, you misunderstood me because I told the body that I'm supporting
Resolution 266 due to the fact that it's time sensitive. I'm saying the previous
resolution was not time sensitive. I felt that we can hash it out and figure it out. I
just want to let you know you misunderstood me, and I feel like that wasn't right.
But my second thing, as I was walking out of this building I realizedI want to
address my comment that I made to Council Member Eoff because I allowed my
emotions and frustration overwhelm me, and I want to address that comment I
made on my view on you. I sincerely apologize because that was uncalled for on
my part, and I want to be better than that.
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Hawaii County Council -21
September 2, 2015
But, I just wanted to stress the importance of this issue. I feel that we can, due to
the fact that it wasn't time sensitive, we can figure it out. I'm not looking for a
perfect bill, but I'm looking for the time to allow us to find a solution. So, I just
want to make that comment. I will be supporting 266 because of the fact that it's
time sensitive, and I do understand that it might not be the ideal language that I'm
looking for, but I really want to support the intent and that's the same intent that I
have. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Ms. Eoff, can you take us home,
please?
MS. EOFF: Yes, thank you. Thank you and I accept your apology, and I
understand everybody's feelings here. If it was a bill, I would try and make it a
lot more perfect and I would definitely have spent a lot more time, and hopefully
been able to go in Committee and through the whole entire process.
But once again, I would just likeI know Mr. Chung continues to be concerned
that it's targeting corporations, but I really don'tI read it, I wrote it. I'm
reading what the intention is, and I don't believe that it's just targeting
corporations. I believe it's more asking that the constitution clarify what "natural
persons" means. Actually if—in doing so, it's going to help with Super PACs and
any kind of money that comes into political campaigns, that it becomes more
transparent and more regulated. So, I don't really think that we should dwell that
much on this title because I believe it's not stating what the constitutional
amendment should say. It's stating a concept, and it's asking that the Congress
clarify this problem. So, I'm sorry if I'm not articulating it better. I'm a little bit
tired. So, thank you very much.
CHR KANUHA: Thank you, Ms. Eoff Mr. Clerk, roll call, please, on the
motion to approve Resolution 267-15.
Vote on Res. 267-15: The motion to adopt Res. 267-15 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members David, Eoff, Ilagan, Onishi
Poindexter, Wille, and Chair Kanuha – 7.
Noes: Council Members Chung, Paleka – 2.
Absent: None.
Excused: None.
CHR KANUHA: Thank you, motion passes. Okay, Mr. Clerk, can you take us
to the next item?
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Hawaii County Council -21 September 2, 2015
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 62 INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 3,
(Draft 2): SECTION 6-3.4, OF THE HAWAII COUNTY CHARTER (2014),
RELATING TO COUNTY BANDS
Removes language specifying that bandmasters and band employees are
appointed and exempt from civil service laws and classifications.
Reference: Comm. 357.2
Intr. by: Mr. Onishi
First Reading: August 5, 2015
Second Reading: August 19, 2015
Note: Third of three required readings, a
2/3 vote of the entire membership is
required to pass each reading, pursuant
to Section 15-1(a), Hawai`i County
Charter.
Motion to Approve Mr. Onishi moved to pass Bill 62, Draft 2, on third and
final reading. Seconded by Ms. David.
CHR KANUHA: Mr. Onishi.
MR. ONISHL No comment, just support.
CHR KANUHA: Any other discussion, Council Members? I think this is the
third and final reading, for this Charter Amendment. Okay, hearing or seeing
none, all in favor say "aye."
Vote on Bill 62: The motion to pass Bill 62, Draft 2, on third and final reading
Draft 2 was carried by the following voice vote:
(Adopted)
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. Okay, Bill 74.
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Hawaii County Council -21
September 2, 2015
Bill 74: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the Asset Forfeitures — State account ($200,000); and
appropriates the same to the Asset Forfeitures — State account. The
appropriation is necessary for the Police Department to receive State Asset
Forfeiture funds.
Reference: Comm. 412
Intr. by: Ms. Eoff
First Reading: August 19, 2015
Vote on Bill 74: Ms. Eoff moved to pass Bill 74 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.
CHR KANUHA: Motion passes. Next item.
Bill 75: 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 State Grants — Coastal Zone Management account
($16,258); and appropriates the same to the Coastal Zone Management — Other
Current Expenses account. Funds would be used for costs related to increased
wages of public employees providing contract work and for performance of
additional services.
Reference: Comm. 413
Intr. by: Ms. Eoff
First Reading: August 19, 2015
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Hawaii County Council -21
Vote on Bill 75
(Adopted)
September 2, 2015
Ms. Eoff moved to pass Bill 75 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.
CHR KANUHA: Motion passes. Next item.
Bill 76: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the State Grants — Fall Prevention/Home Safety
Program account ($3,360); and appropriates the same to the Fall
Prevention/Home Safety Program account. Funds would be used by the
Hawaii Fire Department to conduct home safety assessments with individuals
identified as at -risk for falls and to refer individuals to prevention services.
Reference: Comm. 415
Intr. by: Ms. Eoff
First Reading: August 19, 2015
Vote on Bill 76: Ms. Eoff moved to pass Bill 76 on second and final reading.
(Adopted) Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
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Hawaii County Council -21 September 2, 2015
REFERRALS The Chair directed the Council to proceed to the next order of business, Referrals
FOR EXECUTIVE for Executive Session.
SESSION:
Comm. 428: GARY DARNELL/GOVERNMENT EMPLOYEES INSURANCE
COMPANY VS. COUNTY OF HAWAII; ET AL.; CIVIL NO. 09-1-0146
From Deputy Corporation Counsel Melody Parker, dated August 11, 2015,
requesting an attorney-client confidential discussion to consult with the Council
a possible settlement offer for a lawsuit filed on April 17, 2009, due to an
automobile accident.
Vote on Motion to: Ms. Eoff moved to enter into Executive Session in order to
Enter into Executive hold attorney-client privilege discussion regarding Comm. 428,
Session: as authorized by Section 92-5(a)(4) of the Hawaii Revised
(Approved) Statutes. Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha — 9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: We are now in Executive Session.
Recess: At 5:23 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 5:47 p.m.
CHR KANUHA: Okay, we are out of Executive Session. I will ask for a motion
to concur with the recommendations of Corporation Counsel to settle.
Motion to Concur: Ms. Poindexter moved to concur with the recommendations
of Corporation Counsel regarding Comm. 428. Seconded by
Ms. David.
CHR KANUHA: Any discussion Council Members? Mr. Onishi.
MR. ONISHL Ms. Parker, you can come back up again? One fast one.
(Note: At this time, Deputy Corporation Counsel Melody Parker came
forward to address the members of the Council.)
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Hawaii County Council -21
Vote on Motion to
Concur:
(Approved)
MS. PARKER: Yes?
September 2, 2015
MR. ONISHL So, if you can maybe email to the Council Members later, when
you request that all bodily injuries can be tested, so that way at least Council
Members will know when it might take effect or it did get to the proper people?
MS. PARKER: Okay. What I think I'm going to do is just do a short memo to
the chief, and then I will cc (carbon copy).
MR. ONISHL Okay, sounds great. Thank you very much.
MS. PARKER: Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Okay, hearing
or seeing none, all in favor of the motion say "aye."
The motion to concur with the recommendations of
Corporate Counsel regarding Comm. 428 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. Before we end, Mr. Clerk, can we just check?
I know you were on it, but I definitely wasn't on it.
MR. ONISHL Mr. Chair?
CHR KANUHA: Mr. Onishi, yeah?
MR. ONISHL Is it possible to put back on the agendas, especially Council
agendas, if we have any presentations, like how before we used to have? Like, if
we get certificates, or like—on the agendas, so that way we know. Like now,
unless you read, like that memo that comes to us, that they're going to have a
presentation, say next week. Sometimes you might forget, right? But if we see
on our agenda before used to be on.
CHR KANUHA: I forget the reason why. There was a reason.
MR. ONISHL Yeah, why was it taken off?
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September 2, 2015
MR. MAEDA: Because the presentations were not always given to us timely so
that we could put it on the agenda within the posting date, by the posting
deadlines.
MR. ONISHL Yeah, but we've been getting those letters, that's going to get
these, like certificates, way ahead. Yeah, but then it's going to still be presented
anyway, right, that day?
CHR KANUHA: There were some issues we were having. But, we can go over
it again and talk about it afterwards.
MR. ONISHL Yeah, I mean, or at least put one deadline. If you want your
certificate presented on this certain date, you need to invite, like two weeks or
whatever, because we all should know.
CHR KANUHA: We could do that for all bills and resolutions, too.
MS. WILLE: Yeah. I did put that in, when we I did revise the rule. I did
revise the rule, and said it would be on there. That was in the rule, so I don't
know how it got off the rule. Was that another slippery thing that happened?
CHR KANUHA: There was some issue, but we'll definitely
MS. WILLE: In other words, wasn't it in rules back—last term?
CHR KANUHA: Ms. Wille, I think we're asking a question that we can't
answer at this point.
MS. WILLE: Okay.
CHR KANUHA: Okay. We'll definitely go over it and talk about it with you
guys.
MR. MAEDA: We did cover all items, and we need a motion to adjourn.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
Hawai'i County Council -21 September 2, 2015
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no other business, at 5:51 p.m., Ms. Poindexter moved to adjourn
MENT: the meeting. Seconded by Ms. Wille and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
(lagan, Onishi, Paleka. and Acting
Chair Poindexter -7.
Noes: None.
Absent Council Members Wille, Kanuha and -2.
Excused: None.
CHR. KANUHA: We are adjourned.
NOV 16 2016
Council Approval:
CO CLERK
SM//na
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